Discuss how the Vienna Convention on the Law of Treaties.pdf

Vienna Convention on the Law of Treaties (1969) – Summary
Purpose: Provides rules for making, interpreting, and enforcing treaties.

Principles:
Pacta sunt servanda – treaties must be kept in good faith.
Consent and sovereignty – no state is bound without agreement.
Jus cogens – treaties violating fundamental norms are void.
Negotiation: Ensures free consent and prevents coercion (Article 52).
Drafting: Promotes clear, precise language and authentic texts (Articles 31–33).
Enforcement: States must perform treaties; cannot use domestic law as excuse (Articles 26–27).
Dispute Resolution: Disputes may go to ICJ or arbitration (Article 66).
African Example: Libya case (2011) showed that states must honor human rights obligations even during conflict.
Significance: Builds trust, accountability, and predictability in international law.
Challenge: Relies on good faith, not strong enforcement.

1. FRONTIER UNIVERSITY
FACULTY OF LAW
DEPARTMENT OF COMPARATIVE LAW

ASSIGMENT I



Assignment Topics: Discuss how the Vienna Convention on the Law of Treaties (1969): Shaping
the Negotiation, Drafting, and Enforcement of International Agreements.








Student name: Supervisor:
Mohamed Hersi Farah Marfuha Alam





GAROWE NUGAL SOMALIA
2025

2. Table of Contents
Introduction .................................................................................................................................................. 1
1. Conceptual Foundations of the Vienna Convention on the ..................................................................... 1
2. The VCLT and Treaty Negotiation ............................................................................................................. 1
2.1. Consent and Representation ............................................................................................................. 1
2.2. African Context .................................................................................................................................. 2
3. The VCLT and Treaty Drafting ................................................................................................................... 2
3.1. Clarity, Precision, and Authentic Texts .............................................................................................. 2
3.2. African Practice .................................................................................................................................. 2
4. The VCLT and Treaty Enforcement ........................................................................................................... 3
4.1. Binding Force and Performance......................................................................................................... 3
4.2. Monitoring and Dispute Resolution ................................................................................................... 3
5. African Case Study: Libya and the African Charter on Human ................................................................. 3
5.1 Background ......................................................................................................................................... 3
5.2 Application of the VCLT ....................................................................................................................... 3
5.3 Outcome and Significance .................................................................................................................. 4
6. Analytical Reflection ................................................................................................................................. 4
8. References ................................................................................................................................................ 5

3. 1

Introduction
International treaties serve as the backbone of global cooperation, regulating relations among
states in areas such as trade, peace, environment, and human rights. However, until the mid-
20th century, there was no comprehensive legal framework governing how treaties were made,
interpreted, or enforced. The adoption of the Vienna Convention on the Law of Treaties (VCLT)
in 1969 remedied this gap by codifying customary international law into a coherent treaty law
system. The VCLT, which entered into force in 1980, is widely regarded as the “treaty on treaties”
— a foundational instrument guiding states in negotiating, drafting, interpreting, and enforcing
international agreements.
1. Conceptual Foundations of the Vienna Convention on the Law of Treaties
The VCLT was adopted under the auspices of the United Nations International Law Commission
(ILC) after 20 years of study. It consists of 85 articles covering various stages of treaty life — from
conclusion to termination. Its key principles include:
 Pacta sunt servanda (Article 26) — treaties must be performed in good faith;
 Consent and sovereignty — no state is bound without its consent (Article 34);
 Invalidity and termination — treaties are void if procured by coercion or conflict with jus
cogens norms (Articles 51–53);
 Interpretation rules (Articles 31–33) — emphasizing good faith, ordinary meaning, and
context.
These principles create a uniform framework ensuring stability and predictability in international
relations, while also preserving state sovereignty.
2. The VCLT and Treaty Negotiation
2.1. Consent and Representation
The negotiation phase under the VCLT is guided primarily by Articles 6–12, which define how
states express consent to be bound. The Convention stipulates that only persons with full powers
— heads of state, heads of government, or foreign ministers — can negotiate or conclude treaties
(Article 7). This ensures legitimacy and prevents unauthorized commitments.

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During negotiation, the VCLT safeguards voluntarism, meaning no state can be coerced into a
treaty. Article 52 explicitly invalidates any treaty “procured by the threat or use of force,” a critical
safeguard, especially for developing states often subjected to political or economic pressure.
2.2. African Context
In Africa, these provisions have strengthened states’ participation in international diplomacy. For
instance, during the drafting of the African Charter on Human and Peoples’ Rights (1981), the
negotiation process followed principles consistent with the VCLT. Member states voluntarily
discussed and adopted the Charter in Banjul (The Gambia), ensuring that consent to be bound
was freely given — a reflection of Article 52’s non-coercion principle. This approach enhanced
the Charter’s legitimacy across diverse political systems on the continent.
3. The VCLT and Treaty Drafting
3.1. Clarity, Precision, and Authentic Texts
Articles 31–33 of the VCLT establish rules for interpreting treaties, which also influence how
treaties are drafted. These articles encourage states to use clear language, define terms, and
establish authentic texts in agreed languages. Article 33(1) ensures equal authenticity of
multilingual versions, while Article 31(1) instructs that treaties be interpreted in good faith
according to their ordinary meaning and context.
As a result, modern treaty drafting emphasizes precision and predictability. The VCLT discourages
ambiguous clauses that could lead to disputes. It also provides guidance on reservations (Articles
19–23), allowing states to modify their obligations provided such reservations are not
incompatible with the treaty’s object and purpose.
3.2. African Practice
African states often reference these principles when formulating regional agreements. The
African Continental Free Trade Area (AfCFTA) Agreement (2018), for example, was drafted with
detailed definitions and dispute-resolution procedures, reflecting VCLT drafting standards. The
AfCFTA Secretariat, established under Article 13 of the Agreement, ensures uniform
interpretation — echoing VCLT Articles 31–33. Thus, the Convention’s drafting norms have
contributed to the legal coherence of Africa’s regional economic integration.

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4. The VCLT and Treaty Enforcement
4.1. Binding Force and Performance
The cornerstone of treaty enforcement is Article 26 — pacta sunt servanda, which requires states
to perform treaties in good faith. This principle creates legal certainty and mutual trust. It is
complemented by Article 27, which prevents states from invoking domestic law to justify treaty
breaches — thereby reinforcing international accountability.
In enforcement, the VCLT also recognizes jus cogens norms (Article 53), or peremptory rules from
which no derogation is allowed (e.g., prohibition of genocide or slavery). Any treaty conflicting
with such norms is void. This ensures moral and legal consistency in international law.
4.2. Monitoring and Dispute Resolution
While the VCLT itself does not establish enforcement organs, it provides a procedural basis for
resolving disputes. Article 66 permits submission of disputes to the International Court of Justice
(ICJ) or arbitration. Furthermore, Articles 60–64 regulate consequences of material breach and
termination.
5. African Case Study: Libya and the African Charter on Human and Peoples’
Rights
A practical African illustration of VCLT principles in operation can be seen in African Commission
on Human and Peoples’ Rights v. Libya (2011) (Application No. 004/2011) before the African
Court on Human and Peoples’ Rights.
5.1 Background
In 2011, during Libya’s internal conflict, the African Commission filed a case against Libya alleging
violations of several rights under the African Charter on Human and Peoples’ Rights (1981),
including the right to life, liberty, and fair trial. Libya had ratified the Charter in 1986, making it
legally bound to its provisions.
5.2 Application of the VCLT
The African Court relied on VCLT principles to assess Libya’s obligations:
Article 26 (Pacta Sunt Servanda): The Court affirmed that Libya, as a party to the Charter, was
bound to perform its obligations in good faith. The argument that domestic turmoil justified non-
compliance was rejected, consistent with Article 27 (no reliance on internal law).

6. 4

Article 31 (Interpretation): The Court interpreted Charter provisions according to their ordinary
meaning and purpose — protection of human rights — demonstrating the interpretive method
prescribed by the VCLT.
Article 60 (Breach and Termination): Libya’s systemic violations were deemed a material breach
of its obligations, reinforcing that treaties must be honored even during internal crises.
5.3 Outcome and Significance
The Court ordered Libya to take measures ensuring compliance with the Charter. Although
enforcement remained challenging, the case underscored the normative strength of the VCLT in
African treaty practice. It also illustrated how the Convention empowers regional courts to
interpret and enforce human rights instruments consistently with global standards.
6. Analytical Reflection
The VCLT’s impact extends beyond procedural uniformity; it enhances the legitimacy and
predictability of international law. In Africa, where postcolonial states often emphasize
sovereignty, the Convention provides a balanced framework — respecting consent while
ensuring accountability.
However, enforcement remains problematic. The VCLT relies on good faith and political will, not
coercive sanctions. In cases like Libya, compliance with court judgments often depends on
regional pressure or diplomatic engagement rather than legal compulsion. Furthermore, not all
African states are parties to the VCLT, though most abide by its principles as customary
international law.
Despite these challenges, the Convention’s influence is evident in African treaty practice — from
the drafting of the AfCFTA to the human rights jurisprudence of the African Court. It bridges
global legal standards and regional realities, fostering a more predictable and rule-based
international order.

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8. References
Vienna Convention on the Law of Treaties, 1969, UN Doc. A/CONF.39/27.
International Law Commission, Yearbook of the International Law Commission, 1966, Vol. II.
African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Libya,
Application No. 004/2011, Judgment of 15 March 2013.
Shaw, M. N. (2017). International Law (8th ed.). Cambridge University Press.
Aust, A. (2013). Modern Treaty Law and Practice (3rd ed.). Oxford University Press.
Viljoen, F. (2012). International Human Rights Law in Africa (2nd ed.). Oxford University Press.