INTERNATIONAL TREATIES: ENTRY INTO FORCE,

INTERPRETATION, RESERVATIONS, MODIFICATIONS AND

SUSPENSIONS.

María Jose Montero Molina – Daniela del Toro Cubas - Paula Andrea Sarabia
Sandoval – Juan Felipe Carreño – Ricardo Echenique.

International Business Law Presencial 81097

Prof. Raul Martínez Espinoza

Universidad de la Costa (CUC)

Barranquilla – Atlántico
2024
By groups (5 students) Develop the following points:

1. Briefly define how Agreements work in a simplified manner.

Formal & Legal: They're usually written documents, signed by leaders, and follow international law
rules. Breaking them can have serious consequences.

More Players: Sometimes, multiple countries join in, making it a multilateral agreement, like a
neighborhood cleanup instead of just two friends sharing chores.

Big Topics: They cover a wide range of issues, from fighting climate change to protecting human
rights, like deciding how everyone in the neighborhood can save water.

Enforcement: There are international organizations like the ONU that help countries follow
agreements, but it's not always perfect, like reminding everyone to actually use less water!

2. When does a treaty enter into force? How does it differ from the provisional
application of a treaty?

It consists of the observance of all or some of its provisions prior to its entry into force. It cannot be
confused, therefore, with entry into force. The fundamental difference is that in this case the State is not a
party and may not become one.

Its purpose is to facilitate the application of the international treaty or part of it while the domestic
formalities for the submission of consent are being completed. It constitutes a means of coordination to
the extent that domestic law recognizes provisional application. Entry into force means the moment at
which a treaty acquires full legal effectiveness, that is, it becomes binding and enforceable, under the terms
provided for by its provisions, between contracting parties, who are thereafter referred to as parties (the
moment at which it enters into force).

3. Who is responsible for the interpretation of treaties? Under what conditions and how
can reservations be expressed? ¿How does this affect the application of treaties?

The interpretation of treaties is the responsibility of the parties involved, and is generally governed
by the rules established in the Vienna Convention on the Law of Treaties. Reservations are
unilateral declarations made by a State when signing, ratifying or acceding to a treaty, and their
acceptance depends on the will of the other parties.

The conditions and expression of reservations vary depending on the treaty and its provisions, but
in general, they must be compatible with the object and purpose of the treaty. Reservations can
affect the application of the treaty, since they could limit or condition the obligation of the State
that makes the reservation. The acceptance of reservations by other parties may influence the
effectiveness and scope of the treaty.
 4. Briefly define how the non-retroactivity of treaties works and its scope of territorial
application.

The non-retroactivity of treaties means that a treaty cannot affect acquired rights or situations
already consolidated before its entry into force. This means that the provisions of a treaty apply
only from its entry into force forward, and cannot affect past events. As for the territorial scope
of application, treaties generally specify clearly the territories over which they apply, and their
scope may vary from being exclusively national to encompassing multiple countries or specific
regions.

5. Create a comparative table where it's possible to establish differences between

modification, suspension, nullity, and termination of treaties.