Articles 46-53 of the Vienna Convention on Treaty Law define the only ways to declare treaties invalid – which is considered unenforceable and void in international law. A treaty is invalidated either because of the circumstances in which a State party has acceded to the treaty, or because of the very content of the treaty. Cancellation is separate from termination, suspension or termination (addressed above), all of which involve a change in the consent of the parties to a previously valid contract, not the nullity of that consent in the first place. A treaty is an agreement between sovereign states (countries) and, in some cases, international organizations, which is binding under international law. An agreement between an Australian state or territory and a foreign government will not be a treaty. An agreement between two or more states will not be a treaty unless those countries consider making it binding under international law. The Consolidated Treaty Series is a comprehensive collection of contracts from all nations that were concluded between 1648-1919. It is also known as the Parry`s Treaty Series and has been reproduced online as the Oxford Historical Treaty (UniMelb collaborators and students) and is also available on paper on Level 4 of the Law Library. “treaty,” an international agreement concluded in writing between states and governed by international law, whether inscribed in a single act or in two or more related acts, regardless of its particular name.
Vienna Convention on Treaty Law, May 23, 1969, art. 2, par. 1) a), 1155 U.N.T.S. 331. The distinctions are mainly related to their method of authorisation. Contracts must be advised and approved by two-thirds of the senators present, but executive agreements alone can be executed by the President. Some contracts give the president the power to fill gaps through executive agreements rather than additional contracts or protocols. Finally, agreements between Congress and the executive branch require the approval of the House of Representatives and the Senate before or after the president signs the treaty. In the United States, the term “treaty” has a different, more limited legal meaning than in international law. U.S. legislation distinguishes what it calls “treaties” from “executive agreements” that are either “executive agreements of Congress” or “single executive agreements.” Classes are all treatises of international law in the same way; they differ only in U.S. domestic law.