The Law of Treaties

 

The Law of Treaties

The Law of treaties is a body of rules and principles that govern the formation, interpretation and termination of treaties. A treaty is an agreement between two or more states that is governed by international law. The law of treaties provides guidance on how treaties are created, how they are interpreted and how they can be changed or terminated.

The law of treaties is primarily based on the Vienna Convention on the low of treaties, which was adopted in 1969 and entered into force in 1980. The convention codifies many of the customary rules of treaty law that had developed over time and it provides a framework for the negotiation, conclusion and operation of treaties.

The convention sets out the basic requirements for the formation of a treaty including the need for the consent of the parties, the form and content of the treaty and the role of intermediaries in the negotiation process. It also establishes rules for the interpretation of treaties including the use of the treaty test and context in which it was negotiated.

In addition to these core elements, the law of treaties also covers a range of other topics such as the application of treaties in domestic law, the effects of reservations and objections and the grounds for terminating or suspending a treaty.

Overall, the law of treaties plays an important role in international legal system by providing a framework for the creation and operation of treaties which are a key tool for promoting cooperation and resolving disputes between states.

According to Starke, Treaty is an agreement by which two or more states establish or seek to establish relationship between them under international law and in the word of Oppenheim, International treaties are conventions or contracts between two or more states concerning various matters on interest.

Thus, a treaty is an agreement between the parties in international scene. It is mainly concerned the agreement between states under which they undertake to carryout obligations imposed on each other.

 Treaty is referred by various terminologies, such as- convention, agreement, covenant, protocol, Memorandum (MoU), Declaration, communiqué, Statute, Constitution, Charter, Exchange of letters, Exchange of notes, Letter of understanding, Agreed minutes, Record of decision, Term of Reference (ToR), Pact etc.