Question 1

What is a treaty?

Accepted Answer

A treaty is an international agreement concluded between states or international organizations in written form and governed by international law. Treaties can be called conventions, protocols, accords, charters, or agreements; the name does not affect their legal status. What matters is that the parties intend to create legally binding obligations.

Question 2

What is the difference between signing and ratifying a treaty?

Accepted Answer

Signing a treaty usually indicates a state's intent to become a party but does not bind it. Ratification is the formal act by which a state confirms its consent to be bound. After signing, a state is obligated not to defeat the treaty's object and purpose, but it is not bound by the treaty's substantive obligations until it ratifies.

Question 3

Can a country withdraw from a treaty?

Accepted Answer

Most treaties contain withdrawal clauses specifying the procedure and notice period. If a treaty is silent on withdrawal, the Vienna Convention provides rules. Some treaties are designed to be permanent (like the UN Charter). A state may also invoke a fundamental change of circumstances (rebus sic stantibus) to terminate or withdraw, but the bar is very high.

Question 4

What happens when domestic law conflicts with a treaty?

Accepted Answer

This depends on the state's constitutional system. In monist states, treaties are directly applicable in domestic law and may override conflicting statutes. In dualist states, treaties must be incorporated through legislation before they have domestic effect. Under international law, a state cannot invoke its domestic law as a justification for failing to comply with a treaty obligation.