Treaties vs. Tribunals, Research Paper Example

Treaty is considered or treated to as a contract because treaties like contracts are valid only to the extent that there is mutual assent by the contracting parties to a shared assent. Like contracts, the text of the treaties document is important in determining the scope of the agreement (Mahoney, 2006). The United States Supreme Court also takes a similar view as it has referred to Indian treaties as contracts between sovereign nations. Just like contract laws, the courts try to determine the intent of the parties when interpreting a treaty. Similarly, the parties to a treaty are obliged to fulfill the promised terms and the violating party can be subjected to legal consequences, just like contracting parties(Miller). An example of a treaty between two or more countries is the North American Free Trade Agreement (NAFTA) between the United States, Canada, and Mexico. The purpose of the NAFTA was to mutually reduce trade barriers, improve working conditions, create an expanded and safe market for North American produced goods and services, and help establish mutually advantageous trade rules for the three countries involved.

When a party or parties to a treaty breach the contract, the dispute resolution mechanism (if there are any) contained in the treaty would be followed. Examples of dispute resolution mechanisms are negotiation, consultation, conciliation, use of good offices, panel procedures, arbitration, judicial settlement, and reference to the International Court of Justice. But if a dispute is not settled through negotiations within 90 days, it may be referred to the Assembly of States Parties. The Assembly may try to settle the dispute or make recommendations including referral to the International Court of Justice (United Nations). An example of a treaty breach is that of Uruguay who violated a pact it had signed with Argentina in 1975. According to the pact, Uruguay would inform and negotiate with Argentina during the planning phase of any pulp mill built on the banks of River Uruguay that also serves as a border. Even though the International Court of Justice found Uruguay in violation of the treaty, it allowed the already built mill to maintain its operations (United Nations, 2010).

References

Mahoney, C. J. (2006, December 31). Treaties as Contracts: Textualism, Contract Theory, and the Interpretation of Treaties. The Yale Law Journal .

Miller, R. J. (n.d.). Indian Treaties as Sovereign Contracts. Retrieved August 7, 2011, from Native America, Discovered and Conquered: http://lawlib.lclark.edu/blog/native_america/?page_id=8

United Nations. (n.d.). Key Events in a Multilateral Treaty. Retrieved August 7, 2011, from http://untreaty.un.org/ola-internet/Assistance/handbook_eng/chapter4.htm

United Nations. (2010, April 20). Uruguayan mill can operate despite breach of treaty, UN World Court rules. Retrieved August 7, 2011, from UN News Center: http://www.un.org/apps/news/story.asp?NewsID=34431&Cr=environment&Cr1=