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LAW 724 (16)
Chapter 1

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Ryerson University
Law and Business
LAW 724
Alyssa Brierley

Chapter 1: International Organizations and Int’l Law Privity of contractyou must be a party to the agreement to enforce your contractual rights Nations enter o Nations DO NOT enter into contracts with each other, Nations enter into treaties into treaties NOT contracts o A TREATY is a binding agreement between two+more states o CONVENTION – binding agreement among states w/ involvement of international organization Process of treaty Step 1: Negotiate terms of treaty by representatives of National government creation Step 2: Draft text MAY OR MAY NOT be signed o Signature of treaty DOES NOT result in a legally binding obligation o It means that a country commits not to undermine (weaken)the principles of treaty Step 3: Ratification: Required by participating countries to take effect o Must be done by appropriate organ of state (ex-parliament, senate, crown) a treaty to have legal effect, it must not only be signed but also be ratified. Self-executing v. Self-executing: non self- executing treaty o Judicially enforceable upon ratification  Does not require implementing legislation to have effect in domestic law Non-self: o Judicially enforceable through “implementation of legislation” o A change in domestic law of a state party will enable it to fulfill treaty obligations *** If a treaty requires implementing legislation, a state may be in default of its treaty obligations if it fails to pass domestic laws. Solution: Change domestic laws to conform to obligations*** Contract v. treaty Contract vs. treaty o Contract = definite term, termination date o Treaty=indefinite term, no termination date Requirements of • Requirements of a Treaty (Articles 2 & 3) a treaty (Articles 2&3) – An international agreement – Parties must be subjects of international law – Intent to create binding obligations – Governed by international law Canada v.US Canada: treaty making o Canada: Treaty making authority = federal gov’t authority  Non self-executing, requires legislative action  Division of powers  Section 91= fed gov’t enacts legislation  Section 92=prov. Gov’t enacts legislation, if issues are w/ prov. Gov’t- example labor standards, education – fed gov’t will consult w/ the provinces.federal govt may negotiate a clause w/ provi. Agreeing that treaty applies only to provinces that have committed themselves to implementing the treaty. United States Reservation = no o United States obligation if in violation of U.S. constitution o When negotiating a treaty US requires a RESERVATION – assume no obligation that are in violation of US constitution o President has power but needs 2/3 consent of senate Sovereignty=self o Limit a national gov’ts ability to implement domestic policies that conflict w/ international determination obligations Sovereignty includes: o Exclusive control of state territory o Control over population o Other aspects of domestic affairs (e.g. duty not to intervene in the affairs of other states) (UN Charter Article 2) United Nations + 1. The Organization is based on the principle of the sovereign equality of all its Sovereignty Members. 2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter. 3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All
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