5.2 Researching International Treaties and Agreements

International treaties form the backbone of global legal cooperation. This section guides you through accessing and interpreting these crucial documents. You'll learn where to find treaties, how to understand their language, and what factors affect their legal status.

Navigating treaty obligations can be tricky. We'll explore how reservations and declarations impact a country's commitments. Understanding these nuances is key to grasping the complex world of international agreements and their real-world applications.

Accessing International Treaties

United Nations Treaty Collection

Top images from around the web for United Nations Treaty Collection

• 

  File:UN Treaty Series - vol 784.pdf - Wikimedia Commons View original

  Is this image relevant?

• 

  File:UN Treaty Series - vol 36.pdf - Wikimedia Commons View original

  Is this image relevant?

• 

  File:UN Treaty Series - vol 650.pdf - Wikisource, the free online library View original

  Is this image relevant?

• 

  File:UN Treaty Series - vol 784.pdf - Wikimedia Commons View original

  Is this image relevant?

• 

  File:UN Treaty Series - vol 36.pdf - Wikimedia Commons View original

  Is this image relevant?

1 of 3

Top images from around the web for United Nations Treaty Collection

• 

  File:UN Treaty Series - vol 784.pdf - Wikimedia Commons View original

  Is this image relevant?

• 

  File:UN Treaty Series - vol 36.pdf - Wikimedia Commons View original

  Is this image relevant?

• 

  File:UN Treaty Series - vol 650.pdf - Wikisource, the free online library View original

  Is this image relevant?

• 

  File:UN Treaty Series - vol 784.pdf - Wikimedia Commons View original

  Is this image relevant?

• 

  File:UN Treaty Series - vol 36.pdf - Wikimedia Commons View original

  Is this image relevant?

1 of 3

• Primary source for locating the full text of multilateral treaties deposited with the UN Secretary-General
• Includes the United Nations Treaty Series (UNTS) which contains:
  • Complete text of treaties in their authentic language(s)
  • Translations into English and French

Bilateral Treaties and Agreements

• Researchers can consult the official treaty series or publications of the countries involved
• In the United States, this includes:
  • Treaties and Other International Acts Series (TIAS)
  • United States Treaties and Other International Agreements (UST)

Online Databases

• Provide access to a wide range of international treaties and agreements
• Examples include:
  • HeinOnline's World Treaty Library
  • Westlaw's International Materials
  • LexisNexis' International Legal Materials

Locating Authoritative Versions

• Important to locate the most authoritative and up-to-date version of the full text
• Take into account any amendments, protocols, or other modifications to the original treaty

Interpreting Treaty Language

Vienna Convention on the Law of Treaties (VCLT)

• Provides a framework for interpreting treaty language
• Interpretation should be in accordance with:
  • The ordinary meaning of the terms
  • The context of the terms
  • The treaty's object and purpose

Context for Interpretation

• The preamble, annexes, and any agreements or instruments made in connection with the treaty's conclusion are considered part of the treaty's context
• Subsequent agreements between the parties and subsequent practice in the treaty's application are also taken into account
• Relevant rules of international law are considered

Supplementary Means of Interpretation

• Can be used to confirm the meaning derived from the general rule of interpretation or to determine the meaning when it remains ambiguous, obscure, or leads to a manifestly absurd or unreasonable result
• Examples include:
  • The preparatory work (travaux préparatoires)
  • The circumstances of the treaty's conclusion

Careful Analysis Required

• Interpreting treaty language requires careful analysis of:
  • The specific terms used
  • Their context within the treaty as a whole
  • The treaty's overall purpose and objectives

Treaty Status and Enforceability

Factors Affecting Legal Status

• Entry into force of the treaty
• Number of parties to the treaty
• Reservations or declarations made by states

Entry into Force

• A treaty enters into force when the conditions specified in the treaty itself are met
• Typically occurs after a certain number of states have ratified or acceded to it
• The treaty's provisions determine its application between the parties

Incorporation into Domestic Law

• The enforceability of a treaty depends on its incorporation into the domestic legal systems of the parties
• Monist systems automatically incorporate treaties into domestic law upon ratification
• Dualist systems require implementing legislation to give treaties domestic effect

Dispute Resolution Mechanisms

• Many treaties establish their own dispute resolution mechanisms to address disputes between parties concerning the treaty's interpretation or application
• Examples include:
  • The International Court of Justice (ICJ)
  • Arbitration tribunals

Reservations vs Treaty Obligations

Unilateral Statements

• Reservations, declarations, and understandings are unilateral statements made by states that can affect the scope and application of treaty obligations
• Reservations purport to exclude or modify the legal effect of certain treaty provisions in their application to the reserving state
• Declarations clarify a state's position or interpretation of certain provisions but do not have the same legal consequences as reservations
• Understandings are similar to interpretative declarations and clarify a state's interpretation of certain treaty provisions or address domestic legal or political concerns

Admissibility of Reservations

• The admissibility of reservations depends on:
  • The treaty's provisions
  • Whether the reservation is compatible with the treaty's object and purpose
• Other parties to the treaty can object to a reservation if they consider it impermissible
  • This may preclude the entry into force of the treaty between the reserving and objecting states, depending on the objection's nature and the treaty's provisions

Impact on Treaty Obligations

• The impact of reservations, declarations, and understandings on treaty obligations depends on:
  • Their specific content
  • The reactions of other parties
  • The treaty's provisions on reservations and dispute resolution
• Researchers must carefully examine these statements and their potential effects on the scope and application of the treaty obligations for the states concerned