Current International Treaties

T B Millar

• Publisher: Routledge
• Year: 2015
• ISBN:
  9781317367840
• Edition: 1
• Topic: Politics & International Relations
• Subtopic: International Relations
• Index: Politics & International Relations

This volume comprises the texts of the main international treaties which formed the legal skeleton of international relations during the 1980s, with details of signatories and amendments and a commentary on the general and particular situations to which they apply.

The treaties are grouped broadly by subject, and chronologically within each subject group which range from political, security and economic agreements to those dealing with human rights.

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Chapter 1
The Conventions of International Diplomacy

Diplomacy, as defined in Sir Ernest Satow's Guide to Diplomatic Practice,¹ is the conduct of business between states by peaceful means, and the application of intelligence and tact to that process.

Conventions and rules governing international discourse have evolved over many centuries. Governments, even more than people, need such procedures; for whereas people can normally avoid speaking to or dealing with one another if they are so determined, governments in these times of functional interdependence can rarely do so, and usually only to their own disadvantage. Good manners, civility, politeness, agreed forms—all oil the wheels of international relations.

The principal conventions governing treaties, diplomatic practice, and consular relations (protecting in one State the interests of another and of its nationals, both individuals and corporate bodies) are themselves contained in treaties and are part of the fabric of international law. Signatory states—and even non-signatory states, as a matter of form or convenience—are expected to honour them. Occasionally that does not happen: a treaty is abrogated, an embassy burned down, diplomats maltreated. A revolutionary regime or an angry government may act in defiance of all protocol and regardless of cost. The state to which offence is given may retaliate; or it may not, out of its own sense of propriety or because retaliation might only make things worse.

Nevertheless, for the most part governments do accept the conventions, which are contained in the following three documents. The first, the key agreement to this volume, is given in full; the others are somewhat abbreviated.

Vienna Convention on the Law of Treaties*

The States Parties to the present Convention,

Considering the fundamental role of treaties in the history of international relations,

Recognizing the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful cooperation among nations, whatever their constitutional and social systems,

Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are universally recognised,

Affirming that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law,

Recalling the determination of the peoples of the United Nations to establish conditions under which justice and respect for the obligations arising from treaties can be maintained,

Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,

Believing that the codification and progressive development of the law of treaties achieved in the present Convention will promote the purposes of the United Nations set forth in the Charter namely, the maintenance of international peace and security, the development of friendly relations and the achievement of co-operation among nations,

Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention,

Have agreed as follows:

Part 1 Introduction

Article 1 Scope of the present Convention

The present Convention applies to treaties between States.

Article 2 Use of terms

1. For the purposes of the present Convention:

1. "treaty" means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;
2. "ratification", "acceptance", "approval" and "accession" mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty;
3. "full powers" means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty;
4. "reservation" means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State;
5. "negotiating State" means a State which took part in the drawing up and adoption of the text of the treaty; (f) "contracting State" means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force;
6. "party" means a State which has consented to be bound by the treaty and for which the treaty is in force;
7. "third State" means a State not a party to the treaty;
8. "international organization" means an intergovernmental organization.

2. The provisions of paragraph 1 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State.

Article 3 International agreements not within the scope of the present Convention

The fact that the present Convention does not apply to international agreements concluded between the States and other subjects of international law or between such other subjects of international law, or to international agreements not in written form, shall not affect:

1. the legal force of such agreements;
2. the application to them of any of the rules set forth in the present Convention to which they would be subject under international law independently of the Convention;
3. the application of the Convention to the relations of States as between themselves under international agreements to which other subjects of international law are also parties.

Article 4 Non-retroactivity of the present Convention

Without prejudice to the application of any rules set forth in the present Convention to which treaties would be subject under international law independently of the Convention, the Convention applies only to treaties which are concluded by States after the entry into force of the present Convention with regard to such States.

Article 5 Treaties constituting international organizations and treaties adopted within an international organization

The present Convention applies to any treaty which is the constituent instrument of an international organization and to any treaty adopted within an international organization without prejudice to any relevant rules of the organization.

Part II Conclusion and Entry into Force of Treaties

Section 1: Conclusion of Treaties

Article 6 Capacity of States to conclude treaties

Every State possesses capacity to conclude treaties.

Article 7 Full powers

1. A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:

1. he produces appropriate full powers; or
2. it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.

2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State:

1. Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts relating to the conclusion of a treaty;
2. heads of diplomatic missions, for the purpose of adopting the text of a treaty between the accrediting State and the State to which they are accredited;
3. representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.

Article 8 Subsequent confirmation of an act performed without authorization

An act relating to the conclusion of a treaty performed by a person who cannot be considered under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State.

Article 9 Adoption of the text

1. The adoption of the text of a treaty takes place by the consent of all the States participating in its drawing up except as provided in paragraph 2.

2. The adoption of the text of a treaty at an international conference takes place by the vote of two thirds of the States present and voting, unless by the same majority they shall decide to apply a different rule.

Article 10 Authentication of the text

The text of a treaty is established as authentic and definitive:

1. by such procedures as may be provided for in the text or agreed upon by the States participating in its drawing up; or
2. failing such procedure, by the signature, signature ad referendum or initialling by the representatives of those States of the text of the treaty or of the Final Act of a conference incorporating the text.

Article 11 Means of expressing consent to be bound by a treaty

The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.

Article 12 Consent to be bound by a treaty expressed by signature

1. The consent of a State to be bound by a treaty is expressed by the signature of its representative when:

1. the treaty provides that signature shall have that effect;
2. it is otherwise established that the negotiating States were agreed that signature should have that effect; or
3. the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation.

2. For the purposes of paragraph 1:

1. the initialling of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed;
2. the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a full signature of the treaty.

Article 13 Consent to be bound by a treaty expressed by an exchange of instruments constituting a treaty

The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when;

1. the instruments provide that their exchange shall have that effect; or
2. it is otherwise established that those States were agreed that the exchange of instruments should have that effect.

Article 14 Consent to be bound by a treaty expressed by ratification, acceptance or approval

1. The consent of a State to be bound by a treaty is expressed by ratification when:

1. the treaty provides for such consent to be expressed by means of ratification;
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Table of contents

• Cover
• Half Title
• Title
• Copyright
• Original Title
• Original Copyright
• Contents
• Preface
• Abbreviations
• Introduction
• 1. The Conventions of International Diplomacy
• 2. Global Political Institutions
• 3. Economic Treaties
• 4. Regional Agreements
• 5. The Control of Nuclear Weapons
• 6. Security Treaties
• 7. Human Rights
• Appendix A: Signatories to multilateral instruments in this volume
• Appendix B: Bilateral treaties in this volume
• Index