The international treaty is the mosta common and typical form for regulating intersubject relations and can regulate a wide range of relations between the parties. In this article, we will consider the concept and types of international treaties.
The agreement concluded by the subjects of international law is called an international treaty.
The subjects in this case are countries, international organizations and peoples fighting for independence.
The international treaty calls on actors toestablishment, execution, modification or termination of existing rights and obligations, which are called the object of the contract. The object is presented with only two requirements:
The object can be tangible and intangiblecharacter, treat both internal and external affairs of the state. But if the object is the competence of internal bodies of the country, the international treaty on it will not be drawn up.
The purpose of the treaty is what the subjects of the international treaty want to achieve.
All types of international treaty (act) and otheraccompanying documents are voluntary and consistent with the principles of equality and non-interference. If the contract was concluded with the use of force or threat, then it loses its force.
All types of treaties under consideration consist of 3 main parts:
In some contracts there may be applications. But they do not have legal force without special indication in the document or the application itself.
The main types of international treaties are those that depend on:
Multilateral or polysubjects are divided intogeneral and limited (universal and particular). Universal agreements can be signed by all participants of international law. In the particular, the number of subjects is strictly limited.
Any member of international law can sign open treaties.
Closed agreements are bilateral, and participation of third parties is possible only with the permission of its subjects.
The main types of international agreement on the facility are agreements on special issues, economic and political.
Agreements are concluded to regulate the issues of science, technology, culture, education.
The main function of political treaties -regulate relations between countries to support peace, security, which includes assistance, territorial issues or support for neutrality.
Economic contracts are concluded to regulate trade and economic relations.
The concept and types of international treaties of the Russian Federation are described in the Constitution. These include agreements concluded on behalf of:
Субъекты не обладают достаточными компетенциями on the conclusion of international treaties. Instead, with a preliminary agreement, this function is performed by the federal center of the Russian Federation. This means that all rights and obligations under treaties are transferred to it.
The procedure for concluding contracts passes through a number of important stages:
All types of international treaties must havecorrect interpretation. The latter means the establishment of the exact content and meaning of the treaty. There are the following types of interpretation of international treaties:
Official interpretation implies mandatoryprocedure for clarifying the provisions of the contract by authorized bodies (state bodies, public persons, public organizations). It is fixed in special acts, it is mandatory for the parties to the contract and has legal consequences.
Под неофициальным толкованием понимают clarification of the provisions of the contract by unauthorized bodies (scientific and educational institutions and practitioners, such as lawyers and scientists). Informal interpretation is also enshrined in acts, but does not have such legal force as a formal one and therefore cannot lead to legal consequences.
Domestic interpretation is understood as an explanation of the provisions of a treaty by authorized bodies of one of the countries that have entered into a contract, and therefore it is mandatory only for one party.
In turn, all kinds of interpretations can be systematic and historical.
Under the systematic type understand the comparison of the contract with other similar treaties and their provisions.
Under the historical interpretation understand the kindwhich requires a study of the historical situation, preparatory materials and diplomatic correspondence, since the contract was concluded long ago and its explanation causes difficulties.
Interpretation should be consistent with the principles of good faith, unity, efficiency, and a large number of multilingual texts should be used in it.
All types of treaties in international law after signing are usually subject to ratification and acceptance.
Depending on the provisions, the contract may enter into force:
In some countries, the treaty has the force of law.after its publication. Therefore, all types of international treaties are published in official publications of the government of the country, various periodicals and scientific collections.
In addition, they can be registered with the UN Secretariat and other international organizations. Treaties registered with the Secretariat are later published in special collections.
In legal literature distinguish between the termination of the contract and the suspension of its validity.
Termination means the loss by an international treaty of legal force after the date specified in it.
Suspension means the termination of legal force for some time.
The above types of international treaties may become invalid according to external and internal grounds.
Internal bases include:
External grounds include:
The standard contract is developed by experts.But legal publishers offer a wide range of sample contracts of the most diverse directions. In particular, the most popular are the following types:
All types of international trade treaties are of great importance not only for the development of international law, but also for the improvement of political and economic relations between countries.
