WELL WRITTEN SUMMARY ON LAW
OF INTERNATIONAL
ORGANISATIONS
Article 5 VCLT
-Law of Treaties: The present Convention applies to any
treaty which is the constituent instrument of an
international organization and to any treaty adopted within
an international
organization without prejudice to any relevant rules of the
organization
Art 40 and 41 VCLT
40: Any proposal to amend a multilateral treaty as
between all the parties must be notified
to all the contracting States, each one of which shall have
the right to take part in:
(a) the decision as to the action to be taken in regard to
such proposal;
(b) the negotiation and conclusion of any agreement for
the amendment of the treaty
41: two or more of the parties to a multilateral treaty
may conclude an agreement to modify the treaty as
between themselves alone if:
(a) the possibility of such a modification is provided for by
the treaty; or
(b) the modification in question is not prohibited by the
treaty and:
,(i) does not affect the enjoyment by the other parties of
their rights under the
treaty or the performance of their obligations;
(ii) does not relate to a provision, derogation from which is
incompatible with
the effective execution of the object and purpose of the
treaty as a whole.
Article 41 UN charter
The Security Council may decide what measures not
involving the use of armed force are to be employed to
give effect to its decisions, and it may call upon the
Members of the United Nations to apply such measures.
Article 31 VCLT
general rule of interpretation is set out in Article 31 VCLT
which provides:
PP8
1. A treaty shall be interpreted in good faith in accordance
with the ordinary meaning
to be given to the terms of the treaty in their context and in
the light of its object and
purpose.
2. The context for the purpose of the interpretation of a
treaty shall comprise, in
addition to the text, including its preamble and annexes:
(a) any agreement relating to the treaty which was made
between all the parties in
connection with the conclusion of the treaty;
(b) any instrument which was made by one or more
parties in connection with the
conclusion of the treaty and accepted by the other parties
as an instrument related to
,the treaty.
3. There shall be taken into account, together with the
context:
(a) any subsequent agreement between the parties
regarding the interpretation of the
treaty or the application of its provisions;
(b) any subsequent practice in the application of the treaty
which establishes the
agreement of the parties regarding its interpretation;
(c) any relevant rules of international law applicable in the
relations between the
parties.
4. A special meaning shall be given to a term if it is
established that the parties so
intended
South-West Africa- Voting Procedure (1955)
"[a] proper interpretation of a constitutional instrument
must
take into account not only the formal letter of the original
instrument, but also its operation in
actual practice and in the light of the revealed tendencies
in the life of the organization."
Article 32 VCLT
deals with supplementary
means of interpretation and provides:
Recourse may be had to supplementary means of
interpretation, including the
preparatory work of the treaty and the circumstances of its
conclusion, in order to
confirm the meaning resulting from the application of
article 31, or to determine the
, meaning when the interpretation according to article 31:
(a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or
unreasonable.
Article 56 VCLT
-One of the failings of the League of Nations was the
withdrawal of various countries (it was
placed in the first article of the Covenant) and it is
noticeable that the UN Charter contains no
such provision.
- 1. A treaty which contains no provision regarding its
termination, and which does not
provide for denunciation or withdrawal is not subject to
denunciation or withdrawal
unless:
(a) it is established that the parties intended to admit the
possibility of denunciation or
withdrawal; or
(b) a right of denunciation or withdrawal may be implied by
the nature of the treaty.
2. A party shall give not less than twelve months' notice of
its intention to denounce
or withdraw from a treaty under paragraph 1
1986 Vienna Convention
Article 52 UN charter
-Nothing in the present Charter precludes the existence of
regional arrangements or
agencies for dealing with such matters relating to the
maintenance of international
peace and security as are appropriate for regional action,
provided that such
OF INTERNATIONAL
ORGANISATIONS
Article 5 VCLT
-Law of Treaties: The present Convention applies to any
treaty which is the constituent instrument of an
international organization and to any treaty adopted within
an international
organization without prejudice to any relevant rules of the
organization
Art 40 and 41 VCLT
40: Any proposal to amend a multilateral treaty as
between all the parties must be notified
to all the contracting States, each one of which shall have
the right to take part in:
(a) the decision as to the action to be taken in regard to
such proposal;
(b) the negotiation and conclusion of any agreement for
the amendment of the treaty
41: two or more of the parties to a multilateral treaty
may conclude an agreement to modify the treaty as
between themselves alone if:
(a) the possibility of such a modification is provided for by
the treaty; or
(b) the modification in question is not prohibited by the
treaty and:
,(i) does not affect the enjoyment by the other parties of
their rights under the
treaty or the performance of their obligations;
(ii) does not relate to a provision, derogation from which is
incompatible with
the effective execution of the object and purpose of the
treaty as a whole.
Article 41 UN charter
The Security Council may decide what measures not
involving the use of armed force are to be employed to
give effect to its decisions, and it may call upon the
Members of the United Nations to apply such measures.
Article 31 VCLT
general rule of interpretation is set out in Article 31 VCLT
which provides:
PP8
1. A treaty shall be interpreted in good faith in accordance
with the ordinary meaning
to be given to the terms of the treaty in their context and in
the light of its object and
purpose.
2. The context for the purpose of the interpretation of a
treaty shall comprise, in
addition to the text, including its preamble and annexes:
(a) any agreement relating to the treaty which was made
between all the parties in
connection with the conclusion of the treaty;
(b) any instrument which was made by one or more
parties in connection with the
conclusion of the treaty and accepted by the other parties
as an instrument related to
,the treaty.
3. There shall be taken into account, together with the
context:
(a) any subsequent agreement between the parties
regarding the interpretation of the
treaty or the application of its provisions;
(b) any subsequent practice in the application of the treaty
which establishes the
agreement of the parties regarding its interpretation;
(c) any relevant rules of international law applicable in the
relations between the
parties.
4. A special meaning shall be given to a term if it is
established that the parties so
intended
South-West Africa- Voting Procedure (1955)
"[a] proper interpretation of a constitutional instrument
must
take into account not only the formal letter of the original
instrument, but also its operation in
actual practice and in the light of the revealed tendencies
in the life of the organization."
Article 32 VCLT
deals with supplementary
means of interpretation and provides:
Recourse may be had to supplementary means of
interpretation, including the
preparatory work of the treaty and the circumstances of its
conclusion, in order to
confirm the meaning resulting from the application of
article 31, or to determine the
, meaning when the interpretation according to article 31:
(a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or
unreasonable.
Article 56 VCLT
-One of the failings of the League of Nations was the
withdrawal of various countries (it was
placed in the first article of the Covenant) and it is
noticeable that the UN Charter contains no
such provision.
- 1. A treaty which contains no provision regarding its
termination, and which does not
provide for denunciation or withdrawal is not subject to
denunciation or withdrawal
unless:
(a) it is established that the parties intended to admit the
possibility of denunciation or
withdrawal; or
(b) a right of denunciation or withdrawal may be implied by
the nature of the treaty.
2. A party shall give not less than twelve months' notice of
its intention to denounce
or withdraw from a treaty under paragraph 1
1986 Vienna Convention
Article 52 UN charter
-Nothing in the present Charter precludes the existence of
regional arrangements or
agencies for dealing with such matters relating to the
maintenance of international
peace and security as are appropriate for regional action,
provided that such
