Atty. Emerito I.

Enginco
Public International Law
1. Definition
Public International Law is the body of principles, rules and customs
governing the mutual relations of states and others which are considered
international persons (Jose M. Aruego, International Law reviewer, 1975)
-International Law consists of rules and principles of general application
dealing with the conduct of states and with intergovernmental organizations
and with their relations inter se as well as with some of their relations with
persons, whether natural or juridical, (Mckeever, Columbia Law School, 2003)
2. International Law a real Law?
Not a real Law? Because:
1. Lack in enforcement mechanism
2. Compliance is dictated only by the national interest of the state
3. International law cannot be made binding upon a state without its consent.
Real Law? Because:
1. Non complying state will suffer repercussions such as sanctions and
isolation from the International Community
3. Nations Comply with International Law because
1. Reciprocity
2. Pacta Sunt Servanda (Agreements must be kept)
4. Nine Functions of International Law (DEF G(3) P(2) RU
1. Defines the very existence of States
2. Establishes rules for the operation of International Commerce
3. Facilitates Cooperation
4. Governs International Agreements
5. Governs Individual Human Rights
6. Gives Structure (in International Relations)
7. Provides the framework for diplomatic relations

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8. Provides framework for parties (the actors in international law)

expectations
9. Regulates protection of the Global Environment
10. Use of air, land, sea and other Global Resources
4. Sources of International Law
Article 38 of Statute of the International Court of Justice
1. The Court, whose function is to decide in accordance with international law such disputes as
are submitted to it, shall apply:
a. international conventions, whether general or particular, establishing rules expressly
recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly
qualified publicists of the various nations, as subsidiary means for the determination of rules of
law.
Opinio Juris Sive Necessitates an action is carried out or a certain pratice is followed on the
belief that it is a legal obligation
International Legal Theories
1. Natural Law
2. Eclectic Theory
3. Legal Positivism
General Classification of PIL. As to their contents:
International Law of:
1. Peace 2. War 3. Neutrality
As to their binding force:
1. General Law of nations
2. Customary Law of nations
3. Conventional Law of nations

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Article 2 of Sec. 2 of the 1987 Constitution AKA Doctrine of Incorporation

Paquete Habana Case: Fishing Vessel seized and auctioned of as prize of war, Challenged on the
ground that fishing vessels enjoyed immunity from capture.
Jurisprudence: International Law is part of Domestic Law. In the absence of Executive or
Legislative acts or Judicial Decisions, resort must be made to customs and usage of civilized
nations
Result: A customary International Law was given the effect of a domestic law
Article 38 of the SICJ - 2. This provision shall not prejudice the power of the Court to decide a
case ex aequo et bono, if the parties agree thereto.
By what is good and just.

Treaties
1. Definition
- A treaty is an agreement which establishes the right and obligations of the parties, entered into
by the actors in international law, namely the sovereign states and international organizations.
2. Elements of a Valid Treaty
1. The parties must have capacity to contract
2. The agents must be duly empowered to act in behalf of the states
3. There must be freedom of consent
4. The object must be in conformity with International Law
EO 459 series of 1997
SEC. 2. Definition of Terms.
a. International agreement shall refer to a contract or understanding, regardless of
nomenclature, entered into between the Philippines and another government in written form and
governed by international law, whether embodied in a single instrument or in two or more related
instruments.
b. Treaties international agreements entered into by the Philippines which require legislative
concurrence after executive ratification. This term may include compacts like conventions,
declarations, covenants and acts.

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c. Executive Agreements similar to treaties except that they do not require legislative
concurrence.
Principles of International Law
1. Pacta Sunt Servanda Pacts must be respected, it is a principle which states that treaty

obligations must be complied with in good faith

Article 26 Pacta Sunt Servanda Vienna Convention on the Law of Treaties
Every treaty in force is binding upon the parties to it and must be performed by
them in good faith.
2. Jus Cogens

Article 53 Treaties Conflicting with A Peremptory Norm of General

International Law (Jus Cogens)
A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm
of general international law. For the purposes of the present Convention, a
peremptory norm of general international law is a norm accepted and recognized by
the international community of States as a whole as a norm from which no
derogation is permitted and which can be modified only by a subsequent norm of
general international law having the same character.
3. Rebus Sic Stantibus

Article 62 Fundamental Change of Circumstances

1. A fundamental change of circumstances which has occurred with regard to those existing
at the time of the conclusion of a treaty, and which was not foreseen by the parties, may not
be invoked as a ground for terminating or withdrawing from the treaty unless:
(a) the existence of those circumstances constituted an essential basis of the consent of
the parties to be bound by the treaty; and
(b) the effect of the change is radically to transform the extent of obligations still to be
performed under the treaty.
2. A fundamental change of circumstances may not be invoked as a ground for terminating
or withdrawing from a treaty:
(a) if the treaty establishes a boundary; or
(b) if the fundamental change is the result of a breach by the party invoking it either of
an obligation under the treaty or of any other international obligation owed to any other
party to the treaty.
3. If, under the foregoing paragraphs, a party may invoke a fundamental change of
circumstances as a ground for terminating or withdrawing from a treaty it may also invoke
the change as a ground for suspending the operation of the treaty.

Elements:
1. Change is fundamental in character
2. Change is unforeseen

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3. Change is the essential basis for consent

4.Radically transforms the obligations of the invoking party
5. Obligations are unfulfilled
4. Most Favored Nation Clause advantages are granted to the parties, similarly
conferred or which would be conferred upon third persons
5. Most Favored Nation Treatment Rights and Privileges are granted to the
nationals of the signatories which are granted to the national of a third state
whether signatories or not.
6. Adherence or Accession to a Treaty formal act which the state agrees to
assume the privileges and obligations of a treaty, already signed by the other
states
7. Free consent and Good Faith A state can only bind themselves and not other
states without their consent. All states must act in good faith in dealing with
other states

Article 34 General Rule Regarding Third States

A treaty does not create either obligations or rights for a third State without its
consent.
8. Favor Contractus It is better to seek the maintenance rather than
termination of a treaty
When a Treaty Becomes effective
1. With respect to signatory parties, Generally upon ratification and deposit of
the instrument of ratification, unless a different date is so provided in the
treaty
2. With respect to adhering parties, Upon receipt by the depositary agency of
notice of Adherence
Article VII Section 21. No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the Members of the Senate.

Last in Time Rule the rule presupposes that treaties and municipal laws
are equal in status, and that treaties are to be treated as municipal laws.
Thus whichever is adopted Last in Time will be governing.
Lex Posterior Derogat Priori
SEC. 4. Full Powers. The issuance of Full Powers shall be made by the President of the
Philippines who may delegate this function to the Secretary of Foreign Affairs.
The following persons, however, shall not require Full Powers prior to negotiating or
signing a treaty or an executive agreement, or any amendment thereto, by virtue of the
nature of their functions:

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a. Secretary of Foreign Affairs;

b. Heads of Philippine diplomatic missions, for the purpose of adopting the text of a
treaty or an agreement between the Philippines and the State to which they are
accredited;
c. Representatives accredited by the Philippines to an international conference or to
an international organization or one of its organs, for the purpose of adopting the
text of a treaty in that conference, organization or organ.

Principle of Non-Intervention
Article 2 section 7 of the UN charter Nothing contained in the present Charter
shall authorize the United Nations to intervene in matters which are essentially
within the domestic jurisdiction of any state or shall require the Members to submit
such matters to settlement under the present Charter; but this principle shall not
prejudice the application of enforcement measures under Chapter Vll.
Doctrine of Espousal a state may bring the claim on behalf of its wronged
national

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The United Nations

1. Composition originally 51 members presently with 193
members the most recent is south sudan 2011
-

Came into for on October 24, 1945

Purpose is the maintenance of international peace and security

CHAPTER I: PURPOSES AND PRINCIPLES

Article 1

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take
effective collective measures for the prevention and removal of threats to the
peace, and for the suppression of acts of aggression or other breaches of the
peace, and to bring about by peaceful means, and in conformity with the
principles of justice and international law, adjustment or settlement of
international disputes or situations which might lead to a breach of the
peace;
2. To develop friendly relations among nations based on respect for the principle
of equal rights and self-determination of peoples, and to take other
appropriate measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment of
these common ends.

Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in
accordance with the following Principles.

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1. The Organization is based on the principle of the sovereign equality of all its
Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting
from membership, shall fulfill in good faith the obligations assumed by them
in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in
such a manner that international peace and security, and justice, are not
endangered.
4. All Members shall refrain in their international relations from the threat or use
of force against the territorial integrity or political independence of any state,
or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it
takes in accordance with the present Charter, and shall refrain from giving
assistance to any state against which the United Nations is taking preventive
or enforcement action.
6. The Organization shall ensure that states which are not Members of the
United Nations act in accordance with these Principles so far as may be
necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations
to intervene in matters which are essentially within the domestic jurisdiction
of any state or shall require the Members to submit such matters to
settlement under the present Charter; but this principle shall not prejudice
the application of enforcement measures under Chapter Vll.

Main Bodies of the United Nations

1. The General Assembly One state one vote, Not a legislative body, can only
issue recommendations

2. The Security Council

Voting system 1. Every council member has one vote

2. On procedural matters, the vote of atleast 9 of the 15 members is required
3. On substantive matters, the vote of atleast 9 of the 15 members is
required including the concurring votes of the 5 permanent members. Called
the veto power or the Great Power Unanimity Rule
4. All members states agrees to bind themselves to the all the decisions of
the Security Council

3. The International Court of Justice

Jurisdiction over

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1. disputes of legal nature between the members states in accordance with

international Law and
2. Give advisory opinions upon the request of any organs of the United Nations
and its specialized agencies

Article 36 the statute of the International Court of Justice

1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters
specially provided for in the Charter of the United Nations or in treaties and conventions in
force.
2. The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state accepting the
same obligation, the jurisdiction of the Court in all legal disputes concerning:
a. the interpretation of a treaty;
b. any question of international law;
c. the existence of any fact which, if established, would constitute a breach of an international
obligation;
d. the nature or extent of the reparation to be made for the breach of an international obligation.
As to jurisdiction over the person
a. Only members of the UN or approved members may be parties
b. An individual may be a party if sponsored by a state.
4. The Economic and Social Council
5. The Secretariat
6. The Trusteeship Council

Pacific or Peaceful Settlement of Disputes

Dispute defined a disagreement on a point of law or fact, a conflict of legal
views or interest between two parties.
CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES

Article 33 of the UN Charter

1. The parties to any dispute, the continuance of which is likely to endanger the
maintenance of international peace and security, shall, first of all, seek a
solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial

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settlement, resort to regional agencies or arrangements, or other peaceful

means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to
settle their dispute by such means.

Article 95 of the UN Charter

Nothing in the present Charter shall prevent Members of the United Nations from entrusting the
solution of their differences to other tribunals by virtue of agreements already in existence or
which may be concluded in the future.

I. Law of Treaties (Brownlie)

A. Introduction
International disputes concerned with:
1. Validity and
2. interpretation of International Agreements
Vienna Convention on the Law of treaties:
1. Consist of 85 articles and an annex
2. Entered into force on January 27, 1980
3. Not less than 105 states have become parties.
AFFIRMING that the rules of customary international law will continue to govern
questions not regulated by the provisions of the present Convention,
Does not deal with:
1. Treaties between states and organizations or between two or more
organizations
2. Questions of state succession
3. The effect of war on treaties
Not retroactive in effect.
Treaty as defined by the International Law Commission is:

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Any international agreement in written form, whether embodies in a single

instrument or two or more related instrument and whatever its particular
designation, concluded between two or more states or other subjects (Refers
to International Organizations) of international law and governed by
international law.
other subjects (Refers to International Organizations)

B. Conclusion of Treaties
1. Form the manner in which treaties are negotiated and brought into force is
governed by the intention and consent of the parties.
There are no substantive requirements of form. However the Vienna
Convention applies only to agreements in written form
1969 Vienna Convention on the Law of Treaties

Article 3 International Agreements Not within the Scope of the Present

Convention
The fact that the present Convention does not apply to international agreements
concluded between States and other subjects of international law or between such
other subjects of international law, or to international agreements not in written
form, shall not affect:
(a) the legal force of such agreements;
(b) the application to them of any of the rules set forth in the present Convention to
which they would be subject under international law independently of the
Convention;
(c) the application of the Convention to the relations of States as between
themselves under international agreements to which other subjects of international
law are also parties.
2. Full Powers and Signature
- Full power involves an authority to negotiate and sign and seal a treaty.
Exceptions from the requirements: (not required to furnish evidence of their
authority)
1. Governments Full powers
2. Heads of State
3. Heads of Government
4. Foreign ministers
- Signature, Effects:
a. Authentication
b. If subject to ratification, acceptance or approval, the signature does not
establish consent to be bound. If not subject to the above mentioned conditions
it establishes consent to be bound.
c. Qualifies the signatory state to proceed to ratification, acceptance or approval
and creates an obligation of good faith to refrain from acts calculated to frustrate
the objects of the treaty.

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3. Ratification
1. The act of the appropriate organ of the state
2. The international procedure (which brings a treaty into force):
a. By a formal exchange of the instruments of Ratification
b. By deposit of the instruments of Ratification
Rules on Ratification
1. Generally governed by Intent
2. Treaties Generally require ratification
3. In Exceptional cases such as when the treaty state that it shall come to force
upon signature, ratification is not required.
4. Accession, Acceptance and Approval
Accession/Adherence/Adhesion Occurs when a state who did not sign a treaty,
already signed by other states, formally accepts its provisions.
5. Expression of Consent to be Bound
Signature, Ratification, Accession, Acceptance and Approval are not the only means
by which consent to be bound may be expressed. Any other means may be used if
so agreed.

C. Reservations
Reservation is a unilateral statement, however phrased or name, by a state,
when signing, ratifying, acceding, accepting, or approving a treaty, whereby it
purports to exclude or modify the legal effect of certain provisions of the treat, in
their application to that state.
Rules: Valid only if: (subject to the rules stated below)
1. The treaty permitted reservations
2. All other parties accepted the reservation
Rules of Reservations
1. Absolute Integrity Reservation constitutes as counter offer, Requires all to
agree
2. Flexible System party to convention only with respect to non-objecting
states
3. Compatibility Party to the convention if the reservation is compatible with
the object and purpose of the convention, leaving each state to draw legal
consequences where reservations were communicated to them (Adopted by
the Vienna Convention)

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Prohibited Compatibility Reservations/Impermissible Reservations:

1. Reservations expressly prohibited
2. Reservations not falling within the provisions in a treaty permitting specified
reservations and no others
3. Reservations incompatible with the object and purpose of the treaty.
Article 19 Formulation of Reservations
A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate
a reservation unless:
(a) the reservation is prohibited by the treaty;
(b) the treaty provides that only specified reservations, which do not include the reservation
in question, may be made; or
(c) in cases not failing under subparagraphs (a) and (b), the reservation is incompatible with
the object and purpose of the treaty.
Article 20 Acceptance of and Objection to Reservations
1. A reservation expressly authorized by a treaty does not require any subsequent
acceptance by the other contracting States unless the treaty so provides.
2. When it appears from the limited number of the negotiating States and the object and
purpose of a treaty that the application of the treaty in its entirety between all the parties is
an essential condition of the consent of each one to be bound by the treaty, a reservation
requires acceptance by all the parties.
3. When a treaty is a constituent instrument of an international organization and unless it
otherwise provides, a reservation requires the acceptance of the competent organ of that
organization.
4. In cases not falling under the preceding paragraphs and unless the treaty otherwise
provides:
(a) acceptance by another contracting State of a reservation constitutes the reserving
State a party to the treaty in relation to that other State if or when the treaty is in force
for those States;
(b) an objection by another contracting State to a reservation does not preclude the
entry into force of the treaty as between the objecting and reserving States unless a
contrary intention is definitely expressed by the objecting State;
(c) an act expressing a States consent to be bound by the treaty and containing a
reservation is effective as soon as at least one other contracting State has accepted the
reservation.
5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides, a
reservation is considered to have been accepted by a State if it shall have raised no
objection to the reservation by the end of a period of twelve months after it was notified of
the reservation or by the date on which it expressed its consent to be bound by the treaty,
whichever is later.

D. Entry into Force, Deposit, and Registration

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The Provisions on the treaty determine the manner in which and the date on
which the treaty enters into force.
Where the treaty does not specify a date, there is a presumption that the
treaty is intended to come into force as soon as all negotiation states have
consented to be bound by the treaty.
After the treaty is concluded the written instruments, which provide formal
evidence of consent to be bound by Ratification, Acceptance and so on are
placed in the custody of a depositary who may be one or more states or an
international organization.

Charter of the United Nations:

CHAPTER XVI: MISCELLANEOUS PROVISIONS

Article 102
1. Every treaty and every international agreement entered into by any Member
of the United Nations after the present Charter comes into force shall as soon
as possible be registered with the Secretariat and published by it.
2. No party to any such treaty or international agreement which has not been
registered in accordance with the provisions of paragraph 1 of this Article
may invoke that treaty or agreement before any organ of the United Nations.

Registration is not a condition precedent for the validity of the written

instruments. Its only consequence is that it may not be invoke before any
organ of the U.N. unless other appropriate means of publicity have been
employed

E. Invalidity of Treaties
1. Provisions of internal law
Three Main Views
1. Constitutional Limitations determine validity on the international plane
2. Only Notorious constitutional limitations are effective on the international
plane
3. The state is bound irrespective of internal limitations if consent is given.
a. The other state must not be aware of the internal limitation
b. No manifest irregularity
2. Representatives Lack of Authority
- Presumption that Representative acts without a specific restriction, Treaty
may be invalidated only if the specific restriction is communicated with the
other negotiating states

Article 47 Specific Restrictions on Authority to Express the Consent of A State

If the authority of a representative to express the consent of a State to be bound by
a particular treaty has been made subject to a specific restriction, his omission to
observe that restriction may not be invoked as invalidating the consent expressed

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by him unless the restriction was notified to the other negotiating States prior to his
expressing such consent.
3. Corruption of a State Representative

Article 50 Corruption of A Representative of A State

If the expression of a States consent to be bound by a treaty has been procured
through the corruption of its representative directly or indirectly by another
negotiating State, the State may invoke such corruption as invalidating its consent
to be bound by the treaty.
4. Error

Article 48 Error
1. A State may invoke an error in a treaty as invalidating its consent to be bound by
the treaty if the error relates to a fact or situation which was assumed by that State
to exist at the time when the treaty was concluded and formed an essential basis of
its consent to be bound by the treaty.
2. Paragraph 1 shall not apply if the State in question contributed by its own
conduct to the error or if the circumstances were such as to put that State on notice
of a possible error.
3. An error relating only to the wording of the text of a treaty does not affect its
validity;
5. Fraud

Article 49 Fraud
If a State has been induced to conclude a treaty by the fraudulent conduct of
another negotiating State, the State may invoke the fraud as invalidating its
consent to be bound by the treaty.
6. Coercion of State Representatives

Article 51 Coercion of A Representative of A State

The expression of a States consent to be bound by a treaty which has been
procured by the coercion of its representative through acts or threats directed
against him shall be without any legal effect.
7. Coercion of a state

Article 52 Coercion of A State by the Threat or Use of Force

A treaty is void if its conclusion has been procured by the threat or use of force in
violation of the principles of international law embodied in the Charter of the United
Nations.
8. Conflict with a peremptory nor of General International Law (Jus
cogens)
A Peremptory norm is a norm which attains a certain status from which no
derogation is permitted.

F. Withdrawal, Termination and Suspension of Treaties

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1. Pacta Sunt Servanda

Presumption as to the validity and
continuance in force of a treaty.

5. Termination by agreement
Termination or withdrawal may take
place by consent, express or
implied, of all the parties.

2. States Succession Treaties may

be affected when one state
succeeds wholly or in part to the
legal personality and territory of
another.

6. Material Breach a material

breach of one party entitles the
other/s party/ies to invoke the
breach as the ground for
termination or suspension of the
treaty.

3. War and Armed conflict

Treaties are suspended in times of
war, and war conditions may lead
to termination of treaties on
grounds of impossibility or
fundamental change of
circumstances.

7. Supervening Impossibility of
Performance the impossibility
results from the destruction or loss
of an object indispensable for the
execution of the treaty

4. Operations (terms and

conditions) of the provisions of
the treaty
- A treaty may specify the conditions
of its termination and a bilateral
treaty may provide for
denunciation by the parties.
8. Fundamental Changes of
Circumstances
Essential Requisites to be a valid ground:
1. Existence of prior circumstances must be essential to the consent
2. The effect of the change is radically to transform the extent of obligations still to be
performed under the treaty.
2. A fundamental change of circumstances may not be invoked as a ground for terminating
or withdrawing from a treaty:
(a) if the treaty establishes a boundary; or
(b) if the fundamental change is the result of a breach by the party invoking it either of
an obligation under the treaty or of any other international obligation owed to any other
party to the treaty.
3. If, under the foregoing paragraphs, a party may invoke a fundamental change of
circumstances as a ground for terminating or withdrawing from a treaty it may also invoke
the change as a ground for suspending the operation of the treaty.
9. New Peremptory Norm
- A treaty becomes void, if it conflicts with a peremptory norm of general international
law (Jus Cogens) established after the treaty comes into force. This does not have
retroactive effects on the validity of a treaty.

G. Invalidity, Termination and Suspension General Rules

1. The validity and continuance in force and of consent to be bound is presumed
(art.42)

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2.
I.
II.
III.
IV.
V.

Voidable Treaties (Grounds of invalidity must be invoked)

Incompetence under internal law
Restrictions on authority of representatives
Error
Fraud
Corruption of a representative

3. Grounds of Termination must be invoked

I. Material Breach
II. Impossibility
III. Fundamental Change in the Circumstances
4. Void/Invalid Treaties
I. Coercion of the representative of a state
II. Coercion of a state
III. New peremptory norm
5. Severance or Separability of clauses do not apply to void treaties except provisions in
conflict with a new peremptory norm.

H. Application and Effect of Treaties

1. Justification for non-performance or suspension of performance
- Must be pleaded and based on necessity or force majeure
2. Obligations and Rights for third states
pacta tertiis nec nocent nec prosunt- A treaty binds the parties and only the parties; it

does not create obligations for a third state

Exception:
1. A rule in a treaty may become binding on non-parties if it becomes a part of
international custom.
2. A Stipulation pour autrui (for others).
* Conflicting views, must be accepted by the third state the other is that acceptance
of the third state is not required
Presumption is it has assented to the treaty.
3. Treaties having incompatible provisions (it is a matter of interpretation
aided with presumptions)
1. A later treaty prevails over an earlier treaty concerning the subject-matter.
2. A treaty may expressly provide that it shall prevail over subsequent
incompatible treaties

I. Amendment and Modification of Treaties

Amendment
-depends on the consent of the parties
-issue is primarily one of politics
Modification

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-when some of the parties conclude an inter se agreement altering the

application of the treaty between themselves alone
Vienna Convention requires no formality for amendment of a treaty

J. Interpretation of Treaties
1. Competence to Interpret
I.
The parties
II.
Subject to the operation of other rules of the law.

In interpretation of treaties what matters is the intention of the parties as

expressed in the text

Summary of Article 31 (General rule of interpretation)

A treaty shall be interpreted:
1. In Good faith
2. Ordinary Meaning
3. In their context (taking into account subsequent agreement and practice in
the application of the treaty and relevant rules of international law applicable
in the relations between the parties)
4. In light of its object and purpose
5. A special meaning shall be given to a term if the parties so intended
Requisites for recourse to Article 32 (Supplementary means of Interpretation)
When after applying Article 31 it:
1. Leaves the meaning ambiguous
2. Leads to a result which is manifestly absurd or unreasonable.
Supplementary means of Interpretation
1. Preparatory work
2. Circumstances of its conclusion
Subsequent practice in the application of the treaty establishes the
understanding of the parties regarding its interpretation.

K. Classification of Treaties
Lord Mcnair stated that there should be different rules governing different
treaties such as
1. Disposition of territory and rights in relation to territory, are like conveyances
in private law.
2. Treaties involving bargains between states are like contracts
3. Multilateral treaty creating a set of rules is law-making
Vienna Convention treat the law of treaties as essentially a unity.

L. Participation in General Multilateral Treaties

International Law Commission defines a General Multilateral Treaty as:

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A multilateral treaty which concerns general norms of international law and

deals with matters of general interest to states as a whole.

II. Other Transactions Including Agency and

Representation
A. Informal Agreements
-

The law of treaties does not contain mandatory requirements of form for the
validity of treaties.
Unwritten agreement have been accepted as valid such as:

Railway traffic between Poland and Lithuania case

Participation by both states, parties to a dispute, In a resolution by the
council of the league of nations constituted a binding agreement.

B. Quasi-Legislative Acts
-

A treaty or convention may also be made through a quasi-legislative act of an

International Organization.

C. Unilateral Acts
1. In general acts and conduct of governments may not be directed towards
the formation of agreements.
2. Unilateral declarations A state may evidence a clear intention to accept
obligations vis--vis certain other states by a public declaration which is not
an offer or otherwise dependent on reciprocal undertakings from the states
concerned.
3. Reliance on Voidable Transactions

Article 45 Loss of A Right to Invoke A Ground for Invalidating, Terminating,

Withdrawing from or Suspending the Operation of A Treaty
A State may no longer invoke a ground for invalidating, terminating, withdrawing
from or suspending the operation of a treaty under articles 46 to 50 or articles 60
and 62 if, after becoming aware of the facts:
(a) it shall have expressly agreed that the treaty is valid or remains in force or
continues in operation, as the case may be; or
(b) it must by reason of its conduct be considered as having acquiesced in the
validity of the treaty or in its maintenance in force or in operation, as the case may
be.
4. Evidence of Inconsistent Rights
Conflict between the admission of legal rights and position later taken on the
disposition of legal rights in a sphere.

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5. Estoppel and Status

- On the basis of stability in matters of status, rather than principles of good
faith and consistency, nationality and diplomatic protection may rest on
estoppel.
6.

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