THE ROLE OF TREATIES AS INTERNATIONAL LAW

INSTRUMENTS

Gizelle Shaina Deffany Sugianto

E0023216 | Rachma Indriyani (C)

ABSTRACT
International treaties are the predominant method for establishing
global regulations and standards that sovereign states and other international
actors are expected to adhere to. In the contemporary realm of international
law, their significance has notably increased. The efficacy of enforcing
international law was previously a subject of doubt, but this has been
addressed by the growing prevalence of treaty-making. Additionally, the
achievement of universality in human rights through international treaties is
noteworthy. International law acknowledges the necessity of securing
international commitments with the consent of sovereign states. In this sense,
international treaty law can be viewed as a convergence point for meeting the
requirements of international obligations. This paper primarily underscores
the characteristics and importance of international treaties.

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 Treaties are formal agreements between sovereign states or
international organizations that are governed by international law. These
agreements, also known as conventions, pacts, or accords, are a fundamental
part of the international legal system. Treaties serve several important
purposes in international law, and their significance can be summarized as
follows:
1. Definition: A treaty is a written agreement that is negotiated and
concluded between two or more sovereign states or international
organizations. It is a binding legal instrument that outlines the rights and
obligations of the parties involved.
2. Consent: Treaties are based on the principle of consent. States voluntarily
enter into treaties, and their consent is a fundamental element of international
law. This means that states are only bound by the provisions of a treaty if they
have agreed to be so through the process of negotiation and ratification.
3. Regulation of Relations: Treaties help regulate the conduct of states in their
international relations. They can cover a wide range of subjects, including
trade, human rights, environmental protection, arms control, and more. By
specifying the rights and responsibilities of states, treaties provide a
framework for cooperation and the resolution of disputes.
4. Creation of Legal Obligations: When a state becomes a party to a treaty, it
assumes legal obligations under international law. These obligations may
include refraining from certain actions, taking specific measures, or
cooperating with other states in achieving common goals. States are legally
bound to fulfill these obligations.
5. Enforcement: Treaties may include mechanisms for enforcement and
dispute resolution. These mechanisms can vary from treaty to treaty but often
involve procedures for peaceful settlement of disputes, such as negotiation,
arbitration, or referral to international courts or tribunals.
6. Customary International Law: Over time, state practice and the widespread
acceptance of treaty provisions can lead to the development of customary
international law. This means that even states not party to a particular treaty
may be bound by its provisions if they have become widely accepted as
customary norms.
7. Modification and Termination: Treaties can usually be modified or
terminated by the parties through mutual consent, as specified in the treaty
text. Changes or terminations must adhere to the treaty's provisions or
principles of general international law.
8. Multilateral and Bilateral Treaties: Treaties can be multilateral (involving
multiple parties) or bilateral (between two parties). Multilateral treaties often
have a broader impact and involve more complex negotiation and
implementation processes.
9. Soft Law: Some international agreements, such as declarations and
resolutions, do not meet the strict criteria of treaties but are still considered

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significant in shaping international relations. These agreements may be
regarded as "soft law."
10. Role in Diplomacy: The negotiation and conclusion of treaties are key
elements of diplomatic relations between states, and they provide a forum for
dialogue and cooperation.
In summary, treaties are a cornerstone of international law, as they
establish legally binding commitments among states and international
organizations. They play a pivotal role in regulating state behavior, resolving
disputes, and promoting cooperation on various global issues.

WHY ARE TREATIES CRUCIAL FOR THE INTERNALTIONAL LAW?

Treaties form the basis of international law. They maintain stability
and diplomatic relations between parties. They are thus the most important
elements to guarantee international cooperation, peace, and security. This is
one of the reasons why treaties are regarded as the fundamental source of
international law.
Treaties provide the source of ‘most specific international laws’. Yet,
the treaty itself does not end the prospect of ‘existence of customary laws’. In
many occasions, the customary international practices are invoked to
‘determine the scope of treaty provision’, but the treaty provision does not
need interpretation if it is specific and plain in meaning.

ARE THEY EFFECTIVE TO RESOLVE ISSUES?

it is regarded as a legally binding commitment in the realm of
international law. Consequently, if the responsibilities outlined in the treaty
are not fulfilled, they can be addressed through international legal courts and
international arbitration. These mechanisms may involve international
institutions like the International Court of Justice or independent countries
not directly involved in the treaty. This enables impartial third parties to
assist in the resolution process, which can otherwise be hindered by the self-
interest of the involved nations.
Treaties become legally binding only when they receive approval from
the parties involved. For instance, after World War I, President Woodrow
Wilson of the United States suggested adding the League of Nations as an
amendment to the Treaty of Versailles. Even though all parties at the Paris
Peace Conference agreed to this, the treaty didn't receive ratification from the
United States Congress. Consequently, all of America's commitments under
the treaty lost their legal force.
The primary distinction between contracts and treaties lies in their
enforceability. Contracts can be enforced by a higher legal authority, whereas
when it comes to treaties, reliance is placed on the nations involved for
enforcement. While there exists a framework of international law and various
supranational institutions intended to uphold it, the responsibility for

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enforcement ultimately rests with the involved nations. Unlike contracts,
there is no supranational institution with the capacity to effectively oversee
international law. Consequently, if other nations are unwilling to engage in
conflicts or risk damaging their relationships with the parties affected, they
often refrain from intervening.
Thus, treaties have mostly failed to produce their intended effects For
most policy domains, only trade and finance agreements met its intended
result. In accomplishing their intended goals. In contrast, treaties within the
other areas examined were deemed ineffective, and in certain instances, they
might have resulted in negative consequences.

TREATIES TABLE OF SWOT

strenghts Its strength lies in its ability to foster cooperation and
resolve disputes peacefully.
1. Treaties carry legal force
2. Treaties can help prevent or resolve conflicts
between nations.
3. promote international cooperation on a wide range
of issues, from trade to environmental protection

weaknesses Its weakness lies in its dependence on the

willingness of states to comply.
1. A treaty holds legal authority solely over the states
that have willingly agreed to abide by its terms. It is
impossible to compel a state into ratifying a treaty,
which means that the decision to ratify one remains a
voluntary choice.
2. Treaties lack strong mechanisms for enforcement.
Non-compliance often goes unpunished, weakening
the effectiveness of the agreement.
3. Treaties may become outdated or ill-suited to
evolving circumstances.

opportunities 1. Global and economical benefits: Treaties provide a

means for addressing global challenges such as climate
change, nuclear disarmament, and public health crises.
2. Participating in treaty negotiations enhance
diplomatic relations and build trust among nations.
threats 1. They can diminish the level of protection for, or even
legally exclude certain rights from individuals residing
within that particular nation.
2. When nations do not adhere to treaties, it can

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undermine the credibility of the international legal
system and the effectiveness of future agreements.