Материал: Гольцева О.Ю. Международное право в официальных документах. Под ред. И.А. Горшеневой

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PART II. INTERNATIONAL OFFICIAL DOCUMENTS

LESSON 5

TREATIES AND CONVENTIONS Starting up

Read the definitions of “treaty” below. Which definition do you consider to be more appropriate? Why?

a)A treaty is an agreement in written form between na- tion-states (or international agencies, such as the United Nations, that have been given treaty-making capacity by the states that created them) that is intended to establish a relationship governed by International Law.

b)A treaty is a compact made between two or more independent nations with a view to the public welfare treaties are for perpetuity, or for a considerable time. Those matters which are accomplished by a single act, and are at once perfected in their execution, are called agreements, conventions and pacts.

Exercise 1. Read the text.

Treaties and Conventions

A Treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. Treaties can be compared to contracts: both are means of willing parties assuming obligations among themselves, and a party that fails to live up to their obligations can be held liable under international law for that breach. The central principle of treaty law is expressed in the maxim pacta sunt servanda –"pacts must be respected".

In international law and diplomatic practice the term "treaty" is used in two senses. In a generic sense, it refers to all agreements between states which are of a binding

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character, and in a restricted sense it refers to a title given to instruments containing such international agreements.

Instruments setting out agreements between states bear different titles, such as Treaty, Agreement, Convention, Protocol, Act, Declaration, Statute, Regulations, Provisions, Pact, Covenant, Compromise, Accord, Arrangements, Modus Vivendi, Exchange of Notes and Concordat. It is, however, not obligatory to give a title to an international agreement, as agreements can be concluded even by exchange of letters or notes. In diplomatic literature, the terms "treaty", "convention", and "protocol" are all applied more or less indiscriminately to international agreements. International law prescribes neither the form nor the procedure for making of international engagements, and consequently their form depends upon the will and convenience of the parties.

The binding nature of treaty obligations is the oldest and doubtless the most fundamental rule of international law. Of all international engagements which are intended to have an obligatory character the most important are "treaties", the term being derived from the French trailer, which means "to negotiate".

The next type of international engagement is the "convention", derived from the Latin word conventio meaning "agreement". This term is frequently, though not necessarily, employed in connection with agreements to which a large number of countries are parties, and especially to agreements of the law-making type.

A multilateral treaty has several differences establishing rights and obligations between each party and every other party. Multilateral treaties are often, but not always, open to any state; others are regional. Bilateral treaties by contrast are negotiated between a limited number of states, most commonly only two, establishing legal rights and obligations between those two states only.

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Exercise 2. Cover the text above and fill in the appropriate prepositions.

1.A Treaty is an agreement ___ international law entered ___ actors ___ international law.

2.A party that fails ___ live up ___ their obligations can be held liable ___ international law ___ that breach.

3.___ a generic sense, the term "treaty" refers ___ all agreements ___ states which are ___ a binding character.

4.It is not obligatory to give a title ___ an international agreement, as agreements can be concluded even ___ exchange ___ letters or notes.

5.International engagements and their form depends

___ the will and convenience ___ the parties.

6.The term "convention" is frequently employed ___

connection ___ agreements ___ which a large number ___

countries are parties.

7.Multilateral treaties are often open ___ any state; bilateral treaties ___ contrast are negotiated ___ a limited number ___ states.

Exercise 3. Suggest the Russian equivalents.

TREATY

a multilateral treaty, a unilateral treaty, a collective treaty, a commercial treaty, a demarcation treaty, an (in)equitable treaty, a binding treaty, a trade treaty, a treaty of cession, a non-proliferation treaty, a treaty of mutual security, a treaty of neutrality, breach of the treaty, the coming of a treaty into force, a boundary treaty, peace treaty, a treaty of commerce and navigation, denunciation of a treaty, a treaty of unlimited duration, a treaty of alliance, a basic treaty, a non-aggression treaty, a treaty of friendship, cooperation and mutual assistance, the substantive articles of a treaty, Strategic Offensive Arms Limitation treaty, prolongation of a treaty renunciation of a treaty.

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Exercise 4. Study these word combinations and make up sentences of your own.

to accede to/ to sign/ to conclude/ to enter into to initial/ to ratify/ to adhere to/ to observe

to denounce/ to renounce/ to violate/ TREATY to terminate/ to withdraw from

to prolong/ to extend the validity of to render … invalid

Exercise 5. Match these terms with their definitions.

Exercise 6. Answer these questions.

1.What is a Treaty?

2.What does the term "treaty" imply in a generic and a restricted sense?

3.What are the titles given to international agreements?

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4.What is the oldest and the most fundamental rule of international law?

5.Do you know the origin of the terms "treaty" and "convention"?

6.Is there any difference in use of the terms "treaty" and "convention"?

7.Are there any differences between multilateral and bilateral treaties?

Exercise 7. Read this text and answer these questions.

1.What is the way for adding a treaty?

2.How are existing treaties amended?

Adding and amending treaty obligations

Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are a unilateral statement purporting to exclude or to modify the legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification – a party cannot add a reservation after it has already joined a treaty.

Originally, international treaty reservations were unacceptable. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. When a state limits its treaty obligations through reservations, other states party to that treaty have the option to accept those reservations, object to them, or object and oppose them.

There are three ways an existing treaty can be amended. First, formal amendment requires States parties to the treaty to go through the ratification process all over again.

Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical, or administrative (not principled changes).

Finally, a change in customary international law (state behavior) can also amend a treaty, where state behavior evinces a new interpretation of the legal obligations under