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A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations, precision, and delegation.
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states; the VCLT is a codification of customary international law and state practice concerning treaties.
A peremptory norm is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted.
In international relations, multilateralism refers to an alliance of multiple countries pursuing a common goal.
Bilateralism is the conduct of political, economic, or cultural relations between two sovereign states. It is in contrast to unilateralism or multilateralism, which is activity by a single state or jointly by multiple states, respectively. When states recognize one another as sovereign states and agree to diplomatic relations, they create a bilateral relationship. States with bilateral ties will exchange diplomatic agents such as ambassadors to facilitate dialogues and cooperations.
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.
A tax treaty, also called double tax agreement (DTA) or double tax avoidance agreement (DTAA), is an agreement between two countries to avoid or mitigate double taxation. Such treaties may cover a range of taxes including income taxes, inheritance taxes, value added taxes, or other taxes. Besides bilateral treaties, multilateral treaties are also in place. For example, European Union (EU) countries are parties to a multilateral agreement with respect to value added taxes under auspices of the EU, while a joint treaty on mutual administrative assistance of the Council of Europe and the Organisation for Economic Co-operation and Development (OECD) is open to all countries. Tax treaties tend to reduce taxes of one treaty country for residents of the other treaty country to reduce double taxation of the same income.
A secret treaty is a treaty in which the contracting state parties have agreed to conceal the treaty's existence or substance from other states and the public. Such a commitment to keep the agreement secret may be contained in the instrument itself or in a separate agreement.
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.
The Vienna Convention on Succession of States in Respect of Treaties is an international treaty opened for signature in 1978 to set rules on succession of states. It was adopted partly in response to the "profound transformation of the international community brought about by the decolonization process". It entered into force on 6 November 1996, which was triggered by the succession of the Republic of Macedonia to the treaty giving it the requisite 15 parties.
An international environmental agreement or sometimes environmental protocol, is a type of treaty binding in international law, allowing them to reach an environmental goal. In other words, it is "an intergovernmental document intended as legally binding with a primary stated purpose of preventing or managing human impacts on natural resources."
A mutual legal assistance treaty (MLAT) is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws. A mutual legal assistance request is commonly used to formally interrogate a suspect in a criminal case, when the suspect resides in a foreign country.
The United Nations Convention on Contracts for the International Sale of Goods (CISG), sometimes known as the Vienna Convention, is a multilateral treaty that establishes a uniform framework for international commerce. As of May 2023, it has been ratified by 95 countries, representing two-thirds of world trade.
A reservation in international law is a caveat to a state's acceptance of a treaty. A reservation is defined by the 1969 Vienna Convention on the Law of Treaties (VCLT) as:
a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State.
International law is the set of rules, norms, and standards generally recognised as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations, precision, and delegation.
A bilateral treaty is a treaty strictly between two state entities. It is an agreement made by negotiations between two parties, established in writing and signed by representatives of the parties. Treaties can span in substance and complexity, regarding a wide variety of matters, such as territorial boundaries, trade and commerce, political alliances, and more. The agreement is usually then ratified by the lawmaking authority of each party or organization. Any agreement with more than two parties is a multilateral treaty. Similar to a contract, it is also called a contractual treaty. As with any other treaty, it is a written agreement that is typically formal and binding in nature.
The Treaty Clause of the United States Constitution establishes the procedure for ratifying international agreements. It empowers the President as the primary negotiator of agreements between the United States and other countries, and holds that the advice and consent of a two-thirds supermajority of the Senate renders a treaty binding with the force of federal law.
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
A plurilateral agreement is a multi-national legal or trade agreement between countries. In the jargon of global economics, it is an agreement between more than two countries, but not a great many, which would be multilateral agreement.
In international law, a depositary is a government or organization to which a multilateral treaty is entrusted. The principal functions of a depositary are codified in Article 77 of the Vienna Convention on the Law of Treaties.