IO AND THE LAW OF
TREATIES
IO’s Statutes as International Treaties
Art. 5 VCLT 1969 - Treaties constituting
international organizations and treaties adopted within an international organization :
“The present Convention applies to any treaty which is the constituent instrument of an
international organization and to any treaty adopted within an international organization without prejudice to any relevant rules of the
organization.”
Reservation
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General rules on reservation hardly applicable to OI
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Restrictions on the possibility of making reservations
• ECHR, Belilos, 1988
• HRC, General Comment n. 24, 1994
•
Reservations to constituent instruments of IO, art. 20 (3) VCLT: When a treaty is a constituent instrument of an international organization and unless it otherwise
provides, a reservation requires the acceptance of the competent organ of that organization.
•
Opting out clauses
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Declarations
Revision
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Tension between the need to adapt the statute to
changing circumstances and the need to respect state sovereignity
Procedure to amend the treaty followed by ratification by all member states
Special provisions to amend the treaty without necessary ratification by all memeber states
Distinction between amendments creating new
obligations an technical amendements but who can decide if the amendment is technical or not?
Examples: art. 48 TUE; art. 108 and 109 UN Charter
Withdrawal and termination
• Customary law state sovereignity
• Art. 56 VCLT - Denunciation of or withdrawal from a treaty containing no provision regarding termination, denunciation or withdrawal
1. A treaty which contains no provision regarding its termination and which does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal unless:
(a) it is established that the parties intended to admit the possibility of denunciation or withdrawal; or
(b) a right of denunciation or withdrawal may be implied by the nature of the treaty.
2. A party shall give not less than twelve months' notice of its intention to denounce or withdraw from a treaty under paragraph 1.
• TUE art. 50
• Art. 7 CoE Statute
• Art. 31 VCLT: General rule of interpretation
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:
(a) any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty;
(b) any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an
instrument related to the treaty.
3. There shall be taken into account, together with the context:
(a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions;
(b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation;
(c) any relevant rules of international law applicable in the relations between the parties.
4. A special meaning shall be given to a term if it is established that the parties so intended.
Special rules of interpretation?
• Human Rights Treaties
• Treaties establishing international organizations
Teleological interpretation
Provisions are interpreted in the light of the purpose, values, legal, social and economical goals these provisions aim to
achieve.
• CJEC, Van Gend and Loos, 1963:
«the Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals. Independently of the legislation of Member States,
Community law therefore not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage. These rights arise not only where they are expressly granted by the Treaty, but also by reason of obligations which the Treaty imposes in a clearly defined way upon individuals as well as upon the Member States and upon the institutions of the Community.»
Power to interpret
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States
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Organs of the organization
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International Judicial Organs
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