Modern Treaty Law and Practice

It should not be assumed that once a treaty has entered into force for a state it is then in force in that state; in other words, that it has become part of its law. The point is of particular importance for treaties that accord rights to individuals, such as human rights treaties, where the rights are intended to be exercised by them (and sometimes by corporations or companies). International law and domestic law (the law in force within a state; sometimes termed ‘municipal’, ‘internal’ or ‘national’ law) operate on different planes. International law is concerned with the rights and obligations of states and other international legal persons, such as international organisations. When a treaty provides for rights or obligations to be conferred on persons (legal or natural), they can usually be given effect only if they are made part of the domestic law of each party, and with provisions for their enforcement. A good example is the immunities and privileges granted to diplomatic missions and their staff by the Vienna Convention on Diplomatic Relations 1961. For them to be fully effective, the domestic law of the receiving state must accord the required immunities and privileges. Similarly, even though under a treaty, such as the European Convention on Human Rights 1950 or a bilateral investment treaty (BIT), a person can eventually take a state to an international court or tribunal for an alleged breach of his or her rights, actually enforcing a decision may well require that the state's domestic law recognises the award and will enforce it.