The law of treaties - The treaty as a concept under international law

4 important questions on The law of treaties - The treaty as a concept under international law

In which cases does the VLCT apply?

Only in treaties between states and in written form, where as long as the instrument in question testifies to an intention to create rights and obligations under international law.

What is a treaty?

An international agreement governed by international law concluded by two or more international subjects with treaty-making capacity. The legal basis is consent.

What is the legal basis of a treaty and what affects this?

The legal basis of a treaty is state consent, which gives the consequence of pacta sunt servanda; the state is bound by the treaty and should comply with the terms (art. 34 and 26 VLCT)

When is something a (legally binding) treaty?

Intention is leading. Can be derived from terminology and the form of the instrument. Does not take much for an agreement to be considered legally binding.

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