The Vienna Convention on the Law of Treaties (VCLT) provides a framework for how states make, understand, and apply treaties. Often called the “treaty on treaties,” it helps establish common rules for international agreements.
The United Nations International Law Commission (ILC) began work on the VCLT in 1949. Over the following two decades, ILC special rapporteurs prepared draft texts and commentaries. Among the prominent scholars involved were James Brierly, Hersch Lauterpacht, Gerald Fitzmaurice, and Humphrey Waldock.
All flashcards
What does Article 26 of the VCLT require?
Treaties in force must be performed by their parties in good faith.
How does the VCLT define a treaty?
A written international agreement between states governed by international law.
What is jus cogens under Article 53?
A peremptory norm of general international law from which no derogation is permitted.
What does Article 11 address?
Means of expressing consent to be bound by a treaty, including ratification and accession.
How does accession differ from negotiating and signing a treaty?
Accession lets a state join without having participated in negotiating the treaty’s original text.
Quiz questions
Which category of states is included in the VCLT’s Vienna formula for treaty participation?Answer: States that are members of specialized agencies.
What is the role of Article 32 in interpreting a treaty under the VCLT?Answer: It provides supplementary means to confirm or determine meaning in specified circumstances.
Under the VCLT, what is accession?Answer: A means for a state to join a treaty without having negotiated its original text.
What may a reservation do when the treaty permits it?Answer: Exclude or modify the legal effect of particular provisions for the reserving state.
Which agreement falls outside the VCLT’s direct scope under Article 1?Answer: A written agreement between two international organizations.