لخّصلي

The law of treaties As we have seen in Chapter 2 , treaties are one of the most important - if not the most important - sources of international law.This need for certainty and clarity is the primary reason why the International Law Commission has made great efforts to produce a code of treaty law that itself can be formalised in a multi- lateral treaty.In addi- tion, it should be appreciated that the law of treaties is one of the least 'political' areas of international law, although one does not have to search long to fi nd various academic theories about how treaties should work.There are rules dealing with entry into force, termination, interpretation, reservations (being exceptions to spe- cifi c obligations in a treaty) and the relationship of treaty law to custom.It is not surprising, therefore, that international law should have developed a specifi c set of rules whose sole purpose is to regulate the creation, operation and termination of these legally binding instruments.

The law of treaties
As we have seen in Chapter 2 , treaties are one of the most important – if not the
most important – sources of international law. They are the only way in which states
may create binding legal obligations in a deliberate and conscious manner. It is not
surprising, therefore, that international law should have developed a specifi c set of
rules whose sole purpose is to regulate the creation, operation and termination of
these legally binding instruments. The law of treaties is the name given to that body
of international law which deals with the procedural and substantive rules govern-
ing the use of treaties as a source of international law. Although the analogy is far
from perfect, the law of treaties is similar to those rules of national law which lay
down the requirements for the creation and operation of contracts or trusts.
The law of treaties covers a wide variety of matters. There are rules dealing with
entry into force, termination, interpretation, reservations (being exceptions to spe-
cifi c obligations in a treaty) and the relationship of treaty law to custom. In addi-
tion, it should be appreciated that the law of treaties is one of the least ‘political’
areas of international law, although one does not have to search long to fi nd various
academic theories about how treaties should work. In reality, however, the treaty is
the vehicle through which much of the business of international law is conducted
and it is in the interests of every state that there should exist a comprehensive,
certain and stable legal code regulating their operation. This need for certainty and
clarity is the primary reason why the International Law Commission has made
great efforts to produce a code of treaty law that itself can be formalised in a multi-
lateral treaty. Thus, much of the law of treaties is itself to be found in treaty form,
supported by custom.