treaties

- is for the purpose - is binding on the

of regulating their parties when it
mutual relations intends to create
under the law of legal more than the
nations moral obligations.

- is entered into by
states or entities - a formal
possessing the agreement usually
treaty- making in writing
capacity
EXECUTIVE AGREEMENTS

treaties
- is for the purpose - is binding on the
of regulating their parties when it
mutual relations intends to create
under the law of legal more than the
nations moral obligations.

- is entered into by
states or entities - a formal
possessing the agreement usually
treaty- making in writing
capacity
 To settle actual and potential
conflicts

Functions To transform an
To provide the humus
for the growth of int’l
customary law
of unorganized international
society into otherwise on
any chosen level of social

Treaties
integration

To modify rules of int’l customary law by means

of optional principle or standards
 
ESSENTIAL REQUISITES OF A VALID TREATY

complian
lawful ce with
subject- constituti
freedom of matter onal
consent process
authorize
d
representa
treaty- tives
making
capacity
 Treaty- making capacity
Dependent on the status or self imposed inhibitions of a state or entity with
international personality thus possessing recognition.
 Authorized representatives

Determined by Municipal Law.

 Freedom of consent

Concerns fraud, force or mistake which will render the treaty void ab initio.
 Lawful subject- matter

The treaty should embrace a subject which is in accord with the law of nations,
international laws, international conventions and public morality.
 Compliance with Constitutional Processes

Non- compliance with this requisite will prevent enforcement of the treaty even if
already signed by the authorized negotiators.
TREATY- MAKING PROCESS

Exchange of the
Negotiation Ratification instruments of TREATY
ratification
 Negotiation
May be undertaken by the head of state or authorized
representatives.
Submission of the draft of the proposed treaty.
Authentication through signature for the purpose of
symbolizing the good faith of the parties.

 Ratification
Is the formal act by which a state confirms and accepts the
provisions of a treaty.
Enables the contracting states to examine the treaty more
closely.

 Exchange of the instruments of ratification

Signifies the effectivity of the treaty.
 Alternat- is whereby each of the several
negotiators is allowed to sign first on the copy
which he will bring home to his own state.
 Reservations- a remedy to total rejection of a
treaty which constitutes a modification of the
original agreement.