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s.I Foundational Issues, 5 Who Can Make Treaties? Other Subjects of International Law

Tom Grant

From: The Oxford Guide to Treaties

Edited By: Duncan B. Hollis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

Subject(s):
Treaties, breach — Subjects of international law — Indigenous peoples — Insurgents and insurrection
‘[T]he right of entering international engagements is an attribute of State sovereignty.’1 That an entity has entered into a treaty, however, does not necessarily mean that it is a State. The ILC, when considering the law of treaties, did not dispute that other subjects besides States and international organizations could conclude agreements whose ‘obligatory force is … derived from international law’.2 The decision of the ILC to limit the 1969 Vienna Convention on the Law of Treaties (VCLT) to treaties concluded between States3 implicitly acknowledged the broader...
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