This lesson introduces treaties as sources of international law, explains how international rules govern them, and distinguishes important treaty forms.
A treaty is an international agreement between sovereign states or other subjects of international law, including international organizations, that is governed by international law. Treaties may also be called conventions, pacts, protocols, covenants, or international agreements. The label alone does not decide whether a document is a treaty: the key issue is whether the parties intended to create legal obligations under international law.
All flashcards
What is a reservation to a treaty?
A unilateral statement made when joining a treaty that aims to exclude or modify the legal effect of specified provisions for that state.
How does an interpretive declaration differ from a reservation?
It explains how a state understands a provision rather than aiming to exclude or modify an obligation.
What is a self-executing treaty?
A treaty whose provisions may operate domestically upon the state becoming bound, without additional implementing legislation.
What is an authentic interpretation of a treaty?
An interpretation agreed upon by all treaty parties, which can have the legal effect of adding a clause.
What is a peremptory norm of international law?
A fundamental rule from which no derogation is permitted; a conflicting treaty is null and void.
Quiz questions
What does ratification generally do in treaty-making?Answer: Formally confirms a state's consent to be bound, usually after domestic procedures.
What is the usual effect of signing a treaty when further ratification is required?Answer: It authenticates the text, while the state becomes bound only after ratification.
Does a material breach automatically terminate a treaty?Answer: No. Other parties’ responses and applicable treaty procedures matter.
What is a common function of a protocol related to an existing treaty?Answer: It supplements the earlier treaty by amending it or adding provisions.
What has contributed to debate over the Treaty of Waitangi?Answer: Its English and Māori texts differ in important respects, including expressions of authority and self-determination.
Based on the Wikipedia article Treaty, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.