Q.1 Define treaty.
Discuss different steps of formation of treaty and explain how
treaties are terminated.
### Definition of a Treaty
A treaty is a formal and legally binding agreement between two or more sovereign
states or international organizations. Treaties can cover a wide range of subjects,
including trade, defense, environmental protection, human rights, and many other
aspects of international relations. They serve as a means for states to codify
their mutual rights and obligations, and they are governed by international law.
### Steps in the Formation of a Treaty
The formation of a treaty typically involves several key steps:
1. **Negotiation**:
- The parties involved engage in discussions to draft the terms of the treaty.
This stage involves bargaining and can take months or years depending on the
complexity of the issues at hand.
- It may involve multiple rounds of negotiations, consultations with legal
experts, and the involvement of diplomats.
2. **Signature**:
- Once the terms are agreed upon, the representatives of the parties may sign
the treaty. However, signing does not yet create a legal obligation; it indicates
an intention to finalize the treaty.
- In some cases, the signature may indicate provisional application of the
treaty until it enters into force.
3. **Ratification**:
- After signing, each party must take domestic legal steps to ratify the treaty,
which usually involves approval by the government or legislative body (such as a
parliament).
- Different countries have different processes for ratification, which can
include votes, discussions, or other formalities.
4. **Entry into Force**:
- A treaty may specify conditions under which it enters into force, such as a
specific date or the completion of the ratification process by a certain number of
parties.
- An "entry into force" clause outlines when the treaty becomes legally binding
for the parties involved.
5. **Implementation**:
- Parties may need to adopt domestic legislation or regulations to implement the
provisions of the treaty effectively.
- Implementation can involve administrative measures, changes to laws, and
allocation of resources to ensure compliance.
### Termination of Treaties
Treaties may be terminated or suspended through various means, including:
1. **Mutual Agreement**:
- The parties may mutually agree to terminate or modify the treaty. This may
involve negotiations similar to those that occurred during the creation of the
treaty.
2. **Expiration**:
- Some treaties are established for a fixed duration and automatically expire
after a specified period, unless renewed.
3. **Violation**:
- A party may terminate a treaty if another party is in breach of its
obligations, provided that the breach is serious and the aggrieved party follows
the procedures outlined in the treaty or customary international law.
4. **Circumstances Out of Control**:
- A treaty may terminate due to supervening impossibility of performance (e.g.,
a natural disaster makes the fulfillment of treaty obligations impossible) or
fundamental change of circumstances that radically alters the obligations
established by the treaty.
5. **Withdrawal**:
- Many treaties contain provisions allowing for a party to withdraw under
specific conditions. The withdrawing party must typically provide notice to the
other parties.
6. **Denunciation**:
- A party may formally denounce a treaty under its provisions, which typically
involves giving notice of intent to withdraw and may have specified timelines.
### Conclusion
Treaties are crucial instruments in international law that facilitate cooperation
and codify relationships between states. The process of forming a treaty involves
negotiation, signature, ratification, and implementation, while termination can
occur through mutual consent, expiration, or other specified conditions.
Understanding the lifecycle of a treaty is fundamental to grasping the complexities
of international relations and law.
