LLB343 Lecture 4: LAW of TREATIES II
SEMINAR WEEK 4 –
TOPIC 3 – THE LAW OF TREATIES:
LAW OF TREATIES:
Covered by customary law until 1969
oUN then began work on codification
ILC produced draft treaty at a UN Conference in 1969
oAmendments were made at the convention
oOpened for signature in 1969
Article 84 – becomes binding on signatory states when 25 states have signed
Didn’t occur until 1980
Applies only to treaties enacted post-1980s
Prior treaties are under customary law
Changes to the relationship between custom and treaty
oFor the most part it encapsulates customary law
oIncluded new provisions
Consider Preamble
Additional purpose of progressive development
Generate new rules of custom (especially if non-signatories follow the
custom)
Seen in North Sea Continental Shelf
oNew provisions are presumptive evidence of emerging customary law
oAnything not in the convention is covered by custom
Article 1 – Convention applies only to states
oDoes not apply to individuals or international organisations
Due to difficulties with explaining the law of treaties between states, and
between international organisations or states and international organisations
Two extra treaties were created
1986 Convention for International Organisations – not in force
Article 2(1)(a) – defines treaty: ELEMENTS
oBetween states; and
oWritten form; and
oRegardless of its type or title; and
oGoverned by international law
There may be one or more connected instruments
Conclusion of treaties
oDraft terms were implemented
Agreement – Article 11
oOccurs by consent
oPrimary means:
Signature alone (Article 12); or
Means signature alone is binding
oAnd i
oHistorical basis – difficulties with communication
Ratification (Article 14)
TWO-FOLD process:
oSignature
oRatification
Used in the US and Australia
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Covered by customary law until 1969: un then began work on codification. Ilc produced draft treaty at a un conference in 1969: amendments were made at the convention, opened for signature in 1969. Article 84 becomes binding on signatory states when 25 states have signed. Changes to the relationship between custom and treaty: for the most part it encapsulates customary law, included new provisions. Generate new rules of custom (especially if non-signatories follow the custom) Seen in north sea continental shelf: new provisions are presumptive evidence of emerging customary law, anything not in the convention is covered by custom. Article 1 convention applies only to states: does not apply to individuals or international organisations. Due to difficulties with explaining the law of treaties between states, and between international organisations or states and international organisations. 1986 convention for international organisations not in force.
