3. VIENNA CONVENTION ON LAW OF TREATIES
1969 AND 1986
THE WORD TREATY SHALL INCLUDE MANY OTHER RELATED TERMS
FOR THE BROADER INTERPRETATION OR MEANING OF THE WORD
TREATY
Definitions
Oppenheim - International treaties are agreements of a
contractual character between States or Organizations of States
creating legal rights and treaties.
McNair - A written agreement by which two or more States or
International organization create or intend to create relations
between themselves operating within the spheres of International
Law.
4. WORD TREATY
NOT LIMITED TO THESE WORDS
THE WORD TREATY SHAL INCLUDES (but not limited
to) THE FOLLOWING
TREATY MODES VIVENDI
AGREEMENT/CONTRACT EXCHANGE OF NOTE
ARRANGMENT STATUTES CHARTER
GENERAL ACT CONVENTION
FINAL ACT CONFERENCE COVENANT
DECLARATION PROCESS VERBAL
PACT PROTOCOL
Memorandum of Understanding (MOU) can fall into the definition of TREATy
5. TREATY
WHEN THE SUBJECT OF INTERNATIONAL LAW, ENTER INTO LEGAL
RELATIONSHIP WHICH CREATE A RIGHT OR OBLIGATION OR BOTH,
THAT INSTRUMENT OF LEGAL NATURE IS TREATY. THE NEGOTIATED
TERMS WHEN REDUCED INTO WRITING IS CALLED AS A TREATY
SUBJECTS OF INTERNATIONAL LAW ARE –
STATE
INTERNATIONAL INSTITUTIONS
PERSON (ARTIFICIAL AND NATURAL)
Eg:- TREATY OF VERSAILLES (Between Allied forces and
Germany)
8. CHARTER
United Nations Charter :- the Charter
which Constituted the UN itself is an
treaty as per the broader meaning and
scope of VCLT.
9. COVENANT
International Nations COVENANTS on Civil and
Political Right (ICCPR)
International Nations COVENANTS on Economic, Civil
and Political Rights (ICESR)
10. CONVENTION
Can have a generic term or a specific term
Eg:-
1. United Nations CONVENTION on Law of Sea (UNCLOS)
2. Vienna Convention on Law of Treaties
12. DECLARATION
DOHA Declaration
United Nationals Declaration on Human Rights –
Less Effective and will not create any legally
binding obligation on states.
13. FINAL ACT
Final Act of Vienna : - The Final Act of
the Congress of Vienna comprised all the
agreements in one great instrument
14. GENERAL ACT
THE GENERAL ACT :- The Conference of Berlin
declared the Congo River basin to be neutral
guaranteed freedom for trade and shipping for all
states in the basin
15. EXCHANGE OF NOTE
An "exchange of notes" is a record of a
routine agreement, that has many
similarities with the private law contract
16. MODES VIVENDI
A modus vivendi is an instrument recording an
international agreement of temporary or provisional
nature intended to be replaced by an arrangement of a
more permanent and detailed character. It is usually made
in an informal way, and never requires ratification.
17. PACT
SHIMLA PACT – Between INDIA and Pakistan
WARSAW PACT – Soviet Union, Poland and few other
states
18. PROTOCOL
A PROTOCOL is less formal than a Convention. May
be subsidiary to the convention.
Eg:- KYOTO PROTOCOL – Climate Change Convention
19. PROCESS VERBAL
a written record of an official proceeding; minutes
Also denoted the summary of the proceedings and
conclusions of a diplomatic conference, but is now
used as well to mean the record of the terms of
some agreement reached between the parties.
20. STATUTE
International Court of Justice (ICJ) Statute
defines the constitution, composition, nature and
function including procedure of ICJ.