INTERNATIONAL CONVENTIONS

GOVERNING CUSTOMS &

INTERNATIONAL TRADE & TRAVEL

PRESENTED by:
Marsha Wilson-Maxwell
 INTRODUCTION
TO
INTERNATIONAL
CONVENTIONS
 What is an International
Convention ?
 An international convention is a formal
agreement between States.

 The term international convention is often

synonymous with the term international treaty.

 International treaties may be referred to as

Conventions, Protocols, Covenants or Acts.
 What is an International
Convention ?

 International Conventions are generally used to

describe formal multilateral treaties comprising
several Parties, and are normally open for
participation by the international community as a
whole, or by a large number of states.
 What is an International
Convention?
As defined by the United Nations:

 A Convention is an international agreement between

countries.

 Usually developed by the United Nations or other

international organizations.

Governments that ratify Conventions are obliged to

incorporate them into their own laws and to make sure
that these laws are applied and respected.
 What is the Purpose of an
International Convention?
 International Conventions are negotiated by States
or International Organizations to create international
rules or standards to achieve a global objective or to
resolve a global issue.

 For E.g. the Convention on International Trade in

Endangered Species of Wild Fauna and Flora
(CITES) was done under the aegis of the United
Nations in response to the global issue of protecting
wildlife.
 Formulation of the International
Convention
 Conventions usually comprise instruments negotiated
under the auspices of an international organization
(e.g. United Nations Convention on the Law of the Sea
of 1982).
or

 Conventions can comprise instruments adopted by an

organ of an international organization
(e.g. the 1989 Convention on the Rights of the Child,
adopted by the General Assembly of the UN).
 International Consensus

 After negotiations are completed and consensus

is achieved amongst the international community
regarding procedures and actions, then the treaty
making process can begin.
 What is an International Treaty?
 An international treaty is any written agreement signed by
States or by international organizations.

 Signatories to treaties accept to follow certain rules and

obligations and also agree to take liabilities for any failure
on their part.

After the establishment of UN, countries enter into

treaties that are ratified by the United Nations – which
is the international organization designated special
powers by Member countries of the world to do so.
 What is a International Treaty?
 All modern international treaties, especially those entered upon
by member countries after 1969 are governed by international
rules as per the Vienna Convention on the Laws of Treaties
(VCLT). This convention forms the backbone of all
international treaties since then, and has been ratified by 111
member states of the world. The VCLT is referred to as the
Treaty of Treaties worldwide.

There is no effect on an international treaty if there is a

change in government in the country that is a part of the
treaty, as the provisions of the treaty have to be followed by
the new government irrespective of its policies.
 What is a International Treaty?
 A treaty is a formally concluded and ratified agreement between States. The
term is used generically to refer to instruments binding at international law,
concluded between international entities (States or organizations).

 Under the Vienna Conventions on the Law of Treaties, a treaty must be:

› (1) a binding instrument, which means that the contracting parties intended to create
legal rights and duties;

› (2) concluded by states or international organizations with treaty-making power;

› (3) governed by international law and

› (4) in writing
Key terms
 State party

 A ‘State party’ to a treaty is a country that has

ratified or acceded to that particular treaty, and is
therefore legally bound by the provisions in the
instrument.
 SIGNATURE
 Signature of a treaty is an act by which a State provides a
preliminary endorsement of the instrument.

 Signing does not create a binding legal obligation but

does demonstrate the State’s intent to examine the treaty
domestically and consider ratifying it.

 While signing does not commit a State to ratification, it

does oblige the State to refrain from acts that would
defeat or undermine the treaty’s objective and purpose.
 Ratification
 Ratification is an act by which a State signifies an agreement to be
legally bound by the terms of a particular treaty.

 To ratify a treaty, the State first signs it and then fulfils its own
national legislative requirements.

 Once the appropriate national organ of the country,

Eg. Parliament, follows domestic constitutional procedures and
makes a formal decision to be a party to the treaty, the instrument
of ratification – (a formal sealed letter referring to the decision
and signed by the State’s responsible authority), is then prepared
and deposited with the United Nations Secretary-General.
 ENTRY INTO FORCE

 A treaty does not enter into force when it is

adopted. Typically, the provisions of the treaty
determine the date on which the treaty enters
into force, often at a specified time following its
ratification or accession by a fixed number of
states.

 A treaty enters into force for those states which

gave the required consent.
 Deposit
 After a treaty has been concluded, the written
instruments which provide formal evidence of a
State’s consent to be bound are placed in the
custody of a depository.

 For e.g. - The texts of the Convention on the

Rights of the Child and its Optional Protocols
designated the Secretary-General of the
United Nations as their depository.
 Depository
 The depository:
› must accept all notifications and documents related to the treaty,

› examine whether all formal requirements are met,

› deposit them,

› register the treaty, and

› notify all relevant acts to the parties concerned.

Questions?