A treaty is an express agreement under International Law entered into by actors in International Law, namely sovereign states and International organizations. According to Oppenheim International Treaties are agreements, of a contractual character between States or organizations of States, creating legal rights and obligations between the Parties. A treaty is an important Source of International Law and an Instrument for imposing the binding obligation.

Functions of Treaty 

1. Important Source of International Law

     Law making treaties are an important source of International law. Since the treaty is defined as an agreement among the states, the long standing practices of agreement between two or more states are followed in future by the same state or other States.and they acquire the weightage of a usage Thus they Become the very Source of International Law.

2. Source of International Constitutional Law

      The multipartite treaties play an important role of making Constitutions of International Organizations such as the Charter of the united nations which is the outcome of International Conference at San Fransisco in 1945.

3. An Instrument for Imposing binding obligation

        It provides for security because of its binding force which is given to it by the maxim Pacta Sunta Servanda i.e. basis of the binding force of International Treaty.

See also 

Formation of treaties (Various Stages in the Formation of treaties)

Kinds of Treaties

Termination of Treaties


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