Agreement plan
Introduction
An international treaty is an agreement concluded in writing between subjects of international law, mainly States and international organizations, which is governed by international law and generates binding legal obligations for the parties that sign it. It may be contained in one or more legal instruments") and its validity does not depend on its name (treaty, convention, agreement, protocol, etc.).
For a treaty to exist, at least the participation of two international legal subjects with the capacity to bind themselves is required. These agreements can deal with a wide variety of matters, such as territorial limits, trade, technical cooperation, the environment or human rights.
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Most commonly, such agreements are made between States, although they can be concluded between States and international organizations. The former are regulated by the Vienna Convention on the Law of Treaties of 1969; the latter, by the Vienna Convention on the Law of Treaties concluded between States and International Organizations or between International Organizations of 1986.
Agreements between public companies of a State and States are not international Treaties. The International Court of Justice had the opportunity to rule on this issue in the Anglo-Iranian Oil case (1952). Iran had signed an agreement with the Anglo-Iranian Oil company for the exploitation of oil resources. This agreement had two sides: it was a concession agreement and at the same time it had the nature of a Treaty between Iran and the United Kingdom. This thesis was not accepted by the International Court of Justice because international treaties can only take place between states and because agreements with companies are governed by the rules of private international law.
International treaties must be made in writing although they can be verbal. In the latter case, they would not be governed by the 1969 Vienna Convention.
Its name is indifferent because, if the previous conditions are met, we are faced with an international Treaty regardless of the name it receives.
Denominations
Contenido
Cuando hablamos de partidos se alude al género, no obstante, estos instrumentos internacionales a lo largo de la historia han adoptado y siguen adoptando en la práctica diversas denominaciones particulares, sin dejar por ello de responder a su naturaleza de Tratado Internacional. Es decir, esos nombres particulares no tienen implicaciones jurídicas, ni afectan su calidad, siempre y cuando se cumplan con los requisitos generales de los Tratados.