TREATIES
- According to Article 38, there are three main sources of the law (used by the Court):
1- International treaties//conventions: establish rules accepted by contesting states (written rules
only applied when the parties have signed it)
2- International custom: as evidence of general practice accepted by the law (unwritten rules
respected and considered the ‘law’ by everyone)
3- Highly qualified writers (debated)
- Two supporting assistive and interpretive possibilities:
1- Judicial decisions
2- The general principles of law recognized by civilized nations
I) INTERNATIONAL COURT OF JUSTICE
- The principal judicial organ of the UN.
- 15 judges elected by the General Assembly and the Security Council for a 9 year term.
- Two main roles: (1) to settle legal disputes submitted by states (in accordance with IL) (2) to give
advisory opinion on how to solve a certain problem without doing anything
- Under Article 93 of the UN Charter, all UN member states are automatically parties to the ICJ
statute, but are not required to submit ant case to it except those cases which they have consented
to or promised to do so. The ICJ can only handle cases (have jurisdiction) if the countries (two
parties) involved give their consent. This permission could be in the form of official agreements
(treaties) or public statements.
II) TREATIES
- Using customary law is usually favorable because it binds all states, rather than treaties which
bind contracting parties.
- There are bilateral treaties which involve two states. They have limited obligations, its mostly
agreements like in security, trade
- Multilateral conventions/treaties include more than two states who engage in international
legislation by drafting, signing, and ratifying treaties, for the purpose of working towards
common interests, codify (make consistent) customary practice, create new rules or new
international agencies (like the ICC).
- Many treaties in International Criminal Law codify existing customary law (like for crimes) or
represent the starting point of customary law.
- The Vienna Convention of the Law of Treaties helps in understanding when a treaty starts and
ends, how to change it, what happens in case a country does not follow it, when it is terminated,
etc. it provides guidelines for the creation, interpretation, and enforcement of international
treaties.
A) Executive Agreements
- An American practice in conducting relations with other states
- Usually, when a treaty is concluded by the president or his agents (like the secretary of state), it is
submitted to the US Senate for advice and consent before it is ratified
- An executive agreement does not require the Senate’s final approval and can be ratified and
internationally binding obligation made only by the executive branch
B) Self-executing and non-self-executing treaties
- In the US, treaties may be self-executing or non-self-executing
1- Self-executing treaty: a self-executing treaty becomes domestic law in each participating
country when the Senate acts (approves?) and the president proclaims it, without
- According to Article 38, there are three main sources of the law (used by the Court):
1- International treaties//conventions: establish rules accepted by contesting states (written rules
only applied when the parties have signed it)
2- International custom: as evidence of general practice accepted by the law (unwritten rules
respected and considered the ‘law’ by everyone)
3- Highly qualified writers (debated)
- Two supporting assistive and interpretive possibilities:
1- Judicial decisions
2- The general principles of law recognized by civilized nations
I) INTERNATIONAL COURT OF JUSTICE
- The principal judicial organ of the UN.
- 15 judges elected by the General Assembly and the Security Council for a 9 year term.
- Two main roles: (1) to settle legal disputes submitted by states (in accordance with IL) (2) to give
advisory opinion on how to solve a certain problem without doing anything
- Under Article 93 of the UN Charter, all UN member states are automatically parties to the ICJ
statute, but are not required to submit ant case to it except those cases which they have consented
to or promised to do so. The ICJ can only handle cases (have jurisdiction) if the countries (two
parties) involved give their consent. This permission could be in the form of official agreements
(treaties) or public statements.
II) TREATIES
- Using customary law is usually favorable because it binds all states, rather than treaties which
bind contracting parties.
- There are bilateral treaties which involve two states. They have limited obligations, its mostly
agreements like in security, trade
- Multilateral conventions/treaties include more than two states who engage in international
legislation by drafting, signing, and ratifying treaties, for the purpose of working towards
common interests, codify (make consistent) customary practice, create new rules or new
international agencies (like the ICC).
- Many treaties in International Criminal Law codify existing customary law (like for crimes) or
represent the starting point of customary law.
- The Vienna Convention of the Law of Treaties helps in understanding when a treaty starts and
ends, how to change it, what happens in case a country does not follow it, when it is terminated,
etc. it provides guidelines for the creation, interpretation, and enforcement of international
treaties.
A) Executive Agreements
- An American practice in conducting relations with other states
- Usually, when a treaty is concluded by the president or his agents (like the secretary of state), it is
submitted to the US Senate for advice and consent before it is ratified
- An executive agreement does not require the Senate’s final approval and can be ratified and
internationally binding obligation made only by the executive branch
B) Self-executing and non-self-executing treaties
- In the US, treaties may be self-executing or non-self-executing
1- Self-executing treaty: a self-executing treaty becomes domestic law in each participating
country when the Senate acts (approves?) and the president proclaims it, without
