International Treaties
Under the customary definition, a treaty is an agreement concluded between two or more subjects of international law, intended to create legal effects, and governed by international law.
Pursuant to Article 2, paragraph 1, of the Vienna Convention on the Law of Treaties dated 23 May 1969, a treaty is defined as an agreement concluded in written form between states and governed by international law, regardless of its particular designation and whether it is embodied in a single instrument or in two or more related instruments.
The Process of Concluding and Ratifying International Treaties Under Iranian Law
Elements of the Customary Definition of an International Treaty
- The conclusion of an agreement that requires a concurrence of wills between the parties.
- The parties to the agreement must be subjects of international law.
- The creation of legal effects means that in every treaty, the parties are bound to accept legal obligations.
- Governance by international law, in the sense that treaties must be administered under international law, although they do not necessarily need to be exclusively governed by it.
In the conventional definition of a treaty, certain elements differ from those found in the customary definition:
- Parties to the agreement: Under the 1969 Vienna Convention, only states are considered parties to a treaty. This gap was later addressed through the adoption of the 1986 Vienna Convention.
- Agreement governed by international law: From a customary perspective, any legal agreement concluded between subjects of international law may be regarded as a treaty. However, under the Vienna Conventions, the agreement must specifically be governed by international law. Certain agreements between subjects of international law may instead be governed by transnational rules, such as many international commercial contracts, or by the domestic law of a particular state.
- Written form: The Vienna Conventions recognize only written agreements as treaties.
- Number of instruments: A treaty may consist of a set of interrelated provisions, whether embodied in one or several instruments. Examples include the First and Second Additional Protocols of 1977 to the Geneva Conventions of 1949, which concern the law of armed conflict.
It should be noted that matters such as the effect of war on treaties, state succession in respect of treaties, treaty-based responsibility, and treaty obligations against an aggressor state fall outside the scope of the 1969 Vienna Convention.
Agreements That Are Not Considered International Treaties
- Marriage documents of members of royal families.
- Treaties concluded with non-civilized tribes.
- Agreements concluded between states and foreign natural or legal persons under private law, or agreements concluded solely between foreign natural or legal persons.
- International commercial contracts.
- Agreements between subjects of international law and non-governmental international organizations.
- Agreements between subjects of international law and national liberation movements.
- Agreements between states and the constituent units of a federal state.
- Courtesy or moral agreements.
Agreements that are nevertheless referred to as international treaties include:
- Treaties concluded among Commonwealth countries.
- Treaties concluded between the Vatican State and other states, known as concordats, are religious agreements.
- Agreements concluded between international organizations or between an international organization and a state, such as the agreement between the United Nations and the United States of America regarding the legal status of the United Nations’ permanent headquarters, dated 26 June 1947.
Criteria used to distinguish international contracts governed by public international law from international contracts governed by domestic law include:
- The explicit expression of intent by the parties.
- The subject matter of the agreement.
- The political or commercial nature of the agreement.
- The common intention of the contracting parties.
Courtesy and Moral Agreements
These agreements, also referred to as political agreements, such as the Atlantic Charter, are concluded to avoid the creation of binding international legal obligations.
They originate in Anglo-Saxon practice and are intended to shift a specific policy direction. Such agreements are usually concluded by the executive branch and possess a political character.
They contain commitments whose fulfillment depends on the good faith of states rather than enforceable legal obligations. If a state fails to comply with such commitments, the consequence is a political response rather than a legal one, such as reciprocal action, which in practice may prove more effective than legal remedies.
Today, titles commonly used for courtesy agreements include memorandum of understanding, joint declaration, leaders’ declaration, protocol of understanding, record of negotiations, joint statement, minutes, report, program, and recommendation.
Frequently Asked Questions About International Treaties
An international treaty is a written agreement concluded between two or more subjects of international law with the aim of creating legal effects and binding the parties under international law. This definition is based on the Vienna Convention of 1969.
The essential elements include agreement between the parties, the parties' status as subjects of international law, the creation of legal obligations, and the governance of the relationship by international law.
Agreements such as royal family marriage documents, international commercial contracts, agreements between states and private foreign persons, courtesy or moral agreements, and certain religious agreements, such as concordats, are not considered international treaties.
These agreements are primarily political in nature and are intended to influence policy rather than create binding legal obligations. Their enforcement relies on good faith and political consequences rather than legal sanctions.
Identification is based on criteria such as the express intent of the parties, the subject matter of the agreement, its political or commercial character, and the shared intention of the contracting parties.
The customary definition is broader and includes agreements between all subjects of international law, whereas the conventional definition under the 1969 Vienna Convention is limited to states and requires the agreement to be written and governed by international law.
Yes. A treaty may consist of interconnected provisions reflected in one or several written instruments, such as the Additional Protocols to the Geneva Conventions of 1949. What is an international treaty?
What are the main elements of an international treaty?
Which agreements are not considered international treaties?
What are courtesy or moral agreements?
How can an international contract be identified as being governed by public international law?
What is the difference between the customary and conventional definitions of a treaty?
Can treaties be concluded in more than one document?
