What is a 'treaty' according to the Vienna Convention on the Law of Treaties (VCLT)?

Treaties are agreements concluded between States in written form and governed by international law

Should treaties assume a particular form?

Treaties do not have to assume a particular form or designated as such

Should treaties assume a particular form?

The VCLT does not require that a treaty assume any particular form or be designated as such. What matters is whether its terms are binding upon the parties (see Qatar/Bahrain case, 1994).

Who has the authority to conclude a treaty on the part of State

Treaties are concluded by the competent representatives of States. Heads of States, heads of governments, ministers of foreign affairs and heads of diplomatic missions are presumed to have such authority

How the consent to be bound of a State may be expressed?

The consent of a state to be bound by a treaty may be expressed by signature, ratification, acceptance, approval or accession

How the consent to be bound of a State may be expressed?

According to Art 11 VCLT , the 'consent of a state to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed'

Do treaties bind third States, ie non-State parties?

Treaties do no create obligations or rights for third States without their consent

Do treaties bind third States, ie non-State parties?

In respect of non-State parties a treaty is a res inter alios acta , ie it does not create obligations or rights without their consent (see articles 34-38 VCLT).

How treaties are to be interpreted?

) Treaties are to be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose

What does the principle 'pacta sunt servanda' mean?

Parties to a treaty should adhere to its terms in good faith

When a reservation is considered as invalid under the law of treaties?

A reservation is invalid when it is incompatible with the object and purpose of the treaty

What is 'material breach' of the treaty?

Material breach' is the repudiation or a significant violation of the treaty and serves as a ground for the unilateral termination of the treaty

What does the 'fundamental change of circumstances' entail for the treaty?

A fundamental change of the circumstances which constituted an essential basis of the consent of the parties to be bound by the treaty and which was not foreseen by the parties, may be invoked as a ground for terminating or withdrawing from the treaty

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POSI 4356

Texas State International Law Chapter 3

Question	Answer
What is a 'treaty' according to the Vienna Convention on the Law of Treaties (VCLT)?	Treaties are agreements concluded between States in written form and governed by international law
Should treaties assume a particular form?	Treaties do not have to assume a particular form or designated as such
Should treaties assume a particular form?	The VCLT does not require that a treaty assume any particular form or be designated as such. What matters is whether its terms are binding upon the parties (see Qatar/Bahrain case, 1994).
Who has the authority to conclude a treaty on the part of State	Treaties are concluded by the competent representatives of States. Heads of States, heads of governments, ministers of foreign affairs and heads of diplomatic missions are presumed to have such authority
How the consent to be bound of a State may be expressed?	The consent of a state to be bound by a treaty may be expressed by signature, ratification, acceptance, approval or accession
How the consent to be bound of a State may be expressed?	According to Art 11 VCLT , the 'consent of a state to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed'
Do treaties bind third States, ie non-State parties?	Treaties do no create obligations or rights for third States without their consent
Do treaties bind third States, ie non-State parties?	In respect of non-State parties a treaty is a res inter alios acta , ie it does not create obligations or rights without their consent (see articles 34-38 VCLT).
How treaties are to be interpreted?	) Treaties are to be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose
What does the principle 'pacta sunt servanda' mean?	Parties to a treaty should adhere to its terms in good faith
When a reservation is considered as invalid under the law of treaties?	A reservation is invalid when it is incompatible with the object and purpose of the treaty
What is 'material breach' of the treaty?	Material breach' is the repudiation or a significant violation of the treaty and serves as a ground for the unilateral termination of the treaty
What does the 'fundamental change of circumstances' entail for the treaty?	A fundamental change of the circumstances which constituted an essential basis of the consent of the parties to be bound by the treaty and which was not foreseen by the parties, may be invoked as a ground for terminating or withdrawing from the treaty

Created by: superd1987

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