The Substantial Cause For Invalidity Of Treaties

Treaty is a basic form for international contacts, the subjects of international law to determine their rights and obligations through treaties.Along with international contacts, the subjects of international law concluded treaties safeguarding the smooth development of international relations, and the treaties concluded more and more. Many important international treaties concluded, such as the "UN Charter", the "International Covenant on Civil and Political Rights" and the "World Trade Organization Rules". From the text of a treaty agreed to entry into force, need many steps. After a treaty negotiated and signed, ratified and registration, it become a legal treaty in form. However, it may be invalid for substantive cause. The substantive cause is the main cause leading the treaty to be invalid. The substantive cause include lacking of contracting capacity, institutions and representatives beyond the treaty-making power, non-free contracting (errors, fraud, corruption of representative of a state, coercion by the threat or use of force), in violation of jus cogens and the conflict between the treaties. The parties often based on the substantive cause claiming treaty is invalid. laid the foundation for the law of treaties. In the convention, provisions of internal law regarding competence to conclude treaties, specific restrictions on authority to express the consent of a state, errors, fraud, corruption of representative of a state, coercion by the threat or use of force and violation of jus cogens are substantive cause lead treaties to be invalid. The convention is the product of views and requirements of international compromise, in order to reach an agreement, some provisions drafted by the Drafting Committee had not yet been included into the convention. Lacking of capacity to conclude treaties which is not incorporated into the convention, and the convention put treaties conflicts in other chapters. This article explore the substantive cause lead treaties to be invalid on academic, in accordance with provisions of the convention, but also to the other cause which the convention not contains. The first chapter focuses on the causes and types of invalidity of treaties; for the convention itself is the product of compromise, there is some unreasonable terms in it, in the second chapter to the fifth chapter, will discuss the substantive cause of invalidity of treaties (include lacking of contracting capacity, institutions and representatives beyond the treaty-making power, no-free contracting, in violation of jus cogens and conflicting between treaties). Based on the theoretical analysis, and comparing the provisions, Follow the logical of academic point of view,provisions of the Convention,my point of view, analysis about every substantive cause of invalidity of treaties, and the relation between the cause and the force of treaty, the article will point out the defect of the convention; the sixth chapter base on the analysis in previous chapters, making some suggestions that how to improve the provisions of the convention.So, the article is divided into six chapters, the main contents are as follows:The first chapter is discussing the definition and characteristics of the treaty, after that, pointing out the form and substantive cause that lead treaties to be invalid. The substantive cause exist in the process of conclusion of treaty, or exist in the treaty itself. These causes include lacking of contracting capacity, institutions and representatives beyond the treaty-making power, no-free contracting, in violation of jus cogens and conflicting between treaties. Because of the cause is different to each other, invalidity of treaties include absolute invalidity and relative invalidity. The classification corresponds to next four chapters regarding cause of invalidity of a treaty.The second chapter will discuss the first cause leading a treaty to be invalid--lacking of contracting capacity, institutions and representatives beyond the treaty-making power. The article will combined theory, provisions of the convention and case analysis the concepts and the difference between treaty-making capacity and the treaty-making power, the relations between the lacking of contracting capacity, institutions and representatives beyond the treaty-making power, and the effect of treaties. After the analysis, will propose my idea about perfecting the provision of the convention—the provision about the treaty-making capacity of international organizations, national liberation and district, about the relation between institutions and representatives beyond the treaty-making power and the effect of treaties.The third chapter will discuss the second cause leading a treaty to be invalid--no-free contracting. The article will combined theory and provisions of the convention and case to analysis all kinds of no-free contracting, their concept and composition, the relations between the non-free contracting and effect of treaties, will propose my idea about the inadequate of the convention, and how to perfecting the provision of the convention.The forth chapter discussing the third cause leading a treaty to be invalid--in violation of jus cogens. The article will present the definition of jus cogens, effectiveness, extension, combine provisions of the convention, theory and case to analysis the relations between violations of jus cogens and the effect of treaties, consequence, the retrospectively. For many unequal treaties are not meet jus cogens, so here will introduce the characteristics and effectiveness of the unequal treaties.The fifth chapter will discuss the forth cause leading a treaty to be invalid—treaty conflict. The article will analyze the type of conflicted treaties, combine theory and provisions of the convention and case to analysis effect of conflicting treaty, indicating the deficiency of the convention about treaty conflict, reaching conclusion that how to perfect the provision of the convention.