ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 15

Treaties that are perpetual in nature and silent on the termination or withdrawal may be revoked because of vital changes in circumstances. This is based on the principle, traditionally known as conventio omnis intelligitur rebus sic stantibus, that is, treaties are concluded under the tacit condition rebus sic stantibus (literally means “things remaining as they are”). The principle is an express or implied term in every treaty.

The preparatory work (travaux préparatoires) is, in general terms, the record of the drafting of a treaty, including the records of negotiations between the participating states and, in some cases, the records of the work of independent bodies of experts. Preparatory work may be a manifestation of the common intention of the parties to the treaty.

McNair defines treaty as “a written agreement by which two or more states or international organizations create or intend to create a relation between themselves, operating within the sphere of international law” (McNair, 1961).

The terms treaty, pact, charter, constitution, statute, convention, General Act, Final Act (when it is an independent instrument) are generally used for formal instruments of multilateral character. The terms such as memorandum of understanding, procés vérbal, arrangement, exchange of notes are used for less formal instruments and generally related to transactions of provisional or temporary nature. The terms like declarations, agreements, modus vivendi or joint communiqué are common to both formal and less formal types of agreements.

Prior to 1969, the law of treaties was mainly comprised of customary rules of international law. These rules have been codified and clarified in the 1969 Vienna Convention on the Law of Treaties

The Vienna Convention defines treaty as “an international agreement concluded between states in written form and governed by international law”

Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty:
• it should be embodied in a written instrument between two or more
entities;
• those entities should be endowed with international personality; and
• it should be governed by international law.

Quid pro quo means thatsome favor or advantage given to someone in return for something they have done

There are three main approaches to treaty
interpretation:
• Textual (ordinary meaning of the words),
• The intention of the parties,
• Teleological (the object and purpose of the treaty).

There are three main approaches to treaty
interpretation:
• Textual (ordinary meaning of the words),
• The intention of the parties,
• Teleological (the object and purpose of the
treaty).

Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty.

Modification is about inter-se agreements concluded between certain parties and it refers to varying the provisions of the treaty in their mutual relations.

An entity, to be considered a state, must have certain characteristics, such as territory, population, government, and sovereignty.

Sometimes the extent of factual dependency of one state upon another is so great that it is no more than a “puppet state.” In that case, it would not be meeting the requirement of independence, which is necessary for Statehood

In recent years, many new mini states or microstates have claimed Statehood. Entities like Andorra (under the joint protection of France and Spain), Monaco (France looks after its defense and a guarantor of its sovereignty), San Marino and Liechtenstein have survived on the European scene

Independence is crucial for Statehood, but not the size of that entity’s territory. In recent years, many new mini states or microstates have claimed Statehood.

As for Crimea, its declaration of independence from Ukraine after a referendum on March 16, 2014 and the subsequent claim and annexation by the Russian Federation on March 18, 2014 was widely criticized. The UN General Assembly, in its resolution of April 1, 2014, rejected the referendum vote and annexation

Class C mandates were the least-developed. Because of their sparse population or small size, or remoteness from the centers of civilization, or their geographical continuity to the territory of the Mandatory, they were administered under the laws of the Mandatory as integral portions of its territory. The territories concerned were: Nauru (Mandatory powers were Great Britain, Australia, and New Zealand), New Guinea (Mandatory—Australia), Western Samoa (Mandatory—New Zealand), Pacific Islands north of the Equator (Mandatory— Japan), South-West Africa (Mandatory—South Africa).

-A protectorate is always the creation of a treaty. It involves a certain measure of control, and a total or partial loss of sovereignty. In many cases, it has
involved the loss of control of foreign relations and the disappearance of the protected state from the community of nations. 

”.The European nations, during the era of colonization, had adopted different modes of protection that would serve their purposes.

The first example of an international organization is the Central Commission for Navigation on the Rhine (CCNR), which was created in 1815 by the Congress of Vienna