Treaty refers to a binding formal agreement, contract or other written instrument that establishes
obligations between two or more subjects of international law (primarily states and international
organizations1the rules concerning in the treaties between states are contained in vienna convention
on the law of treaties (1969), and those between states and international organizations appear in the
Vienna convention on the law of treaties between states and international organizations or between
inter organizations (1986).
How Treaties Function as Instruments of International Law
Treaties are formal agreements between sovereign states or international organizations that serve as
primary instruments of international law. They establish legally binding obligations and rights for the
parties involved, thereby facilitating cooperation and coordination on various issues such as trade,
security, environmental protection, and human rights.
International law, means is the law governing relations between states. What are the benefits of
international law
A treaty is defined under Article 2(1)(a) of the vienna convention on the law of treaties (VLCT) 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.
Types of Treaties.
Treates can be categorized based on the scope and purpose.
Bilateral Treaties, agreement between two parties. Example treaties between two countries.
Multilateral Treaties, agreement involving three or more parties. Example the Paris Agreement on
climate change.
Written Form: Treaties must be documented in writing, which can include texts agreed upon through
negotiation.
International Law: They are governed by international law, meaning they must adhere to established
legal principles recognized by the global community.
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Parties Involved: Treaties can involve two or more states or entities, and they may also include
provisions for third-party states or organizations.
Framework Treaties: These set out general principles and may require further agreements to implement
specific provisions (e.g., the United Nations Framework Convention on Climate Change).
3. The Process of Treaty Formation
The formation of a treaty typically involves several stages:
Negotiation: Representatives from the involved parties negotiate terms, often leading to a draft text.
Adoption: Once negotiations conclude, the draft is adopted by consensus or majority vote among
negotiating parties.
Signature: The treaty is signed by authorized representatives. Signature indicates an intention to ratify
but does not yet create binding obligations.
4. Ratification Process
Ratification is a crucial step that transforms a signed treaty into a legally binding instrument for the
parties involved. The process generally includes:
Domestic Approval: Each state must follow its constitutional procedures for ratification, which often
involves legislative approval. For example:
In the United States, treaties require a two-thirds majority in the Senate.
Other countries may have different requirements based on their legal systems.
Deposit of Instruments of Ratification: After domestic approval, states submit their instruments of
ratification to a designated depositary (often an international organization), officially confirming their
commitment to abide by the treaty’s terms.
Entry into Force: A treaty typically specifies when it enters into force—this could be immediately upon
ratification by all parties or after a specified number have ratified it.
5. Enforcement Mechanisms
Enforcement mechanisms for treaties vary widely depending on their nature and provisions:
Self-Enforcement: Many treaties rely on states to implement their obligations domestically through
national legislation.
Dispute Resolution Mechanisms: Some treaties include specific mechanisms for resolving disputes over
interpretation or implementation. This can involve arbitration panels or adjudication by international
courts like the International Court of Justice (ICJ).
Monitoring Bodies: Certain treaties establish monitoring bodies that oversee compliance and facilitate
reporting among member states (e.g., committees under human rights treaties).
Sanctions and Penalties: In cases where compliance fails, some treaties provide for sanctions or
penalties against non-compliant states.
In summary, treaties function as vital instruments of international law through structured processes that
encompass negotiation, ratification, and enforcement mechanisms designed to ensure adherence to
agreed-upon norms and standards among sovereign entities.
