An international treaty is the most common and typical form for regulating intersubjective relations and can regulate a wide range of relations between the parties. In this article, we consider the concept and types of international treaties.
What is meant by an international treaty?
An agreement concluded by subjects of international law is called an international treaty.
The subjects in this case are countries, international organizations and peoples fighting for independence.
An international treaty calls upon subjects to establish, fulfill, modify or terminate existing rights and obligations that are called the subject of the treaty. Only two requirements are imposed on an object:
- he must comply with the law;
- It must be executable.
The object can be material and non-material in nature, relate to both internal and external affairs of the state. But if the object is the competence of the internal organs of the country, then an international agreement on it will not be drawn up.
The purpose of the treaty is what the subjects of the international treaty want to achieve.
All types of international treaty (act) and other accompanying documents are concluded on a voluntary basis and comply with the principles of equality and non-interference. If the contract was concluded with the use of force or threat, then it loses its force.
What does the contract structure include?
All types of contracts under consideration consist of 3 main parts:
- preambles indicating the purpose of concluding the contract;
- the main part, consisting of articles grouped into sections;
- the final part with the provisions on the entry into force and termination of the contract indicating the language in which the contract is drawn up.
Some contracts may have annexes. But they do not have legal force without a special indication in the document or the application itself.
What treaties exist in international law?
The main types of international treaties are those that depend on:
- the number of entities (bilateral and multilateral);
- type (open and closed);
- time of imprisonment (urgent, unlimited, short-term and long-term);
- forms (oral and written);
- object of the contract.
Multilateral or multisubjective are divided into general and limited (universal and particular). Universal treaties can be signed by all parties to international law. In particulars, the number of subjects is strictly limited.
Open contracts can be signed by any participant in international law.
Closed agreements are bilateral, and the participation of third parties is possible only with the permission of its entities.
The main types of international agreement on an object are agreements on special issues, economic and political.
Agreements are concluded to regulate issues in science, technology, culture, and education.
The main function of political treaties is to regulate relations between countries to support peace and security, which includes providing assistance, resolving territorial issues or supporting neutrality.
Economic contracts are concluded to regulate trade and economic relations.
What international treaties are there in the Russian Federation?
The concept and types of international treaties of the Russian Federation are described in the Constitution. These include agreements concluded on behalf of:
- Russian Federation;
- Government of the Russian Federation;
- federal executive bodies.
- General Prosecutor's Office;
- higher federal courts.
Subjects do not have sufficient competencies in concluding international treaties. Instead, with preliminary approval, this function is performed by the federal center of the Russian Federation. This means that all rights and obligations under the contracts pass to her.
How is the procedure for concluding contracts in the Russian Federation?
The procedure for concluding contracts goes through a number of important stages:
- Preparatory, at which the draft agreement is agreed upon by public authorities interested in its conclusion. At this stage, the project should include the main provisions, the appropriateness of its conclusion, have an assessment of the possible consequences and comply with the legislation of the Russian Federation. If other rules are established for the contract, then they are agreed with the Ministry of Justice, which gives conclusions on the compliance of the contract with the legislation of the Russian Federation.
- Coordination with the President or the Government of the Russian Federation, which consider the project and give an answer within a month.
- The conclusion of the contract is the final stage at which one or more persons are appointed to represent the Russian Federation in negotiations, adopt the text and sign it. These persons receive the appropriate authority. Without authority, the President, the Chairman of the Government, federal ministers, and heads of other federal executive bodies have these rights. Heads of diplomatic missions in other countries and international organizations require credentials when signing.
Interpretation of international treaties
All types of international treaties must be correctly interpreted. The latter refers to the establishment of the exact content and meaning of the contract. The following types of interpretation of international treaties are distinguished:
- official;
- unofficial;
- domestic
The official interpretation implies a mandatory procedure for clarification of the provisions of the contract by authorized bodies (state bodies, public persons, public organization). It is fixed in special acts, is binding on the subjects of the contract and has legal consequences.
An unofficial interpretation is understood as an explanation of the provisions of the contract by unauthorized bodies (scientific and educational institutions and practitioners such as lawyers and scientists). An unofficial interpretation is also enshrined in acts, but does not have such legal force as an official one and therefore cannot lead to legal consequences.
Under the domestic interpretation is understood the clarification of the provisions of the contract by the authorized bodies of one of the countries that concluded the contract, and therefore it is mandatory only for one party.
In turn, all kinds of interpretations can be systematic and historical.
By a systematic view is meant a comparison of a contract with other similar contracts and their provisions.
Under the historical interpretation is understood the kind that requires a study of the historical situation, preparatory materials and diplomatic correspondence, since the contract was concluded a long time ago and its explanation causes difficulties.
The interpretation should be consistent with the principles of good faith, unity, efficiency, and it should use a large number of multilingual texts.
What is the procedure for concluding and executing contracts?
All types of treaties in international law after signing are usually subject to ratification and acceptance.
Depending on the provisions, the contract may enter into force:
- after signing;
- after exchange of instruments of ratification by the parties;
- after the transfer of the letters to the depository for storage.
In some countries, a treaty has the force of law after its promulgation. Therefore, all types of international treaties are published in official publications of the government of the country, various periodicals and scientific collections.
In addition, they can be registered with the UN secretariat and other international organizations. Contracts registered with the Secretariat are later published in special collections.
In what cases does the contract terminate?
In the legal literature distinguish between the termination of the contract and the suspension of its validity.
By termination is understood the loss of legal force by an international treaty after the date indicated in it.
By suspension is meant the termination of legal force for a while.
The above types of international treaties may become invalid according to external and internal grounds.
Internal bases include:
- expiration date;
- fulfillment of obligations by subjects;
- revision of certain provisions of the contract;
- occurrence of events and conditions provided for in the contract.
External bases include:
- mutual desire of the parties;
- cancellation;
- violation of the provisions of the contract by one or more entities;
- the emergence of a new norm in international law;
- the termination of the existence of one or more subjects of the contract.
- The occurrence of force majeure or a fundamental change in the conditions under which the contract was concluded.
Who develops model contracts?
A model contract is developed by specialists. But publishers of legal literature offer a wide selection of samples of model contracts of various kinds. In particular, the following types are most demanded:
- international sale contract;
- contract of commercial representation;
- distribution agreement;
- franchise agreement;
- contract for a construction transaction;
- technology transfer agreement;
- brand licensing agreement;
- contract for mergers and acquisitions.
All types of international trade agreements are of great importance not only for the development of international law, but also for improving political and economic relations between countries.