Agreements and pact are made at individual, organizational as well as state level. However, Vienna Convention on Law of Treaties recognizes and provides the legal cover to only those international treaties which are made between the states in the appropriate manner. The reason for why the Convention excludes all the treaties made between the non-state entities like international organization is to prevent the different rules of different agreements to make this pact complicated. Every agreement of the past has been made under a different set of International rules thus including those agreements could have delayed the drafting of this convention.
STATUS OF NON-STATE ENTITIES
However, Article-3 which ensures that this convention does not affect the legal status of unwritten agreements also provides an exception for the agreements made between the non-state bodies. It states that;
“The fact that the present Convention does not apply;
- To international agreements concluded between States and other subjects of international law.
- Or between such other subjects of international law”.
So, this article envisages under the customary international law, the entities other than states to have the requisite ‘International Personality’ allowing them to make treaties.
INTERNATIONAL PERSONALITY OF STATES
It is obvious that the Vienna Convention on the Law of Treaties specifically regulates the inter-state agreements. So, we can say that, every state has been provided the status of ‘International Personality’ by this convention and it has been stated in its Article-6 as; “Every State possesses capacity to conclude treaties”.
INTERNATIONAL PERSONALITY AS TO FEDERAL STATES/FEDERATING UNITS
As far as the status of ‘International Personality’ is concerned for the federating units of a state; then we have to pursue the Draft Articles of International Law Commission where it has been mentioned that;
“States, member of Federal Union may possess the capacity to conclude the treaties if such capacity is admitted by the Federal Constitution.”
- Federal Republic of Germany
Article-32(3) of the Bonn Constitution provides; “In so far as the Lander (a party with Austria to a convention for the Protection of Lake Constance against Pollution) have power to legislate, they may, with the consent of the federal government, conclude treaties with foreign states”.
INTERNATIONAL PERSONALITY AS TO COLONIAL & NON-SELF-GOVERNING TERRITORIES
Colonial and Non-Self-Governing territories have also been recognized to conclude treaties subject to the powers delegated by the colonial masters. British Colonies of Australia, South Africa, New Zealand, Canada and India were invited to take part in 1919 Paris Peace Conference and became parties to the Treaty of Versailles.
INTERNATIONAL PERSONALITY STATUS FOR INTERNATIONAL ORGANIZATIONS
An international organization being a non-state entity lacks the status of ‘International Personality’ for making a treaty under the Vienna Convention on Law of Treaties; nonetheless, the treaties made by it are not affected by the provisions of this pact. There are two appropriate ways which empowers an international organization to make a treaty;
1. When Constitution of the Treaty Expressly Grants it the Authority
An organization can make a treaty when the constitution of the organization has the provisions which expressly authorize it to do it so. For instance, UN is an international organization and it can enter into a treaty with any other organization as Article-57 and 63 of its Charter empowers in to enter into agreements with various specialized agencies.
2. When Implied Authority is granted to Carry Out the Duties imposed on Organization by the Constitution
An organization may enter into a treaty with other states when it seems necessary for carrying out its functions and duties imposed upon it by its constitution.
It was held in the ‘Advisory Opinion on Reparations for Injuries Suffered in the Service of the UN Case’ that, “Under the international law an organization must deemed to have those powers which are conferred by the necessary implication as being essential to the performance of their duty”.
Limitations on Implied Authority
The implied authority and its exercise must be compatible with letters and spirits of the constitution and it does not envisage the organization to sign any agreement it wills to.
INTERNATIONAL PERSONALITY STATUS AS TO INDIVIDUALS OR CORPORATIONS CREATED UNDER MUNICIPAL LAW
A state may enter into a treaty with an individual or a corporation but such a treaty has never been recognized by the International Law.
In the Anglo-Iranian Oil Company Case (1952), UK alleged that the concessionary agreement between the Iranian government and the Oil Company was an International Treaty as the concession has been negotiated in order to settle dispute between UK and Iran. But the court rejected the claim of UK and declared that it was not an international treaty but mere a concessionary contract between government and a foreign corporation.