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Overview of the 1969 Vienna Convention

According to the 1969 Vienna Convention on the Law of Treaties, a treaty is an international agreement concluded between states in written form that is governed by international law. Treaties can be embodied in a single document or multiple documents and go by various names including conventions, pacts, protocols, agreements, arrangements, accords, final acts, and general acts. While municipal law may distinguish between treaties and executive agreements, international law considers both equally binding.

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125 views2 pages

Overview of the 1969 Vienna Convention

According to the 1969 Vienna Convention on the Law of Treaties, a treaty is an international agreement concluded between states in written form that is governed by international law. Treaties can be embodied in a single document or multiple documents and go by various names including conventions, pacts, protocols, agreements, arrangements, accords, final acts, and general acts. While municipal law may distinguish between treaties and executive agreements, international law considers both equally binding.

Uploaded by

Natasha Grace
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Treaty acc.

to the 1969 Vienna Convention on the Law of Treaties - an


international agreement concluded bet States in written form and governed by
international law, whether embodied in a single instrument or in two or more
instruments, and whatever its particular designation.

Other names for international agreements: convention, pact, protocol,


agreement, arrangement, accord, final act, general act, exchange of notes.

Municipal Law concept: executive agreement is not a treaty (Commish of


Customs v. Eastern Sea Trading). International law standpoint: equally binding
as treaties.

 Modus Vivendi – informal agreements between States


 Final Act – instruments that records the winding up of conference proceedings
 Joint Communique – issuance by ministers to the press after the end of the
meeting

 Form:
Art. 2 of the Vienna Convention: treaties should be in writing.
 Intent
 Coverage
 Registration
Art. 3: an unwritten treaty does not affect its legal force.
1986 Vienna Convention: only treaties executed bet States
1986 Vienna Convention on Treaties for Internationall Orgs: treaties between
States and Internationall Orgs

 Requisites for validity.


a. Treaty-making capacity
b. Competence of the rep/organ concluding the treaty
-Doctrine of Unequal Treaties: treaties which have been imposed through
coercion or duress is void.
-Other Vices of Consent: treaty signed by unauthorized representative can be
invalidated by the state
-Domestic Law not a Shield: Art 27 of VCLT provides that a State cannot invoke
its domestic law in order to escape treaty liabilities
-Manifest Violation: Art 46, par. 2 a violation is manifest if it is objectively evident
to any State acting in accordance with accordance with normal practice and good
faith in relation to that matter.
-Doctrine of Jus Cogens: Customary international law has the status of
peremptory norm of international law, accepted and recognized by the field.
c. Parties must freely give consent
d. Object and subject matter must be lawful
e. Ratification in accordance with constitutional processes of the parties concerned.

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