Formalities of a Treaty

Sociology | Mercantile Law | International Law | International Relations

Vienna Convention on the Law of Treaties, in order to draft a regular procedure for initiating an agreement has proposed a particular set of formalities necessary to be observed. These formalities distinguish the approach of Vienna Convention towards a treaty from any other casual way observed in any region of the world.

If we consider the definition of Treaty mentioned in Article 2(1-A); it will reflect the four formalities necessary to be observed.

  1. A treaty must be a written instrument or instruments between two or more parties.
  2. The parties should have been endowed with the status of International Personality.
  3. The treaty made between the states is ought to regulated and governed by the International Law.
  4. Creation of legal obligations should have been intended in making of a treaty.

These formalities are in fact no more different than the four general pre-requisites of a treaty to be made under the International Law.