International treaties Essay
Introduction A treaty is an agreement that is signed in by two or more states or international organizations according to the international law, these treaties are basically referred to as, international agreements, protocols or conventions. In this case, we find that these agreements are either bilateral or multilateral between leaders and their executives from different nations.
They are not similar to contracts, since these treaties have both the parties accepting the obligations amongst themselves and in a case where a nation fails to meet the requirements of the treaty therefore, he is held liable to the breach of contract under the international law, this is best explained in the Maxim Pacta Sunt Servanda, which states that pacts must be respected. We find that the United States treaties are presented in the same manner as the legislation, the reason being that, the two always override each other.
In this study we find that multilateral treaties consists of several parties and has several rights and obligations among the parties, but they also carry their own disadvantages such they are not always open to any nation or other international organizations. While the Bilateral treaties are always agreed upon between a limited numbers of nations, under
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Reservations-These are factors that are said to be contributing to a particular nation to accept particular treaties, these reservation are said to be unilateral documents that normally include the time and the duration that a particular nation has signed in a treaty. The reservation provides, that where an organization or a state has limited its rights and obligations using such reservations, the other party or organization or nation has a right to or not to accept them.
And if the they accept them, then both the parties under agreement are set free from the legal obligations served by the reservations, depending on the legalities of each State towards the other State, and if the states opposes the reservation on the parts of the treaty, then the part of the treaty is signed out of the agreement completely and has no authority for creating any legal rights on the State that is said to be an accepting and reserving State or Organization.
The treaties are always amended in three particular ways, the first one being the Formal Amendment under this; we find that the parties under agreement should follow the confirmation process one more time, whereby re-negotiation of the treaty is done and it always take long and prolonged through which we find that some of the parties who were in the original agreement are no longer regarded as parties to the amended treaty. Through this formal amendment we find that only the states that include on from the original treaty and the other one from the amended one are only bound by the regulations that they have agreed upon.
The second type of amendment is, that which is said to be informal this is usually amended by the treaty executive council, this is always done when the changes in the treaty are only procedural, technical, or administrative and the last amendment is done when there is a change in the customary international law this is usually when the nation comes up with a change in the interpretation of the legal duties under the particular agreement. The United Nations Educational Scientific and Cultural Organization (UNESCO) Declaration on Race and Racial prejudice
This is a declaration that was adopted and proclaimed by the UNESCOs General Conference on the 27th November 1978, on its twentieth session, this treaty was signed in depending on the organizations’ Constitution that was amended on the 16th of November 1945, which claimed that the second world war, acted as factor leading to the denial of dignity, equality and also the denial of the democratic principles that were meant to support such factors, many countries suffer from such effects due to the ignorance and prejudice of the then doctrine of inequality of men and racial discrimination that evolved around the states.
According to the Article 1 of the UNESCOs constitution, it is reported that, this organization played a major role in the promotion of peace and security among Nations through education, science and culture so as to bring in a global respect for justice and also the respect for human rights globally, without creating any distinction of these people by race, sex, language or even religion. This was done under the umbrella of the charter of the United Nations.
This treaty was a multilateral treaty since it involved various Nations as its parties and also carrying its own regulations, whereby these parties had in mind the historical events that had put many people under the rule of foreign governments and its foreign regulations that could not merge with that of the citizens of the particular.
Nation, this has made these Nations to come up with the decolonization processes which made them to have an opportunity of making the international community into a Universal and an expanded community with an ambition of eliminating the plague of racism and bringing to an end the revolting demonstrations in each and every aspect of social and political life nationally and internationally.