Exam 2: Treaties - Gen Principles, Reservations, Interpretation, Invalidity, Termination

Vienna Convention on the Law of Treaties, 1969 (VCLT)

Principle authority on treaty laws. Not ratified by the US, but is excepted

VCLT - Article 1

Establishes what a treaty is; an international agreement written between states and governed by international law.

• Bilateral Treaties - 2 states

• Multilateral - multiple states

VCLT Treaty Formulation - Negotiation

• Process may be bi/multi-lateral

• State representatives participate in meetings

• No Basic limits on who has capacity to negotiate. Must have full powers (Art 7)

Full Power to Negotiate

Comes through credential or ex oficio status of representatives

• Credential: diplomats

• Ex Oficio: State leaders - Presidents, Prime Ministers, etc.

VCLT Treaty Formulation - Adoption of Text

Requires approval of text (or expression of approval). Adoption expressed through:

• Bi-lateral: mutual consent

• Restricted multilateral: unanimous consent

• Conference: by voting rules

VCLT Treaty Formulation - Expression of Consent to be Bound

States must indicated willingness to accept the instrument/treaty’s obligations and duties

Expressions of Consent to be Bound

• Authenticated signature alone (rare)

• Signature subject to ratification, acceptance, or approval

• Accession: 3rd party that has not signed, but assumes rights/duties

VCLT Treaty Formulation - Entry into Force

Two Types

1. Effective Date: Uses treaty’s terms to establish when it becomes binding law

2. Reservation: mechanism that allows for legal terms to be changed, increasing state participation. Higher likelihood of disputes