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3.1 The definition of a treaty and its legal effects 5.3.1.1 Definition A treaty is a political agreement between two or more States. Treaties, conventions, charters, codes and agreements are in fact all treaties as defined by the Vienna Convention (despite the differing terms used). The sole difference between a convention and an agreement is that an agreement is usually signed by Heads of Government with no intention that it should be subsequently ratified by the State (for the meaning of ratification and the significance of signing, see below). A bilateral treaty is between two States, a multi-lateral treaty is concluded between more than two States. 5.3.1.2 Legal effect A treaty is only subject to international law and has no effect on the English legal system unless specific legislation is passed by the UK Parliament allowing the provisions of the Treaty to have such an effect. If there is the political will to translate any part of the treaty into English law this has to be specifically done by placing all, or part, of the treaty into legislation. Otherwise it merely remains a treaty at the international political level with absolutely no legal effects in the UK. It may, depending on its nature, be enforceable against Contracting States under international law. 5.3.1.3 Naming a treaty Every treaty has a formal name (which is usually abbreviated) and in addition many treaties are by custom referred to by the place where the treaty was signed! This can be confusing; check out the examples below in Figure 5.1, below. Figure 5.1: naming complexities 1 The Treaty on European Union 1992 (establishing the European Union) (a) Formal name: the Treaty on European Union 1992 (b) Abbreviation: TEU 1992 (c) Place of signing—Maastricht: It is therefore also called the Treaty of Maastricht. (Note: there was a second Treaty on European Union in 1997 (TEU 1997). Place of signature: Amsterdam, and referred to as the Treaty of Amsterdam. These similar names have to be distinguished by date and place of signature.) 2 The European Convention on Human Rights and Fundamental Freedoms 1951 (a) Formal name of treaty: The European Convention on Human Rights and Fundamental Freedoms. (b) Tends to be called The European Convention on Human Rights or the Convention. (c) Abbreviation: ECHR (d) Place of signature: London. But this is never used. (Note: this is an example of another word for treaty—a convention.)
DOI link for 3.1 The definition of a treaty and its legal effects 5.3.1.1 Definition A treaty is a political agreement between two or more States. Treaties, conventions, charters, codes and agreements are in fact all treaties as defined by the Vienna Convention (despite the differing terms used). The sole difference between a convention and an agreement is that an agreement is usually signed by Heads of Government with no intention that it should be subsequently ratified by the State (for the meaning of ratification and the significance of signing, see below). A bilateral treaty is between two States, a multi-lateral treaty is concluded between more than two States. 5.3.1.2 Legal effect A treaty is only subject to international law and has no effect on the English legal system unless specific legislation is passed by the UK Parliament allowing the provisions of the Treaty to have such an effect. If there is the political will to translate any part of the treaty into English law this has to be specifically done by placing all, or part, of the treaty into legislation. Otherwise it merely remains a treaty at the international political level with absolutely no legal effects in the UK. It may, depending on its nature, be enforceable against Contracting States under international law. 5.3.1.3 Naming a treaty Every treaty has a formal name (which is usually abbreviated) and in addition many treaties are by custom referred to by the place where the treaty was signed! This can be confusing; check out the examples below in Figure 5.1, below. Figure 5.1: naming complexities 1 The Treaty on European Union 1992 (establishing the European Union) (a) Formal name: the Treaty on European Union 1992 (b) Abbreviation: TEU 1992 (c) Place of signing—Maastricht: It is therefore also called the Treaty of Maastricht. (Note: there was a second Treaty on European Union in 1997 (TEU 1997). Place of signature: Amsterdam, and referred to as the Treaty of Amsterdam. These similar names have to be distinguished by date and place of signature.) 2 The European Convention on Human Rights and Fundamental Freedoms 1951 (a) Formal name of treaty: The European Convention on Human Rights and Fundamental Freedoms. (b) Tends to be called The European Convention on Human Rights or the Convention. (c) Abbreviation: ECHR (d) Place of signature: London. But this is never used. (Note: this is an example of another word for treaty—a convention.)
3.1 The definition of a treaty and its legal effects 5.3.1.1 Definition A treaty is a political agreement between two or more States. Treaties, conventions, charters, codes and agreements are in fact all treaties as defined by the Vienna Convention (despite the differing terms used). The sole difference between a convention and an agreement is that an agreement is usually signed by Heads of Government with no intention that it should be subsequently ratified by the State (for the meaning of ratification and the significance of signing, see below). A bilateral treaty is between two States, a multi-lateral treaty is concluded between more than two States. 5.3.1.2 Legal effect A treaty is only subject to international law and has no effect on the English legal system unless specific legislation is passed by the UK Parliament allowing the provisions of the Treaty to have such an effect. If there is the political will to translate any part of the treaty into English law this has to be specifically done by placing all, or part, of the treaty into legislation. Otherwise it merely remains a treaty at the international political level with absolutely no legal effects in the UK. It may, depending on its nature, be enforceable against Contracting States under international law. 5.3.1.3 Naming a treaty Every treaty has a formal name (which is usually abbreviated) and in addition many treaties are by custom referred to by the place where the treaty was signed! This can be confusing; check out the examples below in Figure 5.1, below. Figure 5.1: naming complexities 1 The Treaty on European Union 1992 (establishing the European Union) (a) Formal name: the Treaty on European Union 1992 (b) Abbreviation: TEU 1992 (c) Place of signing—Maastricht: It is therefore also called the Treaty of Maastricht. (Note: there was a second Treaty on European Union in 1997 (TEU 1997). Place of signature: Amsterdam, and referred to as the Treaty of Amsterdam. These similar names have to be distinguished by date and place of signature.) 2 The European Convention on Human Rights and Fundamental Freedoms 1951 (a) Formal name of treaty: The European Convention on Human Rights and Fundamental Freedoms. (b) Tends to be called The European Convention on Human Rights or the Convention. (c) Abbreviation: ECHR (d) Place of signature: London. But this is never used. (Note: this is an example of another word for treaty—a convention.)
ABSTRACT