An overview about Treaties and its categories
There is not even a single definition that defines treaties which is widely and commonly accepted. A definition was given by Paul Roter as follows: ?a treaty is a manifestation of wills, cordial due to two or more subjects of international law intended to produce its legal effects by following the rules of international law'. When we talk about treaties, it has often been a problem of terminology, as it also speaks of conventions or agreements. The two terms are synonymous. It goes still further because sometimes there are expressions, protocols or similar declarations. It is more problematic as we must study the text in each case. The law of treaties has led form association.
The Vienna Convention on the Law Treaties signed on May 23, 1969 was called the treaty of treaties. It was a treaty whose contents comprised the Law of Treaties. This treaty was never authorized by France as it did not matter because the content of this treaty was customary. From this, we notice that there are several categories of treaties according to material or formal classification. There are treaties, laws and contracts. There are even treaties that are quasi-legislative following the text bearing standards for the future (Ex. ECHR) and special treaties, and techniques that are not supposed to ask for future standards. These categories are not completely sealed and there are overlaps.
It also distinguishes between ordinary treaty and the treaty establishing an international organization.
Indeed, the organization when it was created becomes an autonomous subject.There is also a formal classification, in particular, depending on the number of parties. We distinguish the bilateral treaty, the multilateral treaty and the treaty with universal dimensions (intended to apply to the entire planet).They do not, however, affect the entire state.
We also distinguish between closed treaties and open treaties. The closed treaty would be one that imposes conditions for membership when the open treaty would be the one that does not impose. No treaty is fully open or closed. For example, the EC is by definition a closed treaty. In contrast, the UN would be an open treaty, but nevertheless there are some conditions (eg. membership for new members depends on existing members).
Still, from the formal point of view, there is the distinction between formal treaties and treaties in simplified form. These classifications are useful because the treaties did not give rise to categories. These categories are created retrospectively and are exclusively doctrinal. They therefore have no reality in the sources of international law. This means that all these distinctions are partial and biased.
The treaty-making: This is a rather complex multi-faceted phase in which the States will strictly carry out the treaty. This development follows a kind of pattern with the conclusion of treaties, the mention of any reservations and then the question of the final design.
The procedure of international treaty-making: For those treaties that are at least important to be traded at conferences convened for that purpose, there is a first step which is the exchange of full powers.
Tags: Law of Treaties, Vienna Convention, European Community