ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 5

Two or more parties to a multilateral treaty, subject to the provisions of the treaty itself and by giving notice to other parties, can conclude an agreement to modify the treaty between themselves if the treaty does not affect the rights and obligations of other parties under the treaty.

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.

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.

Full powers is  a formal document emanating from the competent authority of a state designating a person or persons to represent the state for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the state to be bound by a treaty, or for accomplishing any other act with respect to a treaty.Before the start of the formal negotiations of a treaty, normally there is a reciprocal examination of the full powers in order to avoid any trouble resulting from negotiation with a representative, not duly authorized to negotiate. Through the conclusion of less formal agreements between the departments of two governments, the practice of production of full powers by states is now increasingly dispensed with.

Accession, adhesion or adherence is a method by which a state becomes a party to a treaty of which it is not a signatory. Under the earlier practice, accession could be made only after the treaty had come into force. According to present practice, a non-signatory state may accede before or after the treaty has come into force.

According to the traditional approach, a state making reservation (the reserving state) can do so only with the consent of other contracting parties. The application of this principle is not difficult in the case of a bilateral treaty or with limited membership. However, it carries some problems with regard to multilateral treaties. In this case, without the consent of all the parties to a multilateral treaty, reservation will be null and void.

Jus cogens literally means “compelling law.” It designates norms from which no derogation is permitted by way of particular agreements. It stems from the idea already known in Roman law that certain legal rules cannot be contracted out

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

The “context” has been used in a wider sense, including the background of the treaty and not confined merely to the text of the treaty. In addition to the text, the context for the purpose of the interpretation of a treaty shall comprise, including its preamble and annexes, any agreement relating to the treaty made between all the parties in connection with the conclusion of the treaty. It will also include any instrument that was made by one or more parties in connection with the conclusion of the treaty and accepted by other parties

A party to a treaty may be discharged from its obligations, or a treaty may be terminated due to a supervening impossibility. This may result from “the permanent disappearance or destruction of an object indispensable for the execution of the treaty.”

The terms like declarations, agreements, modus vivendi or joint communiqué are common
to both formal and less formal types of agreements.

Andorra is an example of mini- (or micro-) states.

Colonies, protectorates, trusteeship, and mandate territories are types of non-self-governing territories.

The Frontier Dispute case confirms that the principle of self-determination now forms part of the customary international law.

The Central Commission for Navigation on the Rhine is the first example of an international organization established in 1815 by the Congress of Vienna.

The most important characteristic of the international personality of an entity is its treaty-making power.

Hans Kelsen primarily champions the view that considers individuals alone as subjects of international law

The International Criminal Court was established in 2002 to try individuals for crimes enlisted in the Rome Statute.

It is through recognition that a state expresses its approval of the new state or the new government.

De facto recognition is conditional, temporary and provisional.