LAW OF

TREATIES

conclude a treaty Article 1

Montevideo Convention
Right to conclude a treaty is
a symbol of state sovereignty

INTRODUCTION

Federal
government
can
adapt any treaties as they
wishes as long as accordance
with local law Cameroon v
Nigeria
Treaty is an international
agreement
concluded
between state in written form
and
governed
by
international law, whether
embodied
in
single
instrument or more and
whatever
particular
designation Article 2 VCLT
The court affirmed that the
Vienna Convention on the
Law of Treaties constitute a
customary international law
Namibia Case
A treaty must be performed
in good faith and all of the
treaties are binding upon its
members
(pacta
sunt
servanda) Article 26 VCLT

Wimbledon Case
A person can become

representative of a state as
long as they :
o Produce

appropriate

full power
o Practice of the state
indicate that he had
such power
o Article 7(1) VCLT
Automatically construed as a
representative of a state
o Head of state / Minister
of Foreign Affairs
HOS is presumed
to be able to act
on

behalf

state

of

a
in

international
relations
o Head

Bosnia v Serbia
of
Diplomatic

Missions
o Representative
accredited by states to

FORMATION OF TREATIES

an
conference

1. STATES
A

treaty
state

must

possess

capacity to enter into and

International
for

the

making

purposes.
o Article 7(2) VCLT

If a treaty was

o There

entered

definition of writing.
o It
shall
include

without

proper
authorization,
shall

have

binding
ratifies

it

afterwards

Article 8 VCLT
An agreement made between
a company and a state is not
a

treaty.

It

is

it

Iran

and

3. GOVERNED BY
INTERNATIONAL LAW
Must be governed under any
sources of International Law

Article 38 ICJ
Load agreement

between

Malaysia and Denmark is not

contract

a treaty as it was expressly

regardless a state play part

of

oral

merely

concessionary

strict

agreements.

no

unless the state

no

documented

it

effect

is

Anglo

governed by Danish Law.

4. DESIGNATION

Iranian Oil Co
Treaty can be in form of an
2. WRITTEN FORM

act, convention, declaration,

A treaty must be in a written

statute, and etc - Article 38

form - Article 7(2) VCLT

However this exclusion will

ICJ

not affect the validity of oral

agreement VCLT

Article 7(2)
Mavrommatis

Jurusalem Concessions
US v Gonzalez
o A phone conversation
constitutes

binding

agreement with the US

states.

o However, a declaration
may

sometimes

suggests

the

non-

binding character.
o Tan Ping Hoi v AG
A declaration of
Sino-British

Joint

Declaration

is

indeed a treaty
and binding upon
its members.

o Mohd Ezam v Ketua

Polis Negara
Universal

since

of
Right

binding

rights and obligation.

Applied the principle of no

a
treaty

Malaysia

had ratified it.

will, no law.
A treaty upon consented by
the member of the state
binds upon them Qatar v
Bahrain

5. INTENTION TO CREATE LEGAL

RELATION

its members in term of their

constitutes
binding

is

instrument which binds upon

Declaration
Human

treaty