International-Law国际法2.ppt

International Law (II) Gao Lin Chapter 5International law of Treaties 1. Introduction Treaties performs a variety of function on the international plane that in national law are performed by many different types of legal acts and instruments, including constitutions, laws of general applicability, contracts, deeds, trust agreements, corporate charters, etc. Chapter 5International law of Treaties Treaties serve as the constitutions of international organization, they can be a source of general international law, and they are used to transfer territory, to regulate commercial relations, to settle disputes, to protect human rights, to guarantee investments, and so on. Chapter 5International law of Treaties The term “treaty”, as used on the international plane, describes international agreements in general, whether they be denominated conventions, pacts, covenants, charters, protocols, etc. These different names have no legal significance; the same legal rules apply to one as to the other. Chapter 5International law of Treaties The international law of treaties has been codified to a large extent in the Vienna Convention on the Law of Treaties (VCLT), May 23, 1969. The VCLT entered into force in Jan.27, 1980 and has been ratified by many states. Chapter 5International law of Treaties Its authoritative character as law, even for states not parties to it, derives from the fact that it is now generally accepted that most of its provisions are declaratory of the customary international law of treaties. Chapter 5International law of Treaties 2. Definition and Conclusion of Treaties (1) Definition Treaties, whether bilateral or multilateral, are defined somewhat circuitously as agreements governed by international law. Chapter 5International law of Treaties Since it is international law which applies to relations between and among the subjects of international law, it follows that agreements which they conclude with one another are treaties. Some agreements enter