DEFINITION OF 'TREATY'

Schwarzenberger: "a treaty may be defined as a consensual

engagement which subjects of international law have
undertaken towards one another, with the intent to create legal
obligations under international law".

Oppenheim: International treaties are agreements, of a

contractual character, between states, or organisations of
states, creating legal rights and obligations between the
parties".
The Vienna Convention on the Law of Treaties, 1969

The main reference in this area of the law is the Vienna

Convention on the Law of Treaties, 1969[VCLT]
Adopted on 23 May 1969 and entered into force on 27 January
1980.
It is a combination of codification and progressive development
of international law.
Article 2
1. For the purposes of the present Convention:
a) "treaty" means an international agreement concluded
between states in written form and governed by international
law, whether embodied in a single instrument or two or more
related instruments and whatever its particular designation.
PACTA SUNT SERVANDA
It is a doctrine borrowed from the Roman and its Latin)
meaning is agreement must be kept. It has been adopted as a
basic principle for governing treaties in international law/Article
26 of the Vienna Convention on the law of Treaties says, every
treaty in force is binding upon the parties to it and must be
performed by them in good faith this is known as Pacta Sunt
Servanda It is the principle in international law which says that
international treaties should be upheld by all the signatories,
The rule of pacta sunt servanda is based upon the principle of
good the basis of good faith indicates that a party to the treaty
Cannot invoke provisions of its domestic law as a justification
for a failure to perform/The only 53 limit to pacta sunt servanda
is the peremptory norms of general international law known as
"jus cogens" which means compelling law. Anzilotti regarded,
the doctrine Pacta Sunt Servanda is

The basis of the binding force of international law Many writers

classify the maxim "Pacta Sunt Servanda" as a general principle
of law, but it is in any event not to be doubted that the rule has
all characteristics of a customary rule. The principle is regarded
as the basis of validity of a treaty.

Generally there are two types of contracts. namely-

1. Bi-Lateral Treaty: Bi-lateral treaty is between two parties

only; Where the mutual responsibility of the two states arises.

2. Multi-Lateral Treaty (Multi-Lateral Treaty): This type of treaty

is executed on the basis of consensus among many states.
Multi fortnightly agreements are further divided into two
categories –
A. Universal Treaty: Multilateral treaties which are universally
recognized and applicable or open to all states are called
universal treaties. For example, the United Nations Charter (UN
Charter).
b. Regional Treaty: These types of multilateral agreements are
executed on a regional basis. That is, an agreement made
between some states belonging to the same region of the
world. For example, SAARC Charter.
But the international agreement can be divided into two
categories in the analysis of various aspects. namely-

1. Law making Treaty

2. Treaty Contract

1. Law making treaties : The provisions of these treaties are

direct sources of international law. Such agreements
create new and fundamental codes of conduct and
principles for the contracting states. Since the mid-
nineteenth century, the legislative treaty has undergone
an incredible development. However, due to the lack of
international customs, international law was insufficient to
meet the common interest of different states
internationally. The inevitability of treaties in establishing
mutual relations between states internationally for
business and economic reasons is felt all over the world.
Legislative treaties regulate international relations. Such
agreements do not always have the nature of universally
applicable international law. Hence we are forced to divide
the legislative agreement into two parts-

a. Conventions that enshrine principles of universal

international law. For example, the UN Charter.
b. Agreements laying down general or transparent general
rules
Multilateral conventions concluded on various matters of
international importance, such as the Vienna Convention on
the Law of Treaties of 1969, the Vienna Convention on
Diplomatic Relations of 1961, the Geneva Red Cross
Conventions on War of 1949, etc., belong to the stage of
legislative treaties.
2. Contractual Agreements: Such agreements are not a direct
source of customary international law. Establishes a specific
rule only between the parties. However, the contract
agreement is customary Through development, international
law takes shape. But it becomes international law as follows-

A. When similar rules are established through treaties over

the years and when the same rules are subsequently
executed between different states - then it is assumed that it
has become international practice i.e. the contract
agreement has become universal. Jail Chattogram

b. After such an agreement has actually been executed

between several parties, the agreement acquires a general
nature if another party subsequently executes an agreement
on the same terms by option or imitation. And when similar
treaties are executed again and again, customary
international law arises. That is, the contract agreement of
public norm creating character is international law. Any
transaction or exchange agreement is a contract agreement.
Such agreements are executed between two states for
commercial purposes. However, the agreement made with
any person or institution of the state is also included in the
contract agreement. Although an agreement is concluded
through an individual or organization, it is not included in the
inter-state agreement, still the state has to take the side of
the individual or organization in the process of
implementation of the agreement. So it can be said that all
types of contracts are binding.
Not only treaties but all matters of international law were
governed by custom in ancient times. But now contracts are
fast taking the place of custom. Not only that, different
agreements are being executed on new issues based on
different international customs, but also different
international laws are being created to regulate the
agreements. And in this regard, the treaty is making an
important contribution to the development of international
law. In the global sphere, mutual exchange, dependence,
cooperation, communication, inter-state relations etc.
activities are carried out through agreements. So the basic
foundation of international relations is the treaty.

Interpretation of Treaty

Interpretation of the contract is an essential matter as it is

only through interpretation that the true purpose and
objective of the contract can be ascertained. That is, a
contract is executed by an authorized representative, under
what circumstances it is executed - in that case, the contract
must be interpreted as to what the representatives actually
intended in the provisions of the contract.
Interpretation of Treaty
Interpretation of the contract is an essential matter as it is
only through interpretation that the true purpose and
objective of the contract can be ascertained. That is, a
contract is executed by an authorized representative, under
what circumstances it is executed - in that case, the contract
must be interpreted as to what the representatives actually
intended in the provisions of the contract.
 A treaty is an expression of the state's will, but not all wills
are clear. Hence the need for contract interpretation arises
for various reasons. For example-

1. To remove ambiguity of language;

২.To prevent inconsistency between the clauses of the
contract;
3: To avoid conflicts or complications between multiple
contracts dealing with similar issues;
. To overcome the imperfection and vagueness of the
language and the difficulty of applying any particular matter
of the Agreement;

5.In the multidimensional use of language, that is, the same

word has different uses and different from country to country

6.In order to bring clarity by coordinating the meaning of the

clauses of the contract executed in the language; When
there is a dispute between the parties regarding the content
or provisions of the contract
But the above reasons are not enough. An objective
interpretation of the treaty becomes essential in order to
realize the proper purpose of the treaty and in the hope that
the treaty will be universal. Although Articles 31 to 33 of the
Vienna Convention of 1969 lay down rules on the interpretation
of treaties, it cannot be said to be a document containing
specific principles and procedures for the interpretation of
treaties. Yet there is considerable similarity in the methods and
principles followed by various states for treaty interpretation in
the international arena. That is, the parties to the agreement
interpret the agreement based on the same principles that
have evolved over the ages in the international arena and will
continue to do so. In this regard, although the nature of
interpretation of domestic law and interpretation of
international agreements are somewhat similar, the two types
of interpretation are not the same form.

Amendment: The Vienna Convention refers to three

manners to accomplish amendments to treaties. The first
manner is that a treaty may be amended by agreement
between the parties. In such a manner, the rules described
by the Vienna Convention which are related to the conclusion
and entry into force of a treaty will be applied. The second
manner is that a treaty may be amended in accordance with
the procedure laid down in the treaty itself. Multilateral
treaties, particularly those establishing international
organizations, normally provide detailed procedüre for
amendments. The Charter of the United Nations, for
example, lays down in Articles 108 and 109 the procedure for
its amendments and revision. Under these Articles such
amendments or revision shall take effect when adopted and
ratified by two-thirds of the members of the United. Nations,
including all the permanent members of the Security Council.
The third manner is that a treaty may be amended in
accordance with the basic rules of procedure described by
the Vienna Convention. The Vienna Convention specifies that
any proposed amendment must to be notified to all
contracting States. All contracting States shall have the right
to participate in the decision as to the action to be taken in
regard to such proposal, and in the negotiation and
conclusion of any agreement for the amendment of the
treaty. Every State entitled to become a party to treaty is
also entitled to become a party to the treaty as amended.
The amendment will not bind any State already a party to
the original treaty which is not a party to the amending
agreement. Any State which becomes a party to the treaty
after the entry into force of the amending agreement, unless
it intends otherwise, is considered as a party to the treaty as
amended in relation to parties bound by the amending
agreement, and as a party to the unamended treaty in
relation to any party to the treaty not bound by the
amending agreement

A Jus Cogens rule (synonym: peremptory norm) is described

in the Vienna. Convention on the law of Treaties as follows:
"...a norm accepted and recognized by the international
community of States as a whole as a norm from which no
derogation is permitted and which can be modified only by a
subsequent norm of general international law having the
same character."

Short and simple, it's a rule that is so widely accepted that

every and any State must comply with it. It is seen as
essential to international law, leaving no room for
reservations by certain actors on the international stage. An
entity can not, for example, claim to have the right to use
armed force against a state, based on the fact that it has not
signed and ratified the UN Charter. The prohibition on the
use of force is part of jus cogens, and therefore not subject
to reservations or derogations. A jus cogens rule is the
highest class of rules in the hierarchy of international law.

An erga omnes obligation is an obligation that every state

has toward the entire international community as a whole.
The nature of the rules creating erga omnes rules is such
that any state has the right to complain of a breach by
another state of said rule, because every state has an
interest in the protection of the rules that generate erga
omnes obligations. For example, a state does not need to be
directly or indirectly involved in a case of genocide in order
to be able to complain about it.
Now it might seem difficult to observe a difference. That is
because both concepts are closely related. A jus cogens rule
creates an erga omnes obligation for states to comply with a
rule. An erga omnes obligation is therefore the consequence
of a rule being characterized as jus cogens.