Treaties As Law
Treaties can play the role of contracts between two or more parties, such as an extradition treaty or a defence pact. Treaties can also be legislation to regulate a particular aspect of international relations, or form the constitutions of international organisations. Whether or not all treaties can be regarded as sources of law, they are sources of obligation for the parties to them. Article 38(1)(a), which uses the term "international conventions", concentrates upon treaties as a source of contractual obligation but also acknowledges the possibility of a state expressly accepting the obligations of a treaty to which it is not formally a party.
For a treaty-based rule to be a source of law, rather than simply a source of obligation, it must either be capable of affecting non-parties or have consequences for parties more extensive than those specifically imposed by the treaty itself.
Read more about this topic: Sources Of International Law
Famous quotes containing the words treaties and/or law:
“When people say women can’t be trusted because they cycle every month, my response is that men cycle every day, so they should only be allowed to negotiate peace treaties in the evening.”
—June Reinisch (b. 1943)
“The Reverend Samuel Peters ... exaggerated the Blue Laws, but they did include “Capital Lawes” providing a death penalty for any child over sixteen who was found guilty of cursing or striking his natural parents; a death penalty for an incorrigible son; a law forbidding smoking except in a room in a private house; another law declaring smoking illegal except on a journey five miles away from home,...”
—Administration for the State of Con, U.S. public relief program (1935-1943)