Katana VentraIP

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:

escaped serfs and criminals were to be mutually extradited.

Deserters

should be handed out according to rank in different exchange ratios.

Prisoners of war

The maintenance of and commercial traffic including the entry and exit of couriers should be guaranteed in the fields of communication and transport.

postal

" cartels" ("Zollkartelle") and "coin cartels" ("Münzkartelle") were "regulatory" agreements between Continental-European states in the 19th century.

Customs

Against and counterfeiters, a joint action approach was adopted by the governments contracting on international trade treaties. The latter often contained the relevant "cartel" regulations in their annexes.

smugglers

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.

Treaties of Peace and Neutrality (1701–1760)

[57]

Peace and Friendship Treaties (1725–1779)

[57]

Upper Canada Land Surrenders and the (1764–1862/1923)[58]

Williams Treaties

Robinson Treaties and Douglas Treaties (1850–1854)

[59]

The (1871–1921)[60][56]

Numbered Treaties

Bilateral treaty

Multilateral treaty

Peace treaty

Treaty of Friendship

Foedus

Jus tractatuum

List of intergovernmental organizations

List of treaties

(feudal Scottish Clan treaty)

Manrent

Supranational union

Treaty ratification

Vienna Convention on the Law of Treaties

Bianchi, Andrea; Zarbiyev, Fuad (2024). Demystifying Treaty Interpretation. Cambridge University Press.

Branch, Government of Canada; Indigenous and Northern Affairs Canada; Communications (2008-11-03). "Treaties and agreements". www.rcaanc-cirnac.gc.ca. Retrieved 2021-02-05.

Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921–1922. (1922). Korea's Appeal to the Conference on Limitation of Armament. Washington: U.S. Government Printing Office.  12923609

OCLC

Miller, James Rodger (2009-01-01). Compact, Contract, Covenant: Aboriginal Treaty-making in Canada. University of Toronto Press.  978-0-8020-9741-5

ISBN

. (1936). Diplomacy, 1st ed. Oxford: Oxford University Press. OCLC 502863836

Nicolson, Harold

Seah, Daniel. Asian Journal of International Law (2015)

"Problems Concerning the International Law-Making Practice of ASEAN: A Reply to Chen Zhida"

. (1977). International Law, 1st ed. Sevenoaks, Kent: Hodder and Stoughton. OCLC 637940121

Shaw, Malcolm Nathan

Simpson, Leanne (2008). "Looking after Gdoo-naaganinaa: Precolonial Nishnaabeg Diplomatic and Treaty Relationships". Wíčazo Ša Review. 23 (2): 29–42. :10.1353/wic.0.0001. ISSN 1533-7901

doi

"From Contract to Legislation: The Logic of Modern International Lawmaking" 14 Chicago Journal of International Law 559 (2014), available at From Contract to Legislation: The Logic of Modern International Lawmaking.

Timothy L. Meyer

Treaties and Selected other International Instruments – Resources

United Nations Treaty Collection

on The Guide to Practice on Reservations to Treaties in the Historic Archives of the United Nations Audiovisual Library of International Law

Procedural history and related documents

on the Articles on the Effects of Armed Conflicts on Treaties in the Historic Archives of the United Nations Audiovisual Library of International Law

Procedural history and related documents

from UCB Libraries GovPubs

Treaties

at the European Union

Treaties Office