There are a number of principles defined in external law which state how treaties between nations are to be seen.  A tready is defined by Article 2 of the Vienna Convention on the Law of Treaties 1986 to mean “an international agreement concluded between States in written constituted and governed by international law.”  The Vienna Convention applies to international agreements entered into between states but this does not exclude them from entering into treaties with other entities like international organisations.  The sucject of treaties has developed very strongly because of the increased need for speedier make of law making process.

Further more, Treaties represent a second important material source of international law.  That importance is increasing.  The effect of any treaty in leading to the formation of rules of international law depends on the nature of the treaty concerned.  In this connection there is an useful, although not rigid distinction between law making treating which lay down ruling of individual dealt and treat contracts which deal with a special subject matter concerning these states specifically.  Law making treaties are straight a source of international law, which is not ture in the case of ‘contract treaties’.  There has been an explosion in the number of so called law making treaties at the international directed in the last few years.  It is estimated that there are now 257 law making treaties in operation around the world now.  These treaties are what is sometime referred to as international legislation.  This development has coincided with the onset of globalisation around the world and the increasing interconnectedness of nations for a wide range of reasons, but no doubt in part due to improved international communications technology.

David Coleman is a lawyer in Sydney Australia with over 10 years experience in the legal industry. If you need legal advice or an access to a legal enter click on the links contained here.

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