6 The Law of Treaties

Subject(s):

Treaties, amendments and modification — Extraterritorial application of treaties — Treaties, binding force — Treaties, entry into force — Treaties, self-executing — Treaties, successive — Relationship between international and domestic law

This chapter examines how the law of treaties is used and applied in domestic courts. It first explores questions relating to the conclusion and entry into force of a treaty before discussing whether a treaty provision is self-executing (also, ‘directly applicable’ or ‘directly effective’)—that is, whether the treaty can be applied in the domestic legal order without additional regulation of an international or national character. It then looks at the binding force, both international and domestic, of treaties as well as their observance and due performance by the parties. It also explains reservations and interpretative declarations, the interpretation of a treaty’s written provisions, and the determination of a treaty’s scope. Finally, it analyses cases of successive treaties, the process of amending and modifying treaties, and termination and suspension of treaties. Occasionally, the chapter includes a reference to decisions of non-national human rights bodies, where this may provide relevant context.