B. Treaties in General (VCLOT 2) - Defined under the VCLOT (Vienna Convention on the law of treaties of 1969) Refers to:

1. INTERNATIONAL AGREEMENT
2. CONCLUDED BETWEEN STATES
3. IN WRITTEN FORM
4. GOVERNED BY INTERNATIONAL LAW regardless if in a single instrument or more and regardless of its particular designation.

2 - Consent (VCLOT 11) - May be expressed by:

1. signature,
2. exchange of instruments constituting a treaty,
3. ratification,
4. acceptance,
5. approval or
6. accession - means by which a State expresses its consent to become a party to a treaty that it was not in a position to sign (Evans)
7. any other means so agreed.

3. Binding Effect

3a. Object and Purpose (VCLOT 18) - A state bound by a treaty is obliged to refrain from acts which would defeat the object and purpose of a treaty. Applies where prior to party, or prior entry into force.

3b. Pacta sunt servanda (VCLOT 26) - A customary rule, which requires states to comply with obligations in good faith. Thus, applies independent of the VCLOT. This governs the obligations of the parties after the periods contemplated under VCLOT 18.

3c. Third States (VCLOT 34) - Under the principle of res inter alios act nec nocet nec prodest (Transaction between other effects neither disadvantage or benefit), if a party to a treaty is committed to an agreement in a treaty, a State which is not party is not obligated to the treaty.

4. Reservations - Unilateral statements made by a state when signing/approving a treaty where it purports to exclude or modify the legal effect of certain provisions of the treaty as regards its application to that state.

5. Interpretation - Used to establish the meaning of the text that the parties intended to have in relation to the circmstances, with reference to which the question of interpretation has arisen.

6. Invalidity of Treaties (VCLOT 45-53)

7. Termination and Suspension (VCLOT 60-62) - These are customary international law. As held in Gabcikovo

Oral Agreements (VCLOT 3) - An oral agreement can be a treaty, but will not be covered by the Vienna Convention. Treaties bind only the parties to them. VCLT does not invalidate oral treaties. Instead, only means that they are interpreted under customary international law and not the VCLT.

Parties to a Treaty - States and International Organizations may enter into treaties. In any possible combination i.e., States and IO, States to States, etc.

How Binding (VCLOT 26) - Every treaty is binding on the basis of pacta sund servanda (Binding upon the parties, and must be performed by them in good faith). The principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract.

Required Form - A treaty is a generic term that can cover international agreements outside the definition of the VCLOT. Thus, can apply to songs, etc.

Retroactivity (VCLOT 4) - VCLOT applies only prospectively.

Definitions (VCLOT 2) - Ratification", "acceptance" "approval" and "accession" mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty;

Consent by Signature (VCLOT 12) - Consent to be bound by a treaty is expressed by the signature of its representative when:

1. EXPRESS PROVISION - The treaty provides that signature shall have that effect;
2. ESTABLISHED - It is otherwise established that the negotiating States were agreed that signature should have that effect; or
3. APPARENT INTENT - The intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation.

Consent by Exchange of Instruments (VCLOT 13) - Consent to treaty by exchange of instruments when:

1. The instruments provide that their exchange shall have that effect; or
2. It is otherwise established that those States were agreed that the exchange of instruments shall have that effect.

Scope of the VCLOT - Covers the following forms of treaties:

1. Treaties between States (VCLOT 1)
2. Prospective Treaties (VCLOT 4)
3. Constitutent Instruments (VCLOT 3) - any treaty which is the constituent instrument of an international organization and to any treaty adopte d within an international organization without prejudice to any relevant rules of the organization

Joint Communique (Aegean Sea Continental Shelf) - No rule of international law that precludes joint communique from constituting an international agreement to submit a dispute to arbitration or judicial settlement. A joint communique is a letter/message, diplomatic in nature.

Conflict between Domestic Law and Treaties (VCLOT 27) - A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.

When Obliged to Refrain - IF:

1. SIGNATORY(Not yet a party to a treaty) - It has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or (Mere Signatory)
2. STATE PARTY (Already a party to treaty) - expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed
   

EFFECTS (VCLOT 21) -

1. Reservation with regard to another party -
   1a. RESERVING STATE - for the reserving State in its relations with that other party the provisions of the treaty to which the reservation relates to the extent of the reservation
   1b. OTHER STATE - Modifies the same provisions to the same extent for the other party.
2. INTER SE (Between and among themselves) - The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se
3. OBJECTING STATE - a State objecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State, the provisions to which the reservation relates do not apply as between the two States to the extent of the reservation

When Prohibited (VCLOT 19) - Generally, States may make reservations. Unless:

1. EXPRESS - The reservation is prohibited by the treaty;
2. SPECIFIC RESERVATIONS - The treaty provides that only specified reservations, which do not include the reservation in question may be made
3. INCOMPATIBLE - In cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible with the object and purpose of the treaty.
   

Acceptance (VCLOT 20) -

1. NO ACCEPTANCE - If reservation expressly authorized, does not require subsquent acceptance UNLESS the treaty provides otherwise.
2. UNIVERSAL ACCEPTANCE - If it appears 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 it, a reservation requires acceptance by all parties.
3. ACCEPTANCE BY ORGANIZATION - 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.
   

Other Cases of Acceptance (VCLOT 20) -

1. 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
2. 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;
3. CONSENT - An act expressing a State's 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

Interpretative Declarations - Appended to treaties at the time of signature, etc. setting out how a state understands its treaty obligations. Does not exclude or modify certain portions of the treaties. May serve to exclude state from strict application of the treaty while avoiding being tagged as a reservation.

Withdrawal (VCLOT 22) -

1. WITHDRAWAL OF RESERVATION - In the absence of contrary stipulations, a reservation may be withdrawn at any time and the consent of a State which has accepted the reservation is not required for its withdrawal.
2. WITHDRAWAL OF OBJECTION - In the absence of contrary stipulations, an objection to a reservation may be withdrawn at any time.
   

Specific Rules to Withdrawal (VCLOT 22) - Unless the treaty otherwise provides, or it is otherwise agreed

1. Operative Reservation - The withdrawal of a reservation becomes operative in relation to another contracting State only when notice of it has been received by that State.
2. Operative Objection - Withdrawal of an objection becomes operative only when notice of it has been received by the State which formulated the reservation

Procedure for Reservation (VCLOT 23) -

1. WRITING - Reservation, express acceptance of a reservation, objection to a reservation must be formulated in writing and communicated to the contracting States/other states entitled to become parties to the treaty.
2. UPON SIGNING - If reservation formulated when signing the treaty subject to ratification, these must be formally confirmed by the reserving State when expressing its consent to be bound by the treaty. Here, reservation is on the date of confirmation.
3. PRIOR TO CONFIRMATION - express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation
4. WITHDRAWAL - must be in writing.

Jus Cogens - Reservations with respect to treaty provisions that reflect jus cogen norms are impermissible. In effect, the reserving state would still be bound in the same way as if they reserved to treaties codifying norms of customary international law.

Application - Applies to multilateral treaties, not bilateral ones. In bilateral treaties, modifications constitute counter-offers to the treaty. If accepted, then its just a new treaty.

General Rules of Interpretation (VCLOT 31) - Binding as customary law.

Good Faith/Ordinary Meaning (VCLT 31.1) - A treaty shall 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

Additional Context - Construed in addition with the text, preamble and annexes of the treaty.

1. Universal Agreement - any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty
2. Instrument - any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty

Subsequent Agreements (VCLT 31.2) - Construe + Context + Treaty

1. Subsequent Agreement - Any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions;
2. Subsequent Practice - in the application of the treaty which establishes the agreement of the parties regarding its interpretation;
3. Relevant Intl. Law - any relevant rules of international law applicable in the relations between the parties

Ut magis valeat quam pereat - Applies here, interpretation with reference to the declared and apparent object and purpose of the treaties as to give them full effect.

Loss of Ground to Invalidate/Terminate/Withdraw/Suspend (VCLOT 45) - If, after becoming aware of the facts it either:

1. EXPRESS AGREEMENT - it shall have expressly agreed that the treaty is valid or remains in force or continues in operation, as the case may be; or
2. AGREEMENT BY CONDUCT - 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.

Grounds for Invalidation

Relative Grounds for Invalidity - may be invoked by a State to invalidate its consent to be bound by the treaty.

Error;Factual (VCLOT 48) -

1. GR - 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. XCPN - No excuse 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.

Absolute Grounds for Invalidity - render a State’s expression of its consent without any legal effect and the treaty void.

CORRUPTION (50) - If the expression of a State’s 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.

CONFLICT (53) - A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law.

1. LACK OF AUTHORITY (VCLOT 47) - 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 by him
2. UNLESS - the restriction was notified to the other negotiating States prior to his expressing such consent.

Termination Due to Material Breach (60)

Termination due to Impossibility of Performance (61) -

Termination due to Change of Circumstances (62) - Generally, 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.

Breach in a Bilateral Treaty - A material breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as a ground for terminating the treaty or suspending its operation in whole or in part.

Breach in a Multilateral Treaty - Entitles the other parties to:

1. Suspend/Terminate by Unanimous Agreement - by unanimous agreement to suspend the operation of the treaty in whole or in part or to terminate it either between ALL PARTIES or, in relations between themselves and the defaulting state.
2. SPECIFICALLY AFFECTED - a party specially affected by the breach to invoke it as a ground for suspending the operation of the treaty in whole or in part in the relations between itself and the defaulting State
3. SUSPENSION WITHOUT SPECIAL IMPACT - any party other than the defaulting State to invoke the breach as a ground for suspending the operation of the treaty in whole or in part with respect to itself IF the treaty is of such a character that a material breach of its provisions by one party radically changes the position of every party with respect to the further performance of its obligations under the treaty.

Effect on Treaty Provisions - without prejudice to any provision in the treaty applicable in the event of a breach.

When Invocable -if the impossibility results from the permanent disappearance or destruction of an object indispensable for the execution of the treaty.

Exception - The following requisites must concur:

1. ESSENTIAL - the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty;
2. RADICAL CHANGE - the effect of the change is radically to transform the extent of obligations still to be performed under the treaty.

Suspension - The same grounds for termination may be invoked to suspend the operation of the treaty.

Extent of Corruption - Must be substantial influence. Consent of the state must be procured directly/indirectly through the corruption.

Objective Test (Qatar v. Bahrain) - When determining the status of a treaty, an objective test is used, taking into account its actual terms and the particular circumstances in which it was made. What is controlling is the intent to create legal relations.

Requirement of Full Power (VCLOT 2) - 'Document emanating from the competent authority of a State designating a person or persons to represent a Stale for negotiating, adopting or authenticating the text of a treaty, for expressing consent of the State by a treaty, or for accomplishing any other acts with respect to a treaty

Whaling in the Antarctic - Subsequent agreements/practice cannot be binding if without the concurrence of states party to the convention or, the subject state.

Authority to Ratify - Authority to Conclude Treaties

1. GR: A person is considered as representing a State for the purpose of expressing the consent of the State to be bound by it if: he or she produces appropriate full powers, or It appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.

   
   

2. XP: Persons who, by virtue of their functions and without having to produce full powers, are considered to have such authority:

   
   

   2a. Heads of State,

   
   

   2b. heads of government, and

   
   

   2c. Ministers of Foreign Affairs;

   
   

   2d. Heads of diplomatic missions, for the purpose of adoption of the text of a treaty between the accrediting State and the State to which they are accredited;

   
   

   2e. Representatives accredited by States 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