The Vienna Convention on the Law of Treaties (VCLT), 1969 codifies the customary rules governing international agreements written between states.
1. Definition and Creation of Treaties
Under Article 2, a treaty is an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or two or more related instruments.
Steps to Conclude a Treaty:
- Negotiation and Adoption of text.
- Signature (Expresses intent, but does not bind the state unless the treaty specifies).
- Ratification: The formal domestic executive approval and deposit of instruments of ratification, which establishes the state's consent to be bound.
2. Pacta Sunt Servanda (Article 26)
📜 Art 26 VCLT: Pacta Sunt Servanda
Every treaty in force is binding upon the parties to it and must be performed by them in good faith. Article 27 adds that a party cannot invoke its internal municipal law as a justification for failing to perform a treaty.
Every treaty in force is binding upon the parties to it and must be performed by them in good faith. Article 27 adds that a party cannot invoke its internal municipal law as a justification for failing to perform a treaty.
3. Doctrine of Reservation (Articles 19-21)
A unilateral statement made by a state when signing or ratifying a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state.
- Reservations are allowed unless prohibited by the treaty, or if they are incompatible with the object and purpose of the treaty (*Advisory Opinion on Genocide Convention*).
4. Termination of Treaties
A treaty may be terminated or suspended under these valid grounds:
- Material Breach (Article 60): A repudiation of the treaty or violation of an essential provision allows other parties to suspend or terminate it.
- Supervening Impossibility (Article 61): Permanent disappearance or destruction of an object indispensable for the execution of the treaty.
- Rebus Sic Stantibus (Article 62): A fundamental, unforeseen change of circumstances which constituted an essential basis of consent, making performance radically different from what was originally undertaken.