Treaty
A treaty is a formal, legally binding written agreement concluded by sovereign states in international law.[1][2] International organizations can also be party to an international treaty.[1]
This article is about an agreement valid in the scope of international law entered into by countries in international law. For other uses, see Treaty (disambiguation).
A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law.[3] Treaties vary in their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules).[4][5]
Treaties are among the earliest manifestations of international relations; the first known example is a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC.[6] International agreements were used in some form by most major civilizations, and became increasingly common and more sophisticated during the early modern era.[7] The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by the widespread use of treaties. The 1969 Vienna Convention on the Law of Treaties codified these practices and established rules and guidelines for creating, amending, interpreting, and terminating treaties, and for resolving disputes and alleged breaches.[8][9]
Treaties are roughly analogous to contracts in that they establish the rights and binding obligations of the parties.[10][11] They vary significantly in form, substance, and complexity and govern a wide variety of matters, such as security, trade, environment, and human rights. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). They may also be used to establish international institutions, such as the International Criminal Court and the United Nations, for which they often provide a governing framework. Treaties serve as primary sources of international law and have codified or established most international legal principles since the early 20th century.[12]
Notwithstanding the Law of Treaties and customary international law, treaties are not required to follow any standard form.[12] Nevertheless, all valid treaties must comply with the legal principle of pacta sunt servanda (Latin: "agreements must be kept"), under which parties are committed to perform their duties and honor their agreements in good faith. A treaty may also be invalidated, and thus rendered unenforceable, if it violates a preemptory norm (jus cogens), such as permitting a war of aggression or crimes against humanity.[13]
Ending treaty obligations[edit]
Withdrawal[edit]
Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification. For example, the Single Convention on Narcotic Drugs provides that the treaty will terminate if, as a result of denunciations, the number of parties falls below 40. Many treaties expressly forbid withdrawal. Article 56 of the Vienna Convention on the Law of Treaties provides that where a treaty is silent over whether or not it can be denounced there is a rebuttable presumption that it cannot be unilaterally denounced unless:
Cartels ("Cartells", "Cartelle" or "Kartell-Konventionen" in other languages) were a special kind of treaty within the international law of the 17th to 19th centuries.[30][31][32][33] Their purpose was to regulate specific activities of common interest among contracting states that otherwise remained rivals in other areas. They were typically implemented on an administrative level. Similar to the cartels for duels and tournaments, these intergovernmental accords represented fairness agreements or gentlemen's agreements between states.
In the United States, cartels governed humanitarian actions typically carried out by cartel ships were dispatched for missions, such as to carry communications or prisoners between belligerents.[34]
From the European history, a broader range of purposes is known. These "cartels" often reflected the cohesion of authoritarian ruling classes against their own unruly citizens. Generally, the European governments concluded - while curbing their mutual rivalries partially - cooperation agreements, which should apply generally or only in case of war:[35]
The measures against criminals and unruly citizens were to be conducted regardless of the nationality and origin of the relevant persons. If necessary, national borders could be crossed by police forces of the respective neighboring country for capture and arrest. In the course of the 19th century, the term "cartel" (or "Cartell") gradually disappeared for intergovernmental agreements under international law. Instead, the term "convention" was used.