According to the definition provided by the International Law Commission (ILC), a treaty is any agreement that is formulated in written form, which may consist of a single instrument or multiple separate instruments, made by two or more states or other subjects of international law, and governed by international law, regardless of the terminology used. In accordance with the 1969 Vienna Convention, an international agreement is a written agreement between states governed by international law, whether formulated in a single or multiple interconnected instruments, irrespective of the name given to the agreement. Article 1, paragraph 1 of Law No. 24 of 2000 concerning International Treaties defines an international treaty as an agreement that is formulated in a specific form and name, governed by international law, and written, creating rights and obligations within the field of public law.
Classification of International Treaties
Based on their subject matter: Political, Economic, Legal, Territorial, Health
Based on the process:
- Three stages (important): negotiation, signing of the treaty, and ratification of the international treaty.
- Two stages (simplified): without the ratification process.
Based on the subjects involved:
- Bilateral treaties (between two countries), such as Spain-Italy Tourism Agreement.
- Multilateral treaties, involving several countries, further divided into regional and universal. An example of a regional treaty is AFTA (ASEAN Free Trade Area), which governs free trade among ASEAN countries to enhance economic cooperation.
Based on the legal consequences:
- Law-making treaties: Treaties that establish legal provisions for the international community in general, such as trade agreements.
- Treaty contracts: Treaties that function like contracts, creating rights and obligations only between the parties involved, such as the 1949 Geneva Conventions.
System of Ratification of International Agreements
- Ratification by the State Executive Body: The authority to ratify international agreements is generally vested in the head of state, as observed in nations adhering to absolute monarchical systems.
- Ratification by the State Legislative Body: The power to conclude treaties resides with the legislative institution of the state, as exemplified by the constitutional framework of Turkey.
- Mixed System: The ratification process entails collaboration between the executive and legislative branches. Under this system, the executive body is empowered to negotiate and conclude treaties, while the binding effect or implementation of such agreements requires subsequent approval by the legislative body.
Validity of International Agreements
The 1969 Vienna Convention does not prescribe specific criteria for the validity of international agreements. However, it delineates grounds upon which a treaty may be deemed invalid, namely:
- Incapacity of a party to conclude a treaty;
- Error;
- Fraud;
- Corruption;
- Coercion;
- Conflict with a peremptory norm of international law (ius cogens).
Termination of International Agreements
Termination by Operation of Law:
- Extinction of the treaty’s subject matter;
- Outbreak of war between the parties;
- Material breach by one party entitling the other parties to terminate the agreement;
- Disappearance of an object indispensable for the execution of the treaty;
- Fundamental change of circumstances prevailing at the time of the treaty’s conclusion (the doctrine of rebus sic stantibus).
Termination by Acts of State Parties:
- Withdrawal by one party with the consent of the other parties;
- Denunciation: formal notification by a state expressing its intention to withdraw from the treaty.
International agreements play a pivotal role in sustaining inter-state relations across diverse domains, including politics, economics, and law. The formulation of such agreements must adhere to established procedural frameworks to ensure their legal validity and binding force. Nevertheless, multiple circumstances may render a treaty void or lead to its termination, whether due to juridical grounds or acts of the contracting states. Consequently, a comprehensive understanding of the principles governing international agreements is imperative to safeguard the continuity and stability of harmonious international relations.
