LLB-II PUBLIC INTERNATIONAL LAW

1. Treaties
Course: LLB II
Subject : Public International Law
Unit: 3

2. An Introduction to International Law
• International Conventions
– Law of Treaties
• An international agreement concluded between
States in written form and governed by international
law, whether embodied in a single instrument or in
two or more related instruments and whatever its
particular designation
– Art. 2 (1) (a) Vienna Convention on the Law of Treaties,
1969.

3. An Introduction to International Law
• Multilateral Treaty
– Existence of more than two parties
• Bilateral Treaty
– Between two parties
• Regional Treaty
– Between parties in the same region

4. An Introduction to International Law
• Variety of Designations
– Treaties, Agreements, Acts, Conventions, Declarations,
Protocols.
– The designation alone does not affect the binding force of
the instruments or its characterization as a treaty.
• Convention on Biological Diversity
• Cartagena Protocol on Biosafety
• United Nations Framework Convention on Climate Change
• Kyoto Protocol

5. An Introduction to International Law
• Adoption of a treaty
– The states draw up a text
– The expression of agreement with the text is known as
adoption of a treaty.
• 1.The adoption of the text of a treaty takes place by the consent of
all the States participating in its drawing up except as provided in
paragraph 2.
• 2.The adoption of the text of a treaty at an international
conference takes place by the vote of two thirds of the States
present and voting, unless by the same majority they shall decide
to apply a different rule (Art. 9 Vienna Convention)

6. An Introduction to International Law
• Signature
– Expresses the consent of the state to be bound by
the treaty.
– It may be subject to ratification

7. An Introduction to International Law
• Ratification
– “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.

8. An Introduction to International Law
• Reasons for ratification
– States need time before they feel able to commit
themselves to it.
– The constitutions may provide for a mechanism
for undertaking international obligations
– Needs time to enact the enabling legislations.

9. An Introduction to International Law
• Refusal of ratification
– The ultimate right to refuse to ratify is not
impaired
– A sate cannot sign a treaty and subsequently
conduct itself as if it had no connection with it or
as if its signature were a mere act of
authentication.

10. An Introduction to International Law
A State is obliged to refrain from acts which would defeat the
object and purpose of a treaty when:
(a) 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
– (b) it has 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.
Art. 18 Vienna Convention.

11. An Introduction to International Law
• International Custom
• One of the primary sources of international
law
• Two elements
– State practice
– Acceptance of the practice as obligatory
• Opinio juris

12. An Introduction to International Law
• State Practice
– Common and consistent
– Uniform practice is not necessary
– Sufficient degree of participation
– No substantial dissent
– Persistent objector

13. An Introduction to International Law
• Opinio juris
– Feeling of obligation
– Legality of the use of nuclear weapons (1996)

14. An Introduction to International Law
• Implementation at the Domestic Level
– Article 51 DPSP
• Promotion of International Peace and Security

15. An Introduction to International Law
• Article 253
– Power of the Parliament to enact a legislation on a
matter listed in the State list
• For implementing an international convention
– The Environmental Protection Act, 1986
– The Biological Diversity Act, 2002.

16. Thank You