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Public International Law 1 Dersi 3. Ünite Sorularla Öğrenelim

Law And Practice Of Treaties

1. Soru

What are the common points that different definitions of treaty share?

Cevap

The fact that they are international, that they are signed between states (or organizations of states) and that they are (written) agreements.


2. Soru

In what forms can a treaty be made?

Cevap

A treaty may be in the form of an agreement between the heads of states of the concerned countries, in an inter-governmental form, between ministers of the respective countries, or it may be an inter-departmental agreement.

 

3. Soru

What characteristics should an agreement have to be considered a treaty?

Cevap
  • it should be embodied in a written instrument between two or more entities;

  • those entities should be endowed with international personality;

  • it should be governed by international law.


4. Soru

What are the steps involved in the making of treaties?

Cevap

The making of treaties involves various steps, viz., consultation, negotiation and adoption of the text, commencement of treaty, ratification, accession, adhesion etc.


5. Soru

What is full powers?

Cevap

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.


6. Soru

Who are empowered to sign a treaty on behalf of a state without having to produce full powers to that effect?

Cevap

Heads of states, heads of governments, ministers for foreign affairs, heads of diplomatic missions, and representatives accredited to international conferences or organizations are considered to represent the state ex officio (by virtue of their position). Therefore, they are empowered to sign a treaty on behalf of a state without having to produce full powers to that effect. 


7. Soru

What is meant by deferred signatures?

Cevap

Deferred signatures generally denotes that the negotiated text was not fully acceptable to the signatory state at the time of authentication; and moreover, they are without any legal effect unless confirmed subsequently by the state.


8. Soru

What is the first step for a state in making a treaty?

Cevap

As a first step towards the conclusion of treaty is the negotiation and adoption of the text. Once the state decides to enter into a treaty relationship, it appoints the representatives to negotiate the text of the treaty. These representatives should be duly empowered through “full powers”.


9. Soru

When does a treaty commence?

Cevap

A state may express its consent to be bound by a treaty by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means agreed between the parties.


10. Soru

What is ratification?

Cevap

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. 

Ratification presupposes signing of a treaty by the duly appointed plenipotentiary (person having full powers). Generally, there is no prescribed time limit for ratification and states usually take many years before ratifying the treaty.


11. Soru

What is accession and how does it work?

Cevap

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.


12. Soru

When does a treaty enter into force?

Cevap

Entry into force of a treaty is entirely dependent upon the agreement between negotiating States (Art. 24/1). They may prescribe the manner and the date for its coming into force. They may agree that the treaty shall be effective immediately after signature, or at some fixed time, i.e., 30, 60 or 90 days after the prescribed number of ratifications or accessions is deposited, or on the happening of a certain event.


13. Soru

What is a reservation in international law?

Cevap

A reservation is a unilateral statement made by a state at the time of signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state.


14. Soru

What is the rationale behind reservation?

Cevap

The rationale behind reservation is that a state which is unable to fulfill its treaty obligations in totality because of certain constraints should be allowed to do so, even if in a limited way, provided that the reservation does not materially affect the basic provisions of the treaty.


15. Soru

What are the three different opinions regarding the validity of a state’s consent for non-compliance with a requirement of municipal law on treaty making?

Cevap

  • A treaty becomes voidable in contravention of constitutional limitations;
  • A state contesting the validity of a treaty on constitutional grounds may invoke only those provisions of the constitution which are notorious;
  • Once the state has expressed its consentto be bound by the treaty through oneof the established procedures under its constitutional law, the state is bound by the treaty in international law.


16. Soru

What are the situations that makes a treaty invalid?

Cevap

  • Violation of domestic law on treaty making
  • Error
  • Fraud or corruption of the state representative
  • Coercion
  • Conflict with a norm of jus cogens


17. Soru

How are treaties terminated?

Cevap

Treaties are liable to be terminated or suspended either in accordance with the will of the parties or by the operation of any rule of law.


18. Soru

What are the three main approaches to treaty interpretation?

Cevap
  • Textual (ordinary meaning of the words),

  • The intention of the parties,

  • Teleological (the object and purpose of the

    treaty).


19. Soru

What is the difference between amendment and revision of treaties?

Cevap

Amendment is related to the individual provisions of a treaty, whereas revision concerns with the general review of the whole treaty.


20. Soru

Modification of multilateral treaties is not permitted if ...

Cevap
  • the modification in question is prohibitedby 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 thetreaty as a whole


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