Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

1) General concept and history of legal resources of Law of Treaties

Law of Treaties is the law concerning the legislation process of international


society. In other words law of treaties is part of international law, function of which is
governing the treaty relationship between subjects of international law.
Before the Vienna Convention the major source of law of treaty is international
customs. The 1969 Vienna Convention on the Law of Treaties is one of the most
significant ones of the laws governing treaties, as it marked the codification of law of
treaty. Since the Vienna Convention, treaties also became a significant source of law
of treaties. The law of treaty is expected to continue to evolve through future
codification and legislation.
2) 1969 Vienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties was adopted by the Vienna
Conference on 22 May 1969 and it entered into force on 27 January 1980. The
Convention is made up of a preamble, eighty-five articles and an annex. It is the body
of rules which determines whether an instrument is a treaty, how it is made, brought
into force, amended, terminated and operates generally. It is not so concerned with the
substance of a treaty. The Convention has been called "the treaty on treaties".
Although it does not occupy the whole ground, it covers the most important areas, and
is the starting point for any description of the modern law and practice of treaties. The
Convention is now more than forty years old, but is likely to remain unchanged for
many decades yet.

3) 1978 Vienna Convention on Succession of States in Respect of Treaties


The Vienna Convention on Succession of States in respect of Treaties is an
international treaty promulgated in 1978 to set rules on succession of states. It was
adopted partly in response to the "profound transformation of the international
community brought about by the decolonization process".
Among its provisions it establishes that newly independent post-colonial states
are subject to the "clean slate" rule, such that the new state does not inherit the
treaty obligations of the colonial power (article 16).
This treaty has proven to be controversial largely because it distinguishes
between "newly independent states" (a euphemism for former colonies) and "cases
of separation of parts of a state" (a euphemism for all other new states).

4) 1986 Vienna Convention on the Law of Treaties between States and International
organization
The Vienna Convention on the Law of Treaties between States and International
Organizations or Between International Organizations (VCLTIO) is an extension of the Vienna
Convention on the Law of Treaties which deals with treaties between States. It was developed by
the International Law Commission and opened for signature on March 21, 1986.
Article 85 of the Convention provides that it enters into force after the ratification by 35
states (international organizations may ratify, but their ratification does not count towards the
number required for entry into force). On August 8, 2009, the UN Treaty Database listed 41
parties to the Convention, but only 29 states. As a result the Convention is not yet in force

You might also like