Primary sources / treaties S3

Question 1

Name and explain the primary sources of international law

Answer 1

Primary sources of international law (Article 38 of the ICJ Statute):
1) Treaties: formal, written agreements between States that can create binding legal rules/obligations

2) Customary international law: unwritten rules formed by consistent State practice and a belief that such practice is legally required

3) General principles of law: basic legal concepts common to major legal systems (e.g. fairness, good faith)

Question 2

Explain the defenition of a treaty

Answer 2

Treaty: a written international agreement between states, governed by international law (Article 2(1)(a) Vienna Convention)

Question 3

Explain the binding nature of a treaty

Answer 3

Binding nature treaty: a treaty is legally binding only on states that consent to them

Question 4

Explain the purpose of a treaty

Answer 4

Purpose of a treaty: the main way states are able to establish legal rights and obligations

Question 5

Explain what is the Vienna Convention on the Law of Treaties

Answer 5

Vienna Convention on the Law of Treaties: a legal framework; its rules are widely accepted as customary international law, even by states not party to it

Question 6

Explain by what legal principle a treaty is governed

Answer 6

Legal principle governing a treaty: pacta sunt servanda: States must keep their treaty obligations

Question 7

Explain the legal effect of a treaty

Answer 7

Legal effect: the effect of a treaty depends on its intent, not title

Question 8

Name and explain forms of treaties by participation

Answer 8

Forms of treaties by participation:
1) Bilateral Treaties: treaties between 2 States, usually on specific issues (e.g., trade, infrastructure); function like contracts

2) Multilateral Treaties: treaties involving multiple states; often establish general rules for all parties

Question 9

Name and explain forms of treaties by purpose

Answer 9

Forms of treaties by purpose:
1) Law-Making Treaties: treaties establishing general legal norms and obligations; often multilateral (e.g., UN Charter)

2) Treaty-Contracts: treaties regulating specific issues between a few states; binding only on the involved parties, not general international law

Question 10

Name and explain characteristics of constituent treaties

Answer 10

Characteristics of constituent treaties:
1) Create international organizations (e.g., UN, EU) with power to make binding rules

2) States joining a constituent treaty are bound by future legal instruments adopted under the treaty; these instruments derive authority from the original treaty