ULUSLARARASI KAMU HUKUKU I

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

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 (Art. 2(1)/c, Vienna Convention)

Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty” (Art. 2(1)/b, Vienna Convention). Ratification is an act of government to approve the treaty in question.

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

Violation of domestic law, Error, Fraud and corruption of the state representative, and Coercion are among the reasons that might lead a treaty become invalid

A treaty is void ab initio (from the beginning), if at the time of its conclusion it conflicts with a peremptory norm of general international law, i.e., jus cogens (Art. 53). “If a new peremptory norm of general international law emerges, any
existing treaty which is in conflict with that norm becomes void and terminates” (Art. 64). Thus, a treaty is void if it is in contradiction with the existing or new jus cogens.

A material breach refers to “the violation of a provision essential to the accomplishment of the object or purpose of a treaty” (Art. 60/3(b)).

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).

The concepts of amendment, revision, and modification connote the process of altering the provisions of treaties. Amendment is related to the individual provisions of a treaty

The concepts of amendment, revision, and modification connote the process of altering the provisions of treaties. Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty. The correct answer is A.

The concepts of amendment, revision, and modification connote the process of altering the provisions of treaties. Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty. The correct answer is B.

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

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. However, such an agreement is not permitted if:

• the modification in question is prohibited by the treaty, or

• it affects the rights and obligations of other parties under the treaty, or

• it relates to a provision, derogation from which is incompatible with the effective execution of the object and purpose of the treaty as a whole (Art. 41). The correct answer is D.

According to Oppenheim, international treaties are agreements, of a contractual character, between states or organizations of states, creating legal rights and obligations between the parties (Oppenheim, vol. I, 1992). The Vienna Convention defines treaty as “an international agreement concluded between states in written form and governed by international law” (Art. 2(1)/a). Thus, every treaty is an agreement, but not all agreements are treaties. The correct answer is E.

Ratification is the international act whereby “a State establishes on the international plane its consent to be bound by a treaty” (Art. 2(1)/b, Vienna Convention). Ratification is an act of government to approve the treaty in question. Treaty becomes binding on the state after ratification. The correct answer is A.

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. The correct answer is B.

A treaty becomes void if its conclusion was procured by the threat or use of force in violation of the principles of the UN Charter. Coercion can be of a state’s representative (Art. 51) or of a state (Art. 52). The use of coercion against the representative of a state for the purposes of procuring the conclusion of a treaty would be a serious matter that is sufficient to declare the treaty devoid of any legal consequence. In practice, sometimes it becomes difficult to make a distinction between the coercion directed at a state or its representative. The correct answer is B.

Article 48 the Vienna Convention considers error or mistake a reason to invalidate a treaty. The state practice, however, is scanty in this regard. All the recorded instances in which errors were alleged to have invalidated certain treaties were related to geographical errors, and mostly errors in maps. Both the ICJ and the PCIJ have had the occasion to consider the pleas of error, which were rejected. This is evident in the Temple of Preah Vihear case (Cambodia v. Thailand, 1962) and the Mavrommatis case (Greece v. United Kingdom, 1924). The correct answer is D.

According to the Vienna Convention, only a material breach entitles a party to withdraw from a treaty. A material breach refers to “the violation of a provision essential to the accomplishment of the object or purpose of a treaty” (Art. 60/3(b)). The correct answer is E.