Law of Treaties Simplified

Show Script: 

Ladies and Gentlemen! 

My name is Suyash, and I am the Internet’s new Law Teacher. 

Today, I will tell you what a Treaty is. 

Now, you might be thinking, 'Treaties? I already know what they are.' 

But hold on a moment! 

I am here to take your understanding to a whole new level.

In this show, I will be going beyond the basics and will help you unlock the secrets of the world of treaties and tell you the power they hold in shaping our world. 

So, friends, get ready for this enlightening journey, subscribe to my channel, hit that notification bell and be a part of our community of curious minds. 

By the way, have you ever wondered how two countries on the brink of war suddenly find a path to peace. How is such a monumental shift possible? The answer lies in the fascinating world of treaties. 

Think of treaties as the building blocks of international relations. They serve as the glue that brings nations together, enabling cooperation, resolving disputes, and addressing a wide range of issues that transcend borders. From matters of trade and commerce to human rights, environmental protection, and even disarmament, treaties provide a framework for collaboration and collective action.

So, what exactly is a treaty? 

At its core, a treaty is a formal agreement between two or more parties, typically countries, that establishes rights, obligations, and expectations among them. These agreements are binding and carry legal weight, playing a crucial role in international relations and shaping the world we live in. 

And names are mere formalities! 

Whether called an Agreement, Pact, Convention, Protocol, or Charter, the essence of treaties remains the same. 

So, never judge a treaty by its title and it is the substance of a treaty that matters. 

Did you know? When two nations engage, it's a Bilateral Treaty but when the party gets bigger, it's called a Multilateral treaty. 

Now, before moving further, you should know that there is an entire treaty that deals with the law of treaties. Amazing! Isn’t it? 

Well, Law of Treaties! 

What the heck is that? 

It is called the Vienna Convention of Law of Treaties (VCLT). 

Adopted in the year 1969, the VCLT has a rich historical significance and has emerged as a result of lengthy international legal discussions that took place for many years. It is divided into 8 parts and contains 85 articles. 

It is undoubtedly one of the most important treaties in the realm of International Law as: 

1. It codifies the various principles relating to treaties;
2. Helps in interpretation of new and existing treaties;
3. Facilitates peaceful resolution of disputes arising from breach of treaties;
4. It also promotes international cooperation among states by providing for principles for implementation of treaties; and
5. While doing all this, it also safeguards the sovereignty of states. It makes sure that the states have control over their treaty commitments. 

Thus, everything that is to know about the treaties is contained in VCLT.

 
Though the study of VCLT is a vast subject in itself, yet to dive a little bit deeper, I will tell you five key provisions of VCLT. 

First, Article 2 (1) (a) that defines treaties as an international agreement concluded between States in written form and governed by international law. 

Second, Article 26 that states that all the treaties must be observed and performed in good faith. This is called the principle of ‘Pacta Sunt Servanda’. To know more about Pacta Sunt Servanda, please watch my earlier episode on it. 

Third, Article 53 that talks about the principle of Jus Cogens which simply means a crucial rule that no country can ignore or break. It has been defined as a mandatory and non-derogable rule of International Law that is accepted and recognized by the international community. To know more about Jus Cogens, please watch my earlier episode on it. 

The fourth legal provision that you should know is Article 62 that talks about fundamental change in circumstances. Basically, if something occurs after signing a treaty that was not foreseen by the parties and that has to change the nature of responsibilities to be performed by the members in the treaty, then it is a fundamental change in circumstances and the parties can take it as a ground for withdrawing from or terminating the treaty. 

The last relevant provision of VCLT for you is Article 11 that talks about consent and its modes. Free will and free consent are considered very important in VCLT and countries cannot become party to a treaty without their express consent, that is to say, a treaty cannot be forced upon a state. 

Those were the five key provisions of VCLT and there is one more important provision Article 38(1)(a) of the Statute of the International Court of Justice that you should know. This provision has uplifted the status of treaties and it is now considered as one of the sources of International Law. So, if you want to create a new rule in international law, draft a treaty and get it signed by the countries. 

Now, you must be thinking that okay, once a country has entered into a treaty, that is it. That country has to live with that treaty for the rest of its life. Is such an understanding correct? No. 

When a country enters into a treaty, it should not be a suffocating relationship and generally speaking, there are four options, depending on the situation. They are:  
1. Reservations
2. Amendment or Modification
3. Invalidation
4. Termination

Let’s understand the meaning of these terms with examples. 

Imagine the Cricket World Cup is happening with teams from different countries. All countries agree to follow the rules of the tournament, one of which says that all players must wear red jerseys. There is one country A that does not agree to it. It makes a special request that since the national color of their country is Green, their players should be allowed to wear green jerseys. This is what is meant by ‘Reservation’. It is a special request or a unilateral statement at the time of signing of a treaty whereby a member-state may modify a treaty provision as a special case.
Imagine two countries, A and B, enter into a treaty to protect Elephants and Tigers. The treaty works out fine; however, later on, the countries realize that it is also important to protect rhinoceros. So, they sit together and change the terms of the treaty to include protection of Rhinoceros in it. This is what is meant by amendment or modification in a treaty. 

Now again imagine that two countries A and B enter into another treaty to share water from a river that flows between their borders. They agree to use the water responsibly and not pollute it. However, if Country A starts dumping harmful chemicals into the river, it would violate the terms of the treaty and make it invalid. 
Now, again Imagine "Country A" and "Country B" sign a treaty to promote free trade and eliminate tariffs/taxes on imported goods. However, if Country B imposes high tariffs or taxes on Country A's products, it could lead to the termination of the treaty. In this case, Country A may choose to terminate the treaty to protect its economic interests and explore new trade agreements with countries that prioritize fair and open trade practices.

That was all about reservation, amendment, invalidation and termination of treaties. Lastly, you should know that there are many case-laws that discuss about the law of treaties such as Qatar v. Baharin (2001), Application of the Genocide Convention (Bosnia and Herzegovina v. Serbia and Montenegro), Anglo-French Continental Shelf case, Belilos v. Switzerland (1980) and the Rainbow Warrior case. 

Well, the Law of Treaties is a vast subject in itself and if I started going into its details, it would take hours and hours. What I have told you is Treaty 101 i.e., the basics of treaties. Let me know in the comments section if you want me to record more episodes on treaties. 

Stay curious and see you next time.