INTERNATIONAL TREATY LAW Hukum Perjanjian INT.pptx

HI

1. INTERNATIONAL TREATY LAW ( Hukum perjanjian Internasional) By : HARIS KUSUMAWARDANA, S.H., M.H.

2. DEFINITION MOCHTAR KUSUMAATMADJA Agreements made between countries, which have certain legal consequences. ACADEMY OF SCIENCE OF USSR Formally stated agreement between two / more countries regarding the consolidation of changes / restrictions on rights & obligations in mutual terms. BOER MAUNA All agreements between the active subjects of International Law & those governed by International Law contain ties that have legal consequences. VIENNA CONVENTION 1969 ( Art 2 sect 1 pt a ) International agreements entered into between countries in written form & regulated by international law, whether in the form of a single/ two/ more related instrument regardless of their name.

3. PRINCIPLE Pacta Sun Servanda : the parties to an agreement must comply with the agreement that it has made (international agreements are binding and act as laws for the parties). Good Fith : all parties bound by an international agreement must have a good intention to carry out the contents of the agreement. Rebus Sic Stantibus : an international agreement may be violated on condition that there are fundamental changes, meaning that if the international agreement is implemented it will be contrary to the public interest in the country concerned.

4. CLASSIFICATION Classification is seen from the parties that entered into the agreement International agreements: agreements that make two or more countries a party. Agreement between countries with other international law subjects. Agreements between international legal subjects other than each other's countries.

5. C lassification is seen from the parties who made it Bilateral Agreements: agreements that are entered into by only two parties (states) and regulate specific matters concerning the interests of both parties. Multilateral Agreements: treaties entered into by many parties (states) which are generally open agreements where the matters governed are also generally related to the public interest which is not limited to the interests of the parties to the agreement but also concerns the interests of those who are not participants of the agreement itself. This agreement is classified as an agreement that forms state law.

6. ELEMENT Agree words / Agreements Legal Subjects In Written/ Unwritten Form Objects, Effects, Objectives / Purpose Time period Obey to International Law

7. FORMAT Unwritten Joint statement of the head of state / government / foreign ministry which gives a positive response, as an oral agreement of the parties. Example : Ferdinant Marcos's statement at the 1977 Kuala Lumpur ASEAN Summit, that the Philippines retracted claims to Subah . Then the head of state / government of Malaysia responded positively. From then on the verbal agreement took place.

8. Written This form of international agreement dominates in international relations because it guarantees the firmness, clarity, and legal certainty for the parties .

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