traktatrett

Traktatrett, or treaty law, is the branch of international law that governs treaties between states and international organizations. Its core rules are codified, to a large extent, in the Vienna Convention on the Law of Treaties (1969), which sets out how treaties are negotiated, interpreted, entered into force and terminated. The convention codifies principles drawn from customary international law and remains a central reference across jurisdictions.

Formation and consent: Treaties result from negotiation and require the consent of the states or organizations involved, typically through signature and ratification or accession. They come into force as provided in the treaty and may be amended or suspended by agreement, while some provisions take effect only after a specified date or condition.

Interpretation and validity: Treaty interpretation is governed by Article 31 and 32 of the Vienna Convention, which require good faith, ordinary meaning, context and object and purpose, and regard to subsequent practice and agreements. Reservations and interpretive declarations are regulated; some reservations are permitted within limits, and interpretative declarations may accompany signatures without becoming reservations.

Breach, termination and suspension: The law provides mechanisms for termination or suspension of a treaty, including consent of all parties, material breach by one party, or, in limited cases, supervening impossibility or fundamental change of circumstances. Jus cogens norms may also affect the validity or continuation of treaties.

Enforcement and disputes: Treaty disputes are typically resolved through international courts or arbitration. The International Court of Justice and specialized tribunals interpret treaty obligations, often applying the Vienna Convention and applicable customary law. Traktatrett interacts with other areas of international law and underpins state and organizational obligations arising from treaties.