Multilateral Treaties
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Multilateral Treaties
A multilateral treaty is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations. Examples of multilateral treaties include the Convention Relating to the Status of Refugees, the United Nations Convention on the Law of the Sea, the Geneva Conventions, and the Rome Statute of the International Criminal Court. Relationship to bilateral treaties A bilateral treaty is a treaty between two states. A bilateral treaty may become a multilateral treaty when additional new parties succeed or accede to it. Plurilateral treaties A plurilateral treaty is a special type of multilateral treaty. A plurilateral treaty is a treaty between a limited number of states with a particular interest in the subject of the treaty. The primary difference between a plurilateral treaty and other multilateral treaties is that the availability of reservations is more limited under a plurilater ...
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Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states a ..., individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply ...
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Sovereign State
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined territory (see territorial disputes), one government, and the capacity to enter into International relations, relations with other sovereign states. It is also normally understood that a Sovereignty#Sovereignty and independence, sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being Diplomatic recognition, recognised by other sovereign states.Thomas D. Grant, ''The recognition of states: law and practice in debate and evolution'' (Westport, Connecticut: Praeger, 1999), chapter 1. List of states with limited recognition, Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in Diplomacy, diplomatic relations with other sovereign ...
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Reservation (law)
A reservation in international law is a caveat to a state's acceptance of a treaty. A reservation is defined by the 1969 Vienna Convention on the Law of Treaties (VCLT) as: a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. (''Article 2 (1)(d))'' In effect, a reservation allows the state to be a party to the treaty, while excluding the legal effect of that specific provision in the treaty to which it objects. States cannot take reservations after they have accepted the treaty; a reservation must be made at the time that the treaty affects the State. The Vienna Convention did not create the concept of reservations but codified existing customary law. Thus even States that have not formally acceded to the Vienna Convention act as if they had. As reservations ar ...
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Convention Relating To The Status Of Refugees
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention. The Refugee Convention builds on Article 14 of the 1948 Universal Declaration of Human Rights, which recognizes the right of persons to seek asylum from persecution in other countries. A refugee may enjoy rights and benefits in a state in addition to those provided for in the Convention. The rights created by the Convention generally still stand today. Some have argued that the complex nature of 21st century refugee relationships calls for a new ...
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United Nations Convention On The Law Of The Sea
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 countries and the European Union are parties. The Convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982. UNCLOS replaced the four treaties of the 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after Guyana became the 60th nation to ratify the treaty. It is uncertain as to what extent the Convention codifies customary international law. While the Secretary-General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the United Nations Secretariat has no direct operational role in the implementation of the Convention. A UN specialized agenc ...
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Geneva Conventions
upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Convention'' usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners (civilians and military personnel), established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone; moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventions concern only prisoners and non-combatants in war; they do not address the use of weapons of war, whic ...
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Rome Statute Of The International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the Rome Conference for an International Criminal Court''. The American Society of International Law. Retrieved on 31 January 2008. and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute. Among other things, the statute establishes the court's functions, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves; the jurisdiction of the court is complement ...
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Bilateral Treaty
A bilateral treaty (also called a bipartite treaty) is a treaty strictly between two Sovereign state, state entities. It is an agreement made by negotiations between two parties, established in writing and signed by representatives of the parties. Treaties can span in substance and complexity, regarding a wide variety of matters, such as territorial boundaries, trade and commerce, political alliances, and more. The agreement is usually then ratified by the lawmaking authority of each party or organization. Any agreement with more than two parties is a multilateral treaty. Similar to a contract, it is also called a contractual treaty. As with any other treaty, it is a written agreement that is typically formal and binding in nature. Involved Parties These two parties can be two nations, or two international organizations, or one nation and one international organization, or two persons. It is possible for a bilateral treaty to involve more than two parties; for example, each of ...
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Succession Of States
Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th-century diplomacy. A successor state often acquires a new international legal personality, which is distinct from a continuing state, also known as a continuator or historical heir, which despite change to its borders retains the same legal personality and possess all its existing rights and obligations (such as a rump state). Partial and universal state succession A state succession can be characterized as either being ''universal'' or ''partial''. A universal state succession occurs when one state is completely extinguished and its sovereignty is replaced by that of one or more successor states. A partial state succession occurs when the state continues to exist after it has lost control of a part of its territory. An example of a par ...
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Ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deliberati ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Vienna Convention On The Law Of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. An international treaty is a written agreement between international law subjects reflecting their consent to the creation, alteration, or termination of their rights and obligations. The VCLT is considered a codification of customary international law and state practice concerning treaties. The convention was adopted and opened to signature on 23 May 1969,untreaty.un.org''Law of treaties'', International Law Commission, last update: 30 June 2005. Consulted on 7 December 2008.Vienna Conventio ...
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