Sociology | Mercantile Law | International Law | International Relations

WRITING A TREATY
It has been explicitly stated in the definition of treaty that it is ought to be a ‘Written Instrument’. ‘Written’ means that the treaty made should have been ‘registered and published’ according to the rules set by the VCLT.

Cross-Reference
Even the Article-102 of the United Nations Charter further strengthen this demand of VCLT by stating that, “Every treaty and every international agreement entered into by any member of the UN after this present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it”.

STATUS OF VERBAL AGREEMENTS
VCLT excludes all the verbal agreements between the parties along with asserting not to affect the legal status of all those agreements which have been previously made without writing and mere in verbal form. For this sake, Article-3 of the VCLT expresses;

“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, or to international agreements not in written form, shall not affect:

• The legal force of such agreements;
• The application to them of any of the rules set forth in the present Convention to which they would be subject under international law independently of the Convention;
• The application of the Convention to the relations of States as between themselves under international agreements to which other subjects of international law are also parties”.