Chapter 14

TREATIES
REPORTERS:
JUANZON, C.
MANAOG, M.

DEFINITION
A TREATY may be defined as
a formal agreement, usually
but
not
necessarily
in
writing, which is entered into
by
states
or
entities
possessing
the
treatymaking capacity, for the
purpose of regulating their
mutual relations under the

FUNCTIONS OF TREATIES
1. Enable parties to settle finally actual

and potential conflicts.

2. Make it possible for the parties to
modify the rules of international
customary law by means of optional
principles or standards.
3. Transform unorganized international
society into one which may be
organized on any chosen level of
social integration.
4. Provide the humus for the growth of
international custodymary law.

ESSENTIAL REQUISITES OF A
VALID TREATY
1.TREATY-MAKING CAPACITY
2.AUTHORIZED

REPRESENTATIVES
3.FREEDOM OF CONSENT
4.LAWFUL SUBJECT MATTER
5.COMPLIANCE WITH
CONSTITUTIONAL PROCESSES

TREATY-MAKING PROCESS
1.NEGOTIATION
2.SIGNATURE
3.RATIFICATION
4.EXCHANGE OF THE

INSTRUMENTS OF
RATIFICATION

BINDING EFFECT OF TREATIES

As a rule, a treaty is binding only on the
contracting parties, including not only
the original signatories but also other
states which, although they may not
have participated in the negotiation of
the agreement, have been allowed by
its terms to sign it later by a process
known as ACCESSION. Non parties are
usually not bound under the maxim
Pacta Tertiies Nec Nocent Nec Prosunt.

Observance of
treaties

Treaty
interpretation

TERMINATION OF TREATIES
A TREATY MAY BE TERMINATED IN ANY OF
THE FOLLOWING WAYS:
1. By expiration of the term, which may be
fixed or subject to a resolutory condition.
2. By accomplishment of the purpose.
3. By impossibility of performance.
4. By loss of the subject matter.
5. By desistance of the parties, through
express mutual consent; desuetude, or
the exercise of the right of denunciation
for withdrawal, when allowed.

6. By novation.
7. By extinction of one of the parties if the
treaty is bipartite.
8. By vital chance of circumstances under
the doctrine of rebus sic stantibus.
9. By outbreak of war between the parties
in most cases.
10. By voidance of the treaty because of
defects in its conclusion, violation of its
provisions by one of the parties or
incompatibility with international law or
the U.N. Charter.