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Treaty

Treaty

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Published by georaw9588
An agreement formally signed, ratified, or adhered to between two nations or sovereigns; an international agreement concluded between two or more states in written form and governed by international law.
An agreement formally signed, ratified, or adhered to between two nations or sovereigns; an international agreement concluded between two or more states in written form and governed by international law.

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Published by: georaw9588 on May 25, 2013
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TREATYtreaty. 1. An agreement formally signed, ratified, or adhered to between two nations or sovereigns; an international agreement concluded between two or more states in written form andgoverned by international law.— Also termed accord; convention; covenant; declaration; pact. Cf.EXECUTIVE AGREEMENT. [Cases: Treaties 1. C.J.S. Treaties § 2.]“[T]he legal terminology used by the United States to describe international agreements ismarkedly different from that employed elsewhere. Under the U.S. Constitution, the term ‘treaty’has a particular meaning — an agreement made by the President with the advice and consent of the Senate.” David J. Bederman, International Law Frameworks 158 (2001).commercial treaty. A bilateral or multilateral treaty concerning trade or other mercantileactivities. • Such a treaty may be general in nature, as by supplying the framework of long-termcommercial relations. Or it may be specific, as by detailing the conditions of particular branchesof trade or other commercial transactions. Sometimes a treaty of this kind deals with an individual project, such as a guaranty agreement. [Cases: Treaties 8. C.J.S. Treaties § 6.]defensive treaty.A treaty in which each party agrees to come to the other's aid if one isattacked by another nation. See treaty of alliance.“Defensive treaties, as generally understood, are made to secure the parties to them againstaggression from other states. They may, also, aim at the maintenance of internal quiet, or of neutrality amid the conflicts of neighboring powers. To attempt to gain any of these objects is notnecessarily contrary to the law of nations or to natural justice. Mutual aid, indeed, against thedisturbers of internal quiet, may secure an absolute government against popular revolutions infavor of liberty, but if a confederation or alliance may secure to its members the enjoyment of freeinstitutions, there is no reason, as far as international law is concerned, why institutions of anopposite kind may not support themselves in the same way.” Theodore D. Woolsey, Introductionto the Study of International Law § 107, at 171 (5th ed. 1878).dispositive treaty (dis-poz-<<schwa>>-tiv). A treaty by which a country takes over territory by impressing a special character on it, creating something analogous to a servitude or easement in private law.guarantee treaty.An agreement between countries directly or indirectly establishing aunilateral or reciprocal guarantee. — Also spelled guaranty treaty. — Also termed treaty of guarantee; quasi-guarantee treaty; pseudo-guarantee treaty.“In many instances where the term ‘guarantee’ is used in international treaties, thecontracting parties merely intend to underline their willingness to comply with the obligation theyhave entered into. Obligations of this kind do not fall within the concept of guarantee in the proper sense of the term. In this particular respect, the expression ‘pseudo-guarantees' or ‘quasi-guaranteetreaties' is used.” George Ress, “Guarantee Treaties,” in 2 Encyclopedia of Public InternationalLaw 634 (1995).mixed treaty. A treaty with characteristics of different types of treaties, esp. contrasting types(e.g., permanent and transitory, or personal and real).nonaggression treaty. See NONAGGRESSION PACT.nonproliferation treaty. A treaty forbidding the transfer of nuclear weapons from a countrywith a nuclear arsenal to one that does not have nuclear-weapons capability. • The first such treatywas concluded in 1968, and now more than 100 nations have agreed to its terms. — Also termednuclear-nonproliferation treaty.
 
offensive treaty.A treaty in which the parties agree to declare war jointly on another nationand join forces to wage the war. See treaty of alliance. peace treaty.A treaty signed by heads of state to end a war. — Also termed treaty of peace.[Cases: War and National Emergency 33. C.J.S. War and National Defense § 50.]“A peace differs not from a truce essentially in the length of its contemplated duration, for there may be very long armistices and a state of peace continuing only a definite number of years.The ancients often concluded treaties of peace which were to expire after a certain time ....”Theodore D. Woolsey, Introduction to the Study of International Law§ 158, at 268 (5th ed. 1878). permanent treaty. A treaty that contemplates ongoing performance (as with a treaty of neutrality). personal treaty. Hist. A treaty relating exclusively to the contracting sovereign as a person. •Examples of personal treaties are family alliances and treaties guaranteeing the throne to a particular sovereign and his or her family. With the advent of constitutional government in Europe, personal treaties have lost their importance. pseudo-guarantee treaty. See guarantee treaty.quasi-guarantee treaty. See guarantee treaty.real treaty.A treaty relating solely to the subject matter of the compact, independently of the persons of the contracting sovereigns. • Real treaties continue to bind the state even when theheads of government change.transitory treaty. A treaty carried into effect once and for all, so that it is complete when theact has been performed (as with a treaty of cession).treaty of alliance. A treaty establishing mutual and reciprocal support obligations. • A treaty of alliance may be for support in defense, aggression, or both. See defensive treaty; offensive treaty.“A treaty of alliance can bind the parties to no injustice, nor justify either of them in beingaccessory to an act of bad faith on the part of another. Hence a defensive, still more an offensivealliance, can only contemplate, if lawful, the warding off of intended injustice.” Theodore D.Woolsey, Introduction to the Study of International Law § 107, at 172 (5th ed. 1878).treaty of guarantee. See guarantee treaty.treaty of neutrality. A treaty in which the parties agree not to engage in any aggressive actionagainst one another, whether individually or jointly with others, and not to interfere with the other  party's affairs. • There is no commitment to aid another party in the event of war — only to refrainfrom becoming involved.“Treaties of neutrality are reciprocal engagements to have no part in the conflicts betweenother powers — to remain at peace in an apprehended or an actual war. They are suggested by, and prevent the evils of that interference of nations in each other's affairs, for the preservation of the balance of power or the safety of the parties interfering, which is so common in modern history.”Theodore D. Woolsey, Introduction to the Study of International Law § 107, at 172 (5th ed. 1878).treaty of peace. See peace treaty.2. A contract or agreement between insurers providing for treaty reinsurance. See treatyreinsurance under REINSURANCE. [Cases: Insurance 3593.] 3. A negotiated contract or agreement between private persons. private treaty. An agreement to convey property negotiated by the buyer and seller or their agents. • This term is esp. common in the U.K.

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