Concept and types of international treaties

The international treaty is the most 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.

What is meant by an international treaty?

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 encourages entities to establish, execute, modify or terminate existing rights and obligations, which are called the object of the treaty. The object is presented with only two requirements:

• It must comply with the law;
• It must be executable.

The object can be material and non-material, refer to both internal and external affairs of the state. But if the object is the competence of the internal bodies of the country, then 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 other accompanying 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.

What does the structure of the contract include?

All types of contracts under consideration consist of 3 main parts:

• Preambulars indicating the purpose of the contract;
• The main part, consisting of articles with grouping into sections;
• The final part with the provisions on entry into force and termination of the contract indicating the language on which the contract was drawn up.

In some contracts there may be applications. But they do not have legal force without special indication in the document or the application itself.

What treaties exist in international law?

The main types of international treaties are those that depend on:

• Number of subjects (bilateral and multilateral);
• Type (open and closed);
• Time of imprisonment (urgent, perpetual, short-term and long-term);
• Forms (oral and written);
• Object of the contract.

Multilateral or polysubjects are divided into general 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 the 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 questions on science, technology, culture, education.

The main function of political treaties is to regulate relations between countries in support of peace and security, which includes rendering assistance, resolving territorial issues or supporting neutrality.

Economic contracts are concluded to regulate trade and economic relations.

What international treaties are there in the Russian Federation?

The concept and types of international treaties of the Russian Federation are described in the Constitution. These include agreements concluded on behalf of:

• Russian Federation;
• Government of the Russian Federation;
• Federal executive bodies.
• The Prosecutor General's Office;
• The highest federal courts.

Subjects do not have sufficient competence to conclude 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 the treaties are transferred to it.

How is the procedure for concluding contracts in Russia?

The procedure for concluding contracts goes through a number of important stages:

• Preparatory, where the draft agreement is agreed by the state authorities interested in its conclusion. At this stage, the project should include the main provisions, the feasibility of its conclusion, have an assessment of the possible consequences and comply with the legislation of the Russian Federation. If other rules are established for the concluded contract, then they are coordinated with the Ministry of Justice, which gives conclusions on the compliance of the contract with the legislation of the Russian Federation.
• Agreeing with the President or the Government of the Russian Federation, who are considering the project and within a month give an answer.
• Conclusion of the agreement is the final stage, which is assigned to one or more persons to represent the Russian Federation at the negotiations, the adoption of the text and its signing. These persons are given appropriate authority. Without authority, these rights are enjoyed by the President, the Prime Minister, federal ministers and heads of other federal executive bodies. Heads of diplomatic missions in other countries and international organizations require authorization when signing.

Interpretation of international treaties

All types of international treaties must have a correct 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;
• Unofficial;
• Domestic.

Official interpretation implies an obligatory procedure for clarifying the provisions of the agreement 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.

Unofficial interpretation is understood as an explanation of the treaty provisions by unauthorized bodies (scientific and educational institutions and practitioners, such as lawyers and scientists). Unofficial interpretation is also enshrined in the acts, but does not have such legal force as official and therefore can not lead to legal consequences.

By internal interpretation is understood the explanation of the provisions of the treaty by the authorized bodies of one of the countries that have concluded the contract, and therefore it is obligatory for only one party.

In turn, all kinds of interpretation can be systematic and historical.

A systematic view is understood by comparing the contract with other similar treaties and their provisions.

Under the historical interpretation understand the kind that requires the study of the historical situation, preparatory materials and diplomatic correspondence, since the treaty was concluded long ago and its explanation causes difficulties.

Interpretation must correspond to the principles of good faith, unity, efficiency, and a large number of multilingual texts should be used in it.

What is the procedure for concluding and implementing contracts?

All types of treaties in international law after signing are usually subject to ratification and acceptance.

Depending on the provisions, the agreement may enter into force:

• after signing;
• After the exchange of instruments of ratification by the parties;
• After the transfer of the certificate to the depository for storage.

In some countries, the treaty has the force of law after its promulgation. 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. The contracts registered in the Secretariat are later published in special collections.

In which cases does the contract terminate?

In the legal literature, the termination of the contract and the suspension of its operation are distinguished.

Termination means the loss by an international treaty of legal effect after the date specified in it.

Under suspension is the termination of legal force for a while.

The above types of international treaties may become invalid under external and internal grounds.

Internal reasons include:

• Expiry of the term;
• Fulfillment of obligations by entities;
• Revision of certain provisions of the treaty;
• The occurrence of events and conditions provided for in the treaty.

External reasons include:

• Mutual desire of the parties;
• cancellation;
• Violation of the provisions of the treaty by one or more entities;
• The emergence of a new norm in international law;
• The termination of the existence of one or more subjects of the contract.
• The emergence of force majeure or a fundamental change in the conditions under which the contract was concluded.

Who develops model contracts?

The standard contract is developed by specialists. But publishers of legal literature offer a wide choice of samples of standard contracts of different directions. In particular, the most popular types are:

• Contract of international sale;
• Contract of commercial representation;
• Distribution agreement;
• Franchising agreement;
• A contract for a construction transaction;
• Technology transfer agreement;
• A contract for the licensing of brands;
• Contract for mergers and acquisitions.

All kinds of international trade agreements are of great importance not only for the development of international law, but also for the improvement of political and economic relations between countries.