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Vienna Convention on the Law of Treaties - Essay Example

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Vienna Convention on the Law of Treaties

No state can protect itself from the rest of the countries of the world on matters of foreign affairs or relations, international trade, environmental issues, communications or finance. This was strongly implemented after World War II. The great advances made in the field of communications and information technology and the arrival of globalization has made independent States inter-dependent on each other. Treaties can have a significant impact upon the economy and social and political situation of the country and to its people. Nowadays every State has either entered or in the course of entering into treaties be it multilateral or bilateral.
Treaties need to have a proper set of laws after a comprehensive study of a particular matter and its perverse effects it can have on food security, indigenous knowledge, health care, the security and the life and livelihood of the citizens - whether beneficial or prejudicial. The treaty-making power is highly potent and can also have some serious harmful effects if not revised carefully. The parliament of a country's government is competent to make a law and so treaty-making power is not within the exclusive competence of the Executive. it is obvious that the Parliament is competent to make a law with respect to the several matters mentioned in the above entries. In other words, treaty-making is not within the exclusive competence of the Executive. In theory, it is always open to the Parliament to condemn a treaty entered into by the Executive where the treaty will have to affect whatever. Moreover, if any treaty or agreement violates any of the provisions of the Constitution, it would be totally incompetent and ineffective and even the Vienna Convention would not stand in the way.
There is a great importance of the laws in a treaty as they can have significant impacts. The Vienna Convention on the Law of Treaties is the authoritative mechanism on the international law of treaties. Most of its provisions are thought to imitate customary international law, so they are considered binding even on nation-states (such as the United States) that are not formally parties to the Vienna Convention. It defines a reservation to a treaty 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." A reservation is permitted unless the treaty itself prohibits it, or permits only specific reservations not including the one in question, or if the reservation is incompatible with the purpose of the treaty. Under customary international law, a state that has attached itself an impermissible reservation cannot become a party to the treaty unless all other states agree to the reservation.
Vienna Convention
The Vienna Convention was adopted on 22 May 1969 and opened for signature on 23 May 1969 by the United Nations. A Conference on the Law of Treaties was held in the pursuit to the General Assembly resolutions 2166 (XXI) of 5 December 1966 and 2287 (XXII) of ^ December 1967. ...Show more

Summary

International Law is where International Organizations create or intend to create a relation between themselves operating within the spheres of International Law. These organizations often form treaties and agreements amongst different States of the world which are both binding (which is under law of treaties) and non-binding (such as MOU and other international agreements which are not binding under the treaties 1969.) The memorandum of understanding (MOU) is a well-accepted type of legal instrument in international law and practice…
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Vienna Convention on the Law of Treaties essay example
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