Vienna Convention

The Vienna Convention on the Law of Treaties (CVDT) was a meeting held in 1969 with the aim of defining and standardizing topics related to international treaties.

The resolutions of the Vienna Convention came into force in 1980 when it was ratified by 35 countries.

History of the Vienna Convention

An international treaty is the main source recognized by International Public Law, whether theoretically or practically.

With the reduction of borders, the increase of international trade as well as the means of communication, it was necessary to regularize the rules that govern international treaties.

It was therefore necessary to create a legal framework for the agreements concluded between the States.

For this reason, the UN International Law Commission begins to prepare several documents related to the subject, soon after its foundation. These are presented and voted on at the Vienna Trait Convention in 1969.

The Vienna Convention on the Law of Treaties (CVDT) establishes:

Treaty Definition

A treaty is a written convention signed between two States and governed by national law. This means that agreements between a State and an international body are not considered a treaty.

Likewise, “declarations” or “memoranda of understanding” that countries may celebrate among themselves are not considered treaties.

Pacta Sum Servanda

Treaties must be fulfilled, as the Latin expression, pacta sum servanda, states. This means that the signatory States must comply with what has been stipulated.

Validity of a Treaty

The treaty must be signed by the Head of State (or his representative) and ratified by parliament. In some countries, such as France, it is even submitted to a referendum for approval.

In Brazil, approval by the Congress of Deputies and the Senate is required.

The Vienna Convention does not set a deadline for the treaties to start being fulfilled, but it relies on the good faith of States to do so as soon as possible.

Vienna Convention of 1986

In order to encompass agreements concluded between States and international organizations or just between international organizations themselves, a new convention was created.

That is why, again in Vienna, in 1986, all legal questions concerning treaties signed between States and non-States were standardized.

Brazil and the Vienna Convention

Brazil ratified the Vienna Convention on October 25, 2009 through Decree No. 7030/09.

However, the country already observed the norms of this Convention as it is a matter of customary law.

That is to say, the law of customs; in other words:as the country has always observed the International Treaties, Brazil was already taking the decisions of Vienna into consideration, even before waiting for the internal approval of the parliament.

Curiosities

The oldest treaty concluded by two states dates back to thirteen centuries BC between the Egyptians and the Hittites.
Before the Vienna Convention, there was an attempt to regulate treaties in the city of Havana in 1929.
As the Vienna Convention is the regulatory framework on this subject, it became known as the "Treaty of Treaties" .

Check out the entire decree by downloading the PDF here:Decree nº 703/09.