Treaty in the context of "World Heritage Sites"

⭐ In the context of World Heritage Sites, a treaty is considered…

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⭐ Core Definition: Treaty

A treaty is a recorded international agreement between sovereign states or other subjects of international law (including international organizations) that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms; however, only documents that are legally binding on the parties are considered treaties under international law. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries).

International agreements were used in some form by most major civilizations and became increasingly common and more sophisticated during the early modern era. The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by the widespread use of treaties. The 1969 Vienna Convention on the Law of Treaties (VCLT) codified these practices and established rules and guidelines for creating, amending, interpreting, and terminating treaties, and for resolving disputes and alleged breaches.

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In this Dossier

Treaty in the context of Confederation

A confederation (also known as a confederacy or league) is a political union of sovereign states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issues, such as defence, foreign relations, internal trade or currency, with the central government being required to provide support for all its members. Confederalism represents a main form of intergovernmentalism, defined as any form of interaction around states that takes place on the basis of sovereign independence or government.

The nature of the relationship among the member states constituting a confederation varies considerably. Likewise, the relationship between the member states and the general government and their distribution of powers varies. Some looser confederations are similar to international organisations while other confederations with stricter rules may resemble federal systems.These elements of such confederations, the international organization and federalist perspective, has been combined as supranational unions.

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Treaty in the context of Ratification

Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.

The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private contract law, international treaties, and constitutions in federal states such as the United States and Canada. The term is also used in parliamentary procedure in deliberative assemblies.

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Treaty in the context of Legal entity

In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "legal person" is that some legal persons are not human persons: companies and corporations (i.e., business entities) are persons, legally speaking (they can legally do most of the things an ordinary person can do), but they are not, in a literal sense, human beings.

Legal personhood is a prerequisite to legal capacity (the ability of any legal person to amend – i.e. enter into, transfer, etc. – rights and obligations): it is a prerequisite for an international organization being able to sign international treaties in its own name.

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Treaty in the context of International organization

An international organization, also called an intergovernmental organization (IGO) or an international institution, is an association of states established by a treaty or other type of instrument governed by international law to pursue the common aim of its member states. An IGO possesses its own legal personality separate from its member states and can enter into legally binding agreements with other IGOs or with other states. The United Nations, Council of Europe, African Union, Organization of American States, North Atlantic Treaty Organization, Mercosur, and BRICS are examples of IGOs. International organizations are composed of primarily member states, but may also include other entities, such as other international organizations, firms, and nongovernmental organizations. Additionally, entities may hold observer status. Under international law, although treaties are typically between states, intergovernmental organizations also have the capacity to enter into treaties. The traditional view was that only states were subjects of international law, but with the founding of the United Nations, that view expanded to include intergovernmental organizations.

Within the international relations literature, international organizations facilitate cooperation between states by reducing transaction costs, providing information, making commitments more credible, establishing focal points for coordination, facilitating the principle of reciprocity, extending the shadow of the future, and enabling interlinkages of issues, which raises the cost of noncompliance. States may comply with the decisions of international organizations, even when they do not want to, for rational cost-benefit calculations (to reap concrete rewards of future cooperation and avoid punishment) and normative reasons (social learning and socialization).

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Treaty in the context of Cession

The act of cession is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdiction by a board in favor of another agency." In contrast with annexation, where property is forcibly seized, cession is voluntary or at least apparently so.

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Treaty in the context of Puppet state

A puppet state, puppet régime, puppet government or dummy government is a state that is de jure independent but de facto completely dependent upon an outside power and subject to its orders. Puppet states have nominal sovereignty, except that a foreign power effectively exercises control through economic or military support. By leaving a local government in existence the outside power evades all responsibility, while at the same time successfully paralysing the local government they tolerate.

Puppet states differ from allies, who choose their actions of their own initiative or in accordance with treaties they have voluntarily entered. Puppet states are forced into legally endorsing actions already taken by a foreign power.

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Treaty in the context of Diplomatic recognition

Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state (may be also a recognized state). Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognize a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member.

A vote by a country in the United Nations in favour of the membership of another country is an implicit recognition of that country by the country so voting, as only states may be members of the UN. On the other hand, a negative vote for UN membership does not necessarily mean non-recognition of the applicant as a state, as other criteria, requirements or special circumstances may be considered relevant for UN membership. Similarly, a country may choose not to apply for UN membership for its own reasons, as is the case with Vatican City, and Switzerland was not a member until 2002 because of its concerns to maintain its neutrality policy.

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Treaty in the context of Treaties of the European Union

The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory.

Two core functional treaties, the Treaty on European Union (originally signed in Maastricht in 1992, The Maastricht Treaty) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1957 as the Treaty establishing the European Economic Community i.e. The Treaty of Rome), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 65 years since they were first signed. The consolidated version of the two core treaties is regularly published by the European Commission.

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