Legal analysis of international treaty

Feb, 03 2021

Contents:

International treaties form the basis of interstate relations and support the development of cooperation on a global scale. In other words, it is a written agreement governed by international law, concluded between several States or between a State and an international organization.

Fundamentals of signing an international treaty

The signing of international agreement is a serious and thorough task. In order to minimize the possibility of mistakes, when making a responsible decision, it is necessary to make sure that the provisions made in the text regarding each of the parties are correct and legitimate. This requires a full analysis of the content. 

In a properly executed contract, the following should be displayed:

  • main subject; 
  • components of the agreement; 
  • rights and obligations of the parties.

The process of legal analysis of an international treaty is characterized by general principles and provisions. The conditions under which the contract is signed are of primary importance. It is necessary to evaluate them correctly, to identify the functional significance for each of the parties. The most time – consuming task in analysis of legislative norms of the member States. It is for this reason that in most cases individuals turn to the services of specialized companies.

Important aspects in preparation of documents

To conduct a competent analysis of an international treaty from a legal standpoint, first of all, it is worth paying attention to the following issues:

  • has the international treaty entered into force;
  • has the Russian Federation approved the treaty in question;
  • whether it is valid;
  • what rights and obligations it generates.

It is important to note that the Russian Federation is not bound by the provisions of an international treaty unless it has agreed to be bound by part or the contract as a whole.

Based on the above, the analysis is unavoidable when you need to know whether the influence of a particular international agreement extends to certain legal relations. It is worth considering in more detail the situations in which the information obtained will help solve the problems of individuals or legal entities.

Possibility of applying an international treaty

For example, an individual has dual citizenship, and it is important for him to find out in which state to pay taxes or payments are required in both states. In this case, it is necessary to resort to international treaty on the avoidance of double taxation. Therefore, the interested person can get comprehensive information on the question and avoid possible negative consequences due to incorrect actions.

Also, legal analysis of international treaty is necessary when a civil law contract contains a reference to another specific agreement, the effect of which extends to all the resulting legal relations. For example, a contract of sale contains a condition according to which the United Nations Convention on Contracts for the International Sale of Goods of 1980 is applicable to this document. In these circumstances, it is worth reading the mentioned text to get an idea of the provisions of the contract.

The following categories can be parties to the agreement:

  • States;
  • International organizations.

To sum up, there are quite often situations when without a thorough legal analysis of an international treaty, it is impossible to guarantee correctness of its understanding, as well as legality of including certain conditions in the text of a civil law contract. For a full understanding of the document, as well as to get answers to any questions about the operation and content of the norms of international legal act, it is recommended to contact a lawyer.

Author of the article
Legal analysis of international treaty
Valentina Khlavich
Managing Partner
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