IRF 3104 Law of Treaties 11/15/2023

Retroactivity of Treaties

Retroactivity of Treaties

The concept that a later treaty prevails over an earlier one dealing with the same subject matter. The Rome Statute is not retroactive.

Competence to Interpret Treaties

The parties that enter into treaties are primarily competent to interpret them. The treaty itself may confer competence on the International Court or a specialist tribunal.

Textual Approach

The approach to treaty interpretation that emphasizes the ordinary meaning of the text and the intention of the parties as expressed in the text.

Progressive Interpretation

A version of the teleological approach to treaty interpretation that focuses on the evolving object and purpose of the treaty.

Mode of Interpretation

Judges apply the textual approach if there is no ambiguity, and the teleological approach if there is ambiguity. They may also refer to preparatory work, such as the Travaux Préparatoires.

Principle of Integration

The meaning of a treaty must be understood in the context of the treaty as a whole, including its text, preamble, annexes, and related agreements or instruments.

Principle of Contemporaneity

The language of a treaty must be interpreted in the light of the rules of general international law in force at the time of its conclusion and the contemporaneous meaning of terms.

Doctrine of Ordinary Meaning

The presumption that the ordinary meaning of treaty provisions should be followed, unless the proponent of a special meaning can establish it with a burden of proof.

Supplementary Means of Interpretation

Recourse to preparatory work and circumstances of treaty conclusion may be used to confirm or determine the meaning of a treaty when the textual interpretation is ambiguous or leads to an absurd or unreasonable result.

Binding on Non-Parties

A rule in a treaty may become binding on non-parties if it becomes part of customary international law or if the treaty provides for lawful sanctions for violations.

Exemptions to Pacta Sunt Servanda

Customary international law allows obligations to arise for third states if the parties to the treaty intend the provision to establish the obligation and the third state expressly accepts it in writing.

Treaty Modification

Article 41 of the VCLT provides for the modification of treaties by agreement without requiring any formality for the expression of agreement.

Amendment vs

Amendment involves changing the entire treaty with the consent of all parties, while modification applies to certain terms only and may be applied to certain parties of the treaty.

Grounds for Invalidity of Treaties

Violations of internal law, defects of authority, error, fraud, coercion, conflict with a peremptory norm.

Grounds for Termination and Suspension

War and conflict, denunciation, material breach, supervening impossibility of performance, fundamental change of circumstances.

Effect of Invalidity

A treaty is considered voidable, meaning it is valid until declared void. Consent to a treaty may be coerced, and if a ground for invalidity exists, it can be invoked to render the treaty voidable.