understanding agreementIn Public Law , the agreement here refers to the International Treaty . Currently
the international community , international agreements play a vital
role in regulating life and relationships between countries. International
agreement is essentially a major source of international law to
regulate the activities of states or other subjects of international law
. Until 1969 , the manufacture of the International agreements only governed by customary law . Based
on the draft chapters prepared by the International Law Commission ,
was organized an International Conference in Vienna from March 26 until
May 24, 1968 and from April 9 to May 22, 1969 to codify the common law .
Conference gave birth to the Vienna Convention on the Law of Treaties signed on May 23, 1969 . The Convention came into force on January 27, 1980 and is a positive international law . Article
2 of the 1969 Vienna Convention defines international agreement (
treaty ) is an agreement made between states in written form and
governed by international law , whether in a single instrument or two or
more related instruments and whatever the name given to him . The definition above contains
elements :
· The existence of a subject of international law , namely states , international organizations and liberation movements . Recognition of the state as a subject of international law that have full capacity to make international agreements listed in Article 6 of the Vienna Convention . International organizations are also recognized as a party to make an agreement with the requirements of the agreement comes dar will make Member States and international treaties that created a field of international organizations such authority . Such restrictions seen in Article 6 of the Vienna Convention . Capacity liberation movements recognized but is selective and limited . Selective means these movements must be recognized first by the region where the movement was . Limited movement means participation in the agreement is to carry out the wishes of movement establish an independent state .
· International legal regime . International agreements should be subject to international law and should not be subject to a certain national laws . Although the agreement was made by the state or an international organization , but if it has been subject to a particular national law chosen , the agreement is not a treaty.
Terms of invalidity of the agreement
Unlike the agreement in private law is valid and binding on the parties since the existence of an agreement , but in public law agreement shows only the testimony of the agreement , not the validity of the agreement . And after the agreement was valid , not necessarily binding on the parties if the parties have not ratified . Stages of making the agreement include :
a. negotiations where countries sent their representatives to a bilateral or multilateral conferences ;
b . acceptance of the agreement (adoption of the text ) is the acceptance of the content of the agreement is determined by the conference participants with the consent of all participants by voting ;
c . testimony of the agreement ( authentication of the text ) , is a formal act which states that an agreement has been received conference . Article 10 of the Vienna Convention , carried out according to the procedures contained in the agreement or in accordance with what has been decided by the delegates at the conference . If not specified then the validation can be done to affix the signature or initials under the agreement .
d . agreement bind themselves ( consent to the bound) , given in a variety of ways depending on the agreement of the parties at the time entered into an agreement , whereby a way to express approval are as follows :
1 . signing , Article 12 of the Vienna Convention states :
- Approval of an agreement to be bound can be expressed in the form
signature of the representative of the country ;
- If the agreement itself is declared ;
- When it is proven that the participating countries agreed to negotiate such ;
- If the full powers of representatives state says so or otherwise
clearly at the time of negotiations .2 . endorsement , through the ratification of the agreement which was approved by a competent authority in the member state .
As a result of the agreement
1 . For the state : Article 26 of the Vienna Convention states that each of the applicable treaty commits states parties and must be performed in good faith or in good faith . Implementation of the agreement was carried out by state organs should take the necessary measures to ensure its implementation . Holding capacity agreements based on the principle of pacta sunt servanda .
2 . For other countries : Unlike the agreements in the field of private law which may not cause the rights and obligations to third parties , the treaty can cause due to third parties for their approval , can grant to third countries or third countries have inflicted upon without consent the country ( example : Article 2 ( 6 ) of the UN Charter which states that countries not members of the United Nations must act in accordance with the principles of the United Nations as far as possible when it is considered necessary for international peace and security ) . Article 35 of the Vienna Convention provides that international agreements can have an effect for a third -party liability for their consent where consent is manifested in written form .
The termination of the agreement
1 . accordance with the terms of the agreement itself ;
2 . the approval later stated in a separate agreement ;
3 . due to certain events that do not implement the agreement , which is a fundamental change in the vehicle on member states , the emergence of new norms of international law , war .
elements :
· The existence of a subject of international law , namely states , international organizations and liberation movements . Recognition of the state as a subject of international law that have full capacity to make international agreements listed in Article 6 of the Vienna Convention . International organizations are also recognized as a party to make an agreement with the requirements of the agreement comes dar will make Member States and international treaties that created a field of international organizations such authority . Such restrictions seen in Article 6 of the Vienna Convention . Capacity liberation movements recognized but is selective and limited . Selective means these movements must be recognized first by the region where the movement was . Limited movement means participation in the agreement is to carry out the wishes of movement establish an independent state .
· International legal regime . International agreements should be subject to international law and should not be subject to a certain national laws . Although the agreement was made by the state or an international organization , but if it has been subject to a particular national law chosen , the agreement is not a treaty.
Terms of invalidity of the agreement
Unlike the agreement in private law is valid and binding on the parties since the existence of an agreement , but in public law agreement shows only the testimony of the agreement , not the validity of the agreement . And after the agreement was valid , not necessarily binding on the parties if the parties have not ratified . Stages of making the agreement include :
a. negotiations where countries sent their representatives to a bilateral or multilateral conferences ;
b . acceptance of the agreement (adoption of the text ) is the acceptance of the content of the agreement is determined by the conference participants with the consent of all participants by voting ;
c . testimony of the agreement ( authentication of the text ) , is a formal act which states that an agreement has been received conference . Article 10 of the Vienna Convention , carried out according to the procedures contained in the agreement or in accordance with what has been decided by the delegates at the conference . If not specified then the validation can be done to affix the signature or initials under the agreement .
d . agreement bind themselves ( consent to the bound) , given in a variety of ways depending on the agreement of the parties at the time entered into an agreement , whereby a way to express approval are as follows :
1 . signing , Article 12 of the Vienna Convention states :
- Approval of an agreement to be bound can be expressed in the form
signature of the representative of the country ;
- If the agreement itself is declared ;
- When it is proven that the participating countries agreed to negotiate such ;
- If the full powers of representatives state says so or otherwise
clearly at the time of negotiations .2 . endorsement , through the ratification of the agreement which was approved by a competent authority in the member state .
As a result of the agreement
1 . For the state : Article 26 of the Vienna Convention states that each of the applicable treaty commits states parties and must be performed in good faith or in good faith . Implementation of the agreement was carried out by state organs should take the necessary measures to ensure its implementation . Holding capacity agreements based on the principle of pacta sunt servanda .
2 . For other countries : Unlike the agreements in the field of private law which may not cause the rights and obligations to third parties , the treaty can cause due to third parties for their approval , can grant to third countries or third countries have inflicted upon without consent the country ( example : Article 2 ( 6 ) of the UN Charter which states that countries not members of the United Nations must act in accordance with the principles of the United Nations as far as possible when it is considered necessary for international peace and security ) . Article 35 of the Vienna Convention provides that international agreements can have an effect for a third -party liability for their consent where consent is manifested in written form .
The termination of the agreement
1 . accordance with the terms of the agreement itself ;
2 . the approval later stated in a separate agreement ;
3 . due to certain events that do not implement the agreement , which is a fundamental change in the vehicle on member states , the emergence of new norms of international law , war .
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