A REVIEW OF INTERNATIONAL LAW AND TREATY RELATIONSHIP IN INTERNATIONAL RELATIONS

Ruwhuoma Chukwu
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Abstract

This work reviewed the reality of treaty relationship in International relations. As a notable tool in organization and community, law has directed and regulated relation among states especially in their pursuit of interests’ in the International arena. International law has been the rules put in place to guide these relationships. It is International law that has continued to set out principles and frame works that moderates and harmonizes State interests. International law is likened to customary law because it is a product of the conscience of State as there is a general repetition of similar acts that maintains international relations. International law has developed in accordance with the unfolding trends in International relations, notable among which is treaty relationships. A treaty is an agreement, formal or informal between States, governed by International law. The law of treaty according Umuozurike 1999, is more or less a codification of existing customary law on which International law is based upon. Treaty relationships in International law creates rights and obligations that give Parties contractual capacity in International law. To justify the importance of treaty in International relations, the work examined the element of Statehood as the major actor in International relations. The history of International relations traced back to the 1648 Peace of WestPhalia that ended the 30 years war gave States sovereign rights in International law. In the International system, the existence of sovereign authority is universally recognized as the essential qualification of its membership in the International community, where the United Nations has played very notable role. International Institution building has remained the most important transformation in the development of International relations. The establishment of the United Nations in 1945 marked a significant milestone in the history of International relations that this study made a slight analysis on. The laws governing treaty relationships was on the initiative of the United Nations in her quest to fulfil her aims and purpose to maintain International Peace and Security. States are bound by treaties duly entered into. From the definition of treaty, to the formalities in signing, to the ratification, reservation, registration and deposit, application and operations, to termination as reviewed, shows that treaties are very fundamental in the formation of International Law and International relations.
回顾国际关系中的国际法和条约关系
这项工作审查了国际关系中条约关系的现实。法律作为组织和社会的重要工具,指导和规范国家之间的关系,特别是国家在国际舞台上追求利益的关系。国际法一直是指导这些关系的规则。正是国际法继续规定了缓和和协调国家利益的原则和框架。国际法被比作习惯法,因为它是国家良知的产物,因为维持国际关系的类似行为经常重复。国际法是根据国际关系的发展趋势而发展的,其中值得注意的是条约关系。条约是国家间受国际法管辖的正式或非正式协定。根据1999年Umuozurike的说法,条约法或多或少是对国际法所依据的现有习惯法的编纂。国际法中的条约关系创造了权利和义务,赋予当事方在国际法中的合同能力。为了证明条约在国际关系中的重要性,该工作审查了国家地位作为国际关系中的主要行动者的因素。国际关系的历史可以追溯到1648年的《威斯特伐利亚和约》,它结束了长达30年的战争,赋予各国在国际法上的主权权利。在国际体系中,主权权力的存在被普遍认为是国际社会成员的基本资格,联合国在国际社会中发挥了非常显著的作用。国际制度建设仍然是国际关系发展中最重要的变革。1945年联合国的成立是国际关系史上的一个重要里程碑,本研究对这一里程碑略作分析。有关条约关系的法律是联合国在寻求实现其维持国际和平与安全的目标和宗旨时提出的倡议。各国受正式缔结的条约的约束。从条约的定义,到签署的手续,到批准、保留、登记和交存、适用和操作,再到终止,都表明条约在国际法和国际关系的形成中是非常重要的。
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