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Treaties

Treaties. As a source of IL. Sources of International Law. As outlined in Article 38 of the ICJ: Conventions / treaties International custom in general practice General principles of law recognized by civilized nations Judicial decisions and writings of jurists

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Treaties

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  1. Treaties As a source of IL

  2. Sources of International Law • As outlined in Article 38 of the ICJ: • Conventions / treaties • International custom in general practice • General principles of law recognized by civilized nations • Judicial decisions and writings of jurists • Often used as a guide to find customary int’l law • Other: • Natural law • Equity • Jus cogens- peremptory norm • Resolutions of international organizations

  3. Types of treaties (sampled in text) • Military and Political alliances • Peace-making • Creation of new states • Exchange of territory • Control of international violence • Most effective: exchange of territory: • Clearly lays out “who, what, when, where, and why” • Ex: Cession of Alaska • Similar in scope to the creation of new states (Treaty of Paris, Art. I, Section 2)

  4. Effective Treaties - Characteristics • Those with specific, concrete issues • Exchange of territory • Creation of new states • Clearly defined treaties and Bilateral Treaties • Cession of Alaska • NOT: Peace of Westphalia • Mutually Beneficial treaties • Written treaties which are binding and executed fairly are more effective when common benefits are made part of the treaty

  5. Effective Treaties (continued) • Treaties that set specific rules on law (hard law) will be more effective than those trying to set norms for “preferred” outcomes (soft law) • Contract treaties also effective: • Hull-Lothian Agreement • Treaty between the Jews and Romans • Hard law, expectations clear for both parties • Kellogg-Briand Pact • “frank renunciation of war” • Vague, undefined, difficult to enforce

  6. Commitment to respect treaties • It’s in one’s own national interest to adhere to the principles set forth within a treaty • Why? --------------- • Legitimacy • Reputation • Reciprocal advantages • Fear of retaliation • Status and a sense of belonging to the international community

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