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AILR - Class 3: Treaties & Other International Agreements

We tackle finding the most basic of international law, the treaty.
by

John Heywood

on 29 January 2013

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Transcript of AILR - Class 3: Treaties & Other International Agreements

Treaties & Other
International Agreements What is a treaty? "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation." Vienna Convention on the Law of Treaties, art. 2, § 1(a) In the US, we have a narrower view of what is a treaty: An international agreement that is sent to the Senate for advice and consent to ratification is a treaty, and is the "supreme Law of the Land" (US Const. Art. VI).
Simpler agreements are executive agreements, made under authority granted to the executive or delegated by Congress. What do you need? The text of the treaty
Who are the parties/signatories?
When is/was it in force?
Are there any reservations, declarations, or conditions?
Are there any subsequent modifications? The BIG question when looking for treaties:
Is the United States a party? The Bluebook Rule 21 Treaty Making Process in the US Somebody comes up with an idea for a treaty:
A foreign government
An international organization
Someone in the government
Or the President: Inside the State Department A diplomat requests authority to negotiate from the Secretary of State
Secretary gives authority & diplomat goes to negotiation
Parties negotiate and come to an agreement, which they initial (This is a sole executive agreement)
Diplomat requests authority to sign the treaty, which the Secretary gives.
If the person signing is not the President, Secretary of State, or Head of Mission, they are given a "Full Powers" document setting out their powers. The Signing The parties meet and exhibit their full powers to each other.
Each party signs and seals the treaty documents The President issues a communique The President sends the treaty to the Senate The Senate receives the treaty The Senate refers the treaty to the Senate Foreign Relations Committee The SFRC holds hearings The SFRC publishes the hearings The SFRC reports the treaty to the Senate The Senate votes on the treaty (2/3s needed for consent The proclamation of ratification President signs the ratification document and issues a signing statement The "Circular 175" Process Executive Agreements have a similar process Diplomat asks for permission to negotiate
Secretary of State authorizes negotiation
Parties negotiate and agree on terms
Diplomat asks for permission to sign
Secretary of State authorizes signature
Parties sign the agreement
And then . . . What happens next depends upon what type of Executive agreement it is: How do you find it? First ask yourself, is it a current treaty, an historical treaty, or a forthcoming treaty? United States Treaties in Force
is the best first place to go Treaty of Friendship, Commerce, and Navigation, U.S.-Japan, art. X, Apr. 2, 1953, 4 U.S.T. 2063. Bilateral, US a party: Bilateral, US not a party: Treaty of Neutrality, Hung.-Turk., Jan. 5, 1929, 100 L.N.T.S. 137. Cite to an international organization source, or an official party source, or an unofficial source, in that preference order. The Bluebook Rule 21 Multilateral, US a party: Geneva Convention Relative to the Treatment of Prisoners of War, art. 3, Aug. 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S. 135. Multilateral, US not a party: United Nations Convention on the Law of the Sea, art. 2, Dec. 10, 1982, 1833 U.N.T.S. 397. Organization of American States, American Convention on Human Rights, art. 4, Nov. 22, 1969, O.A.S.T.S. No. 36, 1144 U.N.T.S. 123. but U.N. Charter art. 2, para. 4. Also look at the Kavass tools Thomas State's Office of Treaty Affairs website Other tools CCH Congressional Index
KF 49 .C6 Senate Foreign Relations Committee website Search journal
articles Senate Foreign Relations Committee website Senate Foreign Relations Committee website Senate Foreign Relations Committee website Where is the text? Let's look at the Louisiana Purchase Treaty of 1803 Look in TIF under Bilateral
& then France Statutes at Large is the
official US source (1776-1950) Bevans (1776-1949) unofficial, yet respected Malloy (1776-1937) Miller (1776-1863) Davis (1776-1873) &
Haswell (1776-1889) Treaties and conventions concluded between the United States of America and other powers since July 4, 1776 Other official sources If the US is not a party For the 507 treaties in it,
the Status of Multilateral Treaties Deposited with the Secretary General is key Print indexes are often
the best way to find
these treaties Travaux Préparatoires
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