Defined in the 1969 Vienna Convention on the Law of Treaties (VCLT) (Article 2 (2)) as an “international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more r
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Treaty almost always supersedes what?
Custom, with the exception of jus cogens norms
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How are treaties created?
Usually concluded on behalf of the State by the competent Minister The treaty text is signed – but this usually only signifies agreement on the text, not intent to be bound The treaty must then be ratified by the parties
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Can there be a release from treaty obligations?
Aloeboetoe et al v Suriname, Inter-American Court of Human Rights (1993): if a treaty conflicts with a peremptory norm which emerges subsequently the treaty is void (in this case, a treaty authorising slavery
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What is the necessity defence?
States may plead ‘necessity’ in breaching treaty obligations Requires grave and immediate peril Arbitral awards against Argentina during 2001-2002 crisis (see e.g. CMS Gas Transmission Company v Argentine Republic (ICSID Case No. ARB/01/08))
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