Treaties and international agreements

• Main Authors: Eishan Jan, Mohammad Naqib, Ahmad, Muhamad Hassan, Ali Mohamed, Ashgar Ali
• Format: Book Chapter
• Language: English
• Published: CLJ Malaysia Sdn Bhd 2024
• Subjects: K Law (General); K600 Private Law
• Online Access: http://irep.iium.edu.my/115771/19/115771_Treaties%20and%20international%20agreements.pdf; http://irep.iium.edu.my/115771/; https://www.cljlaw.com/store/product/contract-law-in-malaysia/

The law of treaties is often equated by those unfamiliar with the subject with the national law of contracts. However, most analogies with contract law are misleading, particularly when analysing multilateral treaties, being treaties between more than two parties. With multilateral treaties, the rights and obligations of each party in respect of each of the other parties may vary significantly, especially due to “reservations” to the terms of the treaty made by each party. In this sense, a multilateral treaty (being a treaty between many States) provides both a framework for basic principles binding on all parties and a mechanism whereby the precise relationships between individual parties can be adjusted to meet particular requirements. Treaties can also appear to have a legislative role in that they may establish a standard for all parties that creates universal or near universal international law.