List of forms of government
122-696: The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis . They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory. Two core functional treaties,
244-471: A legal personality for the EU. Article 48 deals with the method of treaty amendment; specifically the ordinary and simplified revision procedures. Article 49 deals with applications to join the EU and article 50 with withdrawal . Article 51 deals with the protocols attached to the treaties and article 52 with the geographic application of the treaty. Article 53 states the treaty is in force for an unlimited period, article 54 deals with ratification and 55 with
366-531: A legislature (such as a parliament or congress), which may be composed of a single chamber (unicameral), two chambers (bicameral), or more than two chambers (multicameral). Where two or more chambers exist, their members are often elected in different ways . The power of representatives is usually curtailed by a constitution (as in a constitutional democracy or a constitutional monarchy ) or other measures to balance representative power: Some political theorists, such as Edmund Burke , believe that part of
488-436: A preemptory norm ( jus cogens ) , such as permitting a war of aggression or crimes against humanity. A treaty is an official, express written agreement that states use to legally bind themselves. It is also the objective outcome of a ceremonial occasion that acknowledges the parties and their defined relationships. There is no prerequisite of academic accreditation or cross-professional contextual knowledge required to publish
610-407: A "manifest violation" is required such that it would be "objectively evident to any State dealing with the matter". A strong presumption exists internationally that a head of state has acted within his proper authority. It seems that no treaty has ever actually been invalidated on this provision. Consent is also invalid if it was given by a representative acting outside their restricted powers during
732-516: A binding international agreement on several grounds. For example, the Japan–Korea treaties of 1905, 1907, and 1910 were protested by several governments as having been essentially forced upon Korea by Japan; they were confirmed as "already null and void " in the 1965 Treaty on Basic Relations between Japan and the Republic of Korea . If an act or lack thereof is condemned under international law,
854-499: A change is sufficient if unforeseen, if it undermined the "essential basis" of consent by a party if it radically transforms the extent of obligations between the parties, and if the obligations are still to be performed. A party cannot base this claim on change brought about by its own breach of the treaty. This claim also cannot be used to invalidate treaties that established or redrew political boundaries. Cartels ("Cartells", "Cartelle" or "Kartell-Konventionen" in other languages) were
976-505: A decade since they each came into force, the latest being the Treaty of Lisbon which came into force in 2009. The Lisbon Treaty also made the Charter of Fundamental Rights legally binding, though it remains a separate document. Following the preamble the treaty text is divided into six parts. The first deals with common provisions. Article 1 establishes the European Union on the basis of
1098-734: A general dispute resolution mechanism, many treaties specify a process outside the convention for arbitrating disputes and alleged breaches. This may by a specially convened panel, by reference to an existing court or panel established for the purpose such as the International Court of Justice , the European Court of Justice or processes such as the Dispute Settlement Understanding of the World Trade Organization . Depending on
1220-469: A general framework for the development of binding greenhouse gas emission limits, followed by the Kyoto Protocol contained the specific provisions and regulations later agreed upon. Treaties may be seen as "self-executing", in that merely becoming a party puts the treaty and all its obligations in action. Other treaties may be non-self-executing and require "implementing legislation"—a change in
1342-544: A legal personality does not entitle the EU to act beyond its competencies. Declaration 43 allows Mayotte to change to the status of outermost region . As well as the two main treaties, their protocols and the Charter of Fundamental Rights; the Treaty Establishing a European Atomic Energy Community (Euratom) is still in force as a separate treaty. Title one outlines the tasks of Euratom. Title two contains
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#17327647083721464-542: A limited number of member states to co-operate within the EU if others are blocking integration in that field. Chapter 1 of this title includes articles 21 and 22. Article 21 deals with the principles that outline EU foreign policy; including compliance with the UN charter , promoting global trade, humanitarian support and global governance. Article 22 gives the European Council, acting unanimously, control over defining
1586-658: A member state at the time those treaties were drawn up, though the country is no longer legally bound by them itself. This can only be altered by a future amendment to the treaties. The two principal treaties on which the EU is based are the Treaty on European Union (TEU; Maastricht Treaty , effective since 1993) and the Treaty on the Functioning of the European Union (TFEU; Treaty of Rome , effective since 1958). These main treaties (plus their attached protocols and declarations) have been altered by amending treaties at least once
1708-600: A national referendum rejected membership, leading Norway to abandon their ratification of the treaty of accession. The first treaty was signed in Brussels on 22 January 1972 and the second in Corfu on 24 June 1994. The European Constitution was a treaty that would have repealed and consolidated all previous overlapping treaties (except the Euratom treaty) into a single document. It also made changes to voting systems, simplified
1830-507: A number of member states, following a "period of reflection", the constitution in that form was scrapped and replaced by the Treaty of Lisbon . Although not formally part of European Union law , several closely related treaties have been signed outside the framework of the EU and its predecessors between the member states because the EU lacked authority to act in the field. After the EU obtained such autonomy, many of these conventions were gradually replaced by EU instruments. Following on from
1952-510: A previous treaty or international agreement. A protocol can amend the previous treaty or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol, and this is sometimes made explicit, especially where many parties to the first agreement do not support the protocol. A notable example is the United Nations Framework Convention on Climate Change (UNFCCC), which established
2074-404: A single very long sentence formatted into multiple paragraphs for readability, in which each of the paragraphs begins with a gerund (desiring, recognizing, having, etc.). The High Contracting Parties—referred to as either the official title of the head of state (but not including the personal name), e.g. His Majesty The King of X or His Excellency The President of Y , or alternatively in
2196-464: A special kind of treaty within the international law of the 17th to 19th centuries. Their purpose was to regulate specific activities of common interest among contracting states that otherwise remained rivals in other areas. They were typically implemented on an administrative level . Similar to the cartels for duels and tournaments , these intergovernmental accords represented fairness agreements or gentlemen's agreements between states . In
2318-470: A subset of EU member states due to a lack of unanimity. The Schengen Treaty and Convention of 1985 and 1990 respectively were agreed to in this manner, but were subsequently incorporated into EU law by the Amsterdam Treaty with the remaining EU member states that had not signed the treaty being given an opt-out from implementing it. Others agreements signed as intergovernmental treaties outside
2440-821: A treaty for a European Political Community to ensure democratic accountability of the new army, but it was abandoned when the Defence Community treaty was rejected. Other early examples include the Statute of the European School of 1957, the Naples Convention of 1967 on customs cooperation, the Brussels Convention of 1968 on jurisdiction in civil matters, the Convention setting up a European University Institute on 1972 and
2562-464: A treaty requires implementing legislation, a state may default on its obligations due to its legislature failing to pass the necessary domestic laws. The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear, or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted "in good faith" according to
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#17327647083722684-465: A treaty, the eschatocol (or closing protocol), is often signaled by language such as "in witness whereof" or "in faith whereof", followed by the words "DONE at", then the site(s) of the treaty's execution and the date(s) of its execution. The date is typically written in its most formal, non-numerical form; for example, the Charter of the United Nations reads "DONE at the city of San Francisco
2806-400: A treaty. However, since the late 19th century, most treaties have followed a fairly consistent format. A treaty typically begins with a preamble describing the "High Contracting Parties" and their shared objectives in executing the treaty, as well as summarizing any underlying events (such as the aftermath of a war in the case of a peace treaty ). Modern preambles are sometimes structured as
2928-495: A treaty. For example, within the United States, agreements between states are compacts and agreements between states and the federal government or between agencies of the government are memoranda of understanding . Another situation can occur when one party wishes to create an obligation under international law, but the other party does not. This factor has been at work with respect to discussions between North Korea and
3050-421: Is binding under international law. A treaty may also be known as an international agreement , protocol , covenant , convention , pact , or exchange of letters , among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary in their obligations (the extent to which states are bound to the rules), precision (the extent to which
3172-411: Is enacted by a protocol attached to the treaties), immunities and the effect on treaties signed before 1958 or the date of accession. There are 37 protocols, 2 annexes and 65 declarations that are attached to the treaties to elaborate details, often in connection with a single country, without being in the full legal text. There are 65 declarations attached to the EU treaties. As examples, these include
3294-407: Is known as the iron law of oligarchy . Representative democracies which are stable have been analysed by Adolf Gasser and compared to the unstable representative democracies in his book Gemeindefreiheit als Rettung Europas which was published in 1943 and a second edition in 1947. Adolf Gasser stated the following requirements for a representative democracy in order to remain stable, unaffected by
3416-593: Is then signed by all the national leaders and ratified by each state. While this is the procedure that has been used for all treaties prior to the Lisbon Treaty, an actual European Convention (essentially, a constitutional convention ) has only been called twice. First in the drafting of the Charter of Fundamental Rights with the European Convention of 1999–2000 . Second with the Convention on
3538-546: The EU delegations . Article 222, the Solidarity clause states that members shall come to the aid of a fellow member who is subject to a terrorist attack, natural disaster or man-made disaster. This includes the use of military force. Part 6 elaborates on the institutional provisions in the Treaty on European Union. As well as elaborating on the structures, articles 288 to 299 outline the forms of legislative acts and procedures of
3660-530: The European Council to unanimously agree to change the applicable voting procedure in the Council of Ministers to QMV and to change legislation adoption procedure from a special to the ordinary legislative procedure, provided that no national parliament objects. This procedure cannot be used for areas which have defence implications. The fourth amendment procedure is for changing status of some of
3782-514: The European Ombudsman and to contact and receive a reply from EU institutions in their own language. Article 25 requires the commission to report on the implementation of these rights every three years. Part 3 on policies and actions is divided by area into the following titles: the internal market ; the free movement of goods, including the customs union ; agriculture and fisheries ; free movement of people, services and capital ;
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3904-819: The Europol Convention of 1995 establishing Europol , the PFI Convention of 1995 on fraud, the Customs Information System Convention of 1995, the Insolvency Convention of 1995, the Convention relating to extradition of 1996, the convention on the fight against corruption of 1997, the Service Convention of 1997 on the service of documents, the convention on matrimonial matters of 1998, the convention on driving disqualifications of 1998, and
4026-414: The International Court of Justice . This was done to prevent the practice of secret treaties , which proliferated in the 19th and 20th centuries and often precipitated or exacerbated conflict. Article 103 of the Charter also states that its members' obligations under the Charter outweigh any competing obligations under other treaties. After their adoption, treaties, as well as their amendments, must follow
4148-577: The Reform Act 1832 with launching modern representative democracy in the United Kingdom. Globally, a majority of governments in the world are representative democracies, including constitutional monarchies and republics with strong representative branches. Separate but related, and very large, bodies of research in political philosophy and social science investigate how and how well elected representatives, such as legislators, represent
4270-645: The Single Convention on Narcotic Drugs provides that the treaty will terminate if, as a result of denunciations, the number of parties falls below 40. Many treaties expressly forbid withdrawal. Article 56 of the Vienna Convention on the Law of Treaties provides that where a treaty is silent over whether or not it can be denounced there is a rebuttable presumption that it cannot be unilaterally denounced unless: The possibility of withdrawal depends on
4392-1057: The Treaty Establishing the European Stability Mechanism of 2012 establishing the European Stability Mechanism , the European Fiscal Compact of 2012 on fiscal rules in the eurozone , the Agreement on a Unified Patent Court of 2013 establishing the Unified Patent Court , and the Single Resolution Fund Agreement of 2014 establishing the Single Resolution Fund . However, all these agreements are open to accession by EU member states. The text of
4514-641: The Treaty on European Union (originally signed in Maastricht in 1992, The Maastricht Treaty) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1957 as the Treaty establishing the European Economic Community i.e. The Treaty of Rome), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over
4636-482: The United Nations , for which they often provide a governing framework. Treaties serve as primary sources of international law and have codified or established most international legal principles since the early 20th century. In contrast with other sources of international law, such as customary international law , treaties are only binding on the parties that have signed and ratified them. Notwithstanding
4758-400: The Vienna Convention on the Law of Treaties if the representative is the head of state, head of government or minister of foreign affairs , no special document is needed, as holding such high office is sufficient. The end of the preamble and the start of the actual agreement is often signaled by the words "have agreed as follows". After the preamble comes numbered articles, which contain
4880-461: The early modern era . The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by the widespread use of treaties. The 1969 Vienna Convention on the Law of Treaties codified these practices and established rules and guidelines for creating, amending, interpreting, and terminating treaties, and for resolving disputes and alleged breaches. Treaties are roughly analogous to contracts in that they establish
5002-477: The marginalized . Proponents of direct democracy criticize representative democracy due to its inherent structure. As the fundamental basis of representative democracy is non inclusive system, in which representatives turn into an elite class that works behind closed doors, as well as the criticizing the elector system as being driven by a capitalistic and authoritarian system. The system of stochocracy has been proposed as an improved system compared to
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5124-421: The special member state territories . The status of French, Dutch and Danish overseas territories can be changed more easily, by no longer requiring a full treaty revision. Instead, the European Council may, on the initiative of the member state concerned, change the status of an overseas country or territory (OCT) to an outermost region (OMR) or vice versa. This provision doesn't apply to special territories of
5246-404: The "ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose". International legal experts also often invoke the "principle of maximum effectiveness", which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties. No one party to a treaty can impose its particular interpretation of
5368-549: The 65 years since they were first signed. The consolidated version of the two core treaties is regularly published by the European Commission. Despite the withdrawal of the United Kingdom from the bloc in 2020, its name remains officially on some of the treaties (the SEA, Maastricht, Amsterdam, Nice and Lisbon and all accession treaties between 1972 and 2011) as it was part of the consultation and ratification process as
5490-683: The EU . Articles 300 to 309 establish the European Economic and Social Committee , the Committee of the Regions and the European Investment Bank . Articles 310 to 325 outline the EU budget . Finally, articles 326 to 334 establishes provision for enhanced co-operation . Part 7 deals with final legal points, such as territorial and temporal application, the seat of institutions (to be decided by member states, but this
5612-693: The EU legal framework include the EU status of forces agreement of 2003, the EU claims agreement of 2004, the Treaty of Strasbourg of 2004 establishing the Eurocorps , the Treaty of Velsen of 2007 establishing the European Gendarmerie Force , the Prüm Convention of 2005 on the fight against terrorism, the convention on centralised customs clearance of 2009, the Agreement on the protection of classified information of 2011,
5734-623: The EU shall respect the status of religious, philosophical and non-confessional organisations under national law. The second part begins with article 18 which outlaws, within the limitations of the treaties, discrimination on the basis of nationality. Article 19 states the EU will "combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation". Articles 20 to 24 establishes EU citizenship and accords rights to it; to free movement, consular protection from other states, vote and stand in local and European elections , right to petition Parliament and
5856-510: The EU's foreign policy. Chapter 2 is further divided into sections. The first, common provisions, details the guidelines and functioning of the EU's foreign policy, including establishment of the European External Action Service and member state's responsibilities. Section 2, articles 42 to 46, deal with military cooperation (including Permanent Structured Cooperation and mutual defence). Article 47 establishes
5978-651: The European Communities to "draw up conventions which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements" under the newly created Justice and Home Affairs pillar , which was organised on an intergovernmental basis. Concluded under these provisions were the Naples II Convention of 1997 on customs cooperation, the conventions on simplified extradition procedures of 1995,
6100-540: The European Community and lays out the legal value of the treaties. The second article states that the EU is "founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities". The member states share a "society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail". Article 3 then states
6222-466: The European Council. The President of the European Council can then either call a European Convention (composed of national governments, national parliamentarians, MEPs and representatives from the Commission ) to draft the changes or draft the proposals in the European Council itself if the change is minor. They then proceed with an Intergovernmental Conference (IGC) which agrees the treaty which
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#17327647083726344-540: The European Union and the European Convention on Human Rights . Article 7 deals with the suspension of a member state and article 8 deals with establishing close relations with neighbouring states. Article 9 establishes the equality of national citizens and citizenship of the European Union . Article 10 declares that the EU is founded in representative democracy and that decisions must be taken as closely as possible to citizens. It makes reference to European political parties and how citizens are represented: directly in
6466-677: The Future of Europe which drafted the Constitutional Treaty (which then formed the basis of the Lisbon Treaty). Previously, treaties had been drafted by civil servants. The simplified revision procedure , which applies only to part three of the Treaty on the Functioning of the European Union and cannot increase the powers of the EU, sees changes simply agreed in the European Council by a decision before being ratified by each state. The amendment to article 136 TFEU makes use of
6588-427: The Law of Treaties and customary international law , treaties are not required to follow any standard form. Nevertheless, all valid treaties must comply with the legal principle of pacta sunt servanda (Latin: "agreements must be kept"), under which parties are committed to perform their duties and honor their agreements in good faith . A treaty may also be invalidated, and thus rendered unenforceable, if it violates
6710-686: The Prum Convention, Fiscal Compact and Single Resolution Fund Agreement state that the intention of the signatories is to incorporate the treaty's provisions into EU structures and that EU law should take precedence over the treaty. A TFEU amendment was ratified which authorises the creation of the ESM, giving it a legal basis in the EU treaties. Treaty A treaty is a formal, legally binding written agreement concluded by sovereign states in international law . International organizations can also be party to an international treaty. A treaty
6832-813: The Rights of Man and of the Citizen and, although short-lived, the National Convention was elected by all males in 1792. Universal male suffrage was re-established in France in the wake of the French Revolution of 1848 . Representative democracy came into general favour particularly in post- industrial revolution nation states where large numbers of citizens evinced interest in politics , but where technology and population figures remained unsuited to direct democracy. Many historians credit
6954-586: The Roman than the Greek model, because it was a state in which supreme power was held by the people and their elected representatives, and which had an elected or nominated leader. Representative democracy is a form of democracy in which people vote for representatives who then vote on policy initiatives; as opposed to direct democracy, a form of democracy in which people vote on policy initiatives directly. A European medieval tradition of selecting representatives from
7076-645: The Statute of the European Schools of 1994. Additionally, the convention on mutual recognition of companies and legal persons was signed in 1968 but never entered into force. Likewise, the Community Patent Convention of 1975 and the Agreement relating to Community patents of 1989, which amended the 1975 Convention never entered into force. Article K.3 of the Maastricht Treaty , which entered into force in 1993, authorised
7198-542: The Swiss ("on the one part") and the EU and its member states ("on the other part"). The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU and its member states. A multilateral treaty is concluded among several countries, establishing rights and obligations between each party and every other party. Multilateral treaties may be regional or may involve states across
7320-424: The United Nations . The final sixth point states that the EU shall pursue these objectives by "appropriate means" according with its competences given in the treaties. Article 4 relates to member states' sovereignty and obligations. Article 5 sets out the principles of conferral, subsidiarity and proportionality with respect to the limits of its powers. Article 6 binds the EU to the Charter of Fundamental Rights of
7442-506: The United States in 1787, with a national legislature based partly on direct elections of representatives every two years, and thus responsible to the electorate for continuance in office. Senators were not directly elected by the people until the adoption of the Seventeenth Amendment in 1913. Women, men who owned no property, and Black people, and others not originally given voting rights, in most states eventually gained
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#17327647083727564-533: The United States over security guarantees and nuclear proliferation . The definition of the English word "treaty" varies depending on the legal and political context; in some jurisdictions, such as the United States, a treaty is specifically an international agreement that has been ratified, and thus made binding, per the procedures established under domestic law. While the Vienna Convention provides
7686-694: The United States, cartels governed humanitarian actions typically carried out by cartel ships were dispatched for missions, such as to carry communications or prisoners between belligerents . From the European history, a broader range of purposes is known. These "cartels" often reflected the cohesion of authoritarian ruling classes against their own unruly citizens. Generally, the European governments concluded - while curbing their mutual rivalries partially - cooperation agreements, which should apply generally or only in case of war: The measures against criminals and unruly citizens were to be conducted regardless of
7808-417: The act will not assume international legality even if approved by internal law. This means that in case of a conflict with domestic law, international law will always prevail. A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under that state's domestic laws . States are reluctant to inquire into the internal affairs and processes of other states, and so
7930-403: The aims of the EU in six points. The first is simply to promote peace, European values and its citizens' well-being. The second relates to free movement with external border controls are in place. Point 3 deals with the internal market . Point 4 establishes the euro. Point 5 states the EU shall promote its values, contribute to eradicating poverty, observe human rights and respect the charter of
8052-655: The amending Convention of 1992 to the EUI Convention, the Agreement on the Suppression of Terrorism of 1979, the Rome Convention of 1980 on contractual obligations, the Convention on double jeopardy of 1987, the Agreement on the application of the Council of Europe Convention on the Transfer of Sentenced Persons of 1987, the Convention abolishing the legalization of documents of 1987, the Agreement on
8174-769: The area of freedom, justice and security, including police and justice co-operation; transport policy; competition , taxation and harmonisation of regulations (note Article 101 and Article 102 ); economic and monetary policy , including articles on the euro; employment policy; the European Social Fund ; education, vocational training, youth and sport policies; cultural policy; public health; consumer protection; Trans-European Networks ; industrial policy; economic, social and territorial cohesion (reducing disparities in development); research and development and space policy ; environmental policy; energy policy ; tourism; civil protection; and administrative co-operation. Part 4 deals with association of overseas territories. Article 198 sets
8296-421: The case of Norway , where the treaty was their accession treaty, the treaty (hence, their membership) was also abandoned. Treaties are also put before the European Parliament and while its vote is not binding, it is important; both the Belgian and Italian Parliaments said they would veto the Nice Treaty if the European Parliament did not approve it. The treaties contain a passerelle clause which allows
8418-464: The common commercial (external trade) policy of the EU. Articles 208 to 214 deal with cooperation on development and humanitarian aid for third countries. Article 215 deals with sanctions while articles 216 to 219 deal with procedures for establishing international treaties with third countries. Article 220 instructs the High Representative and Commission to engage in appropriate cooperation with other international organisations and article 221 establishes
8540-428: The constituents do not fully agree with the decision, then the representative acts as a trustee. The Roman Republic was the first known state in the Western world to have a representative government, despite taking the form of a direct government in the Roman assemblies . The Roman model of governance would inspire many political thinkers over the centuries, and today's modern representative democracies imitate more
8662-450: The content of the treaty itself. Invalidation is separate from withdrawal, suspension, or termination (addressed above), which all involve an alteration in the consent of the parties of a previously valid treaty rather than the invalidation of that consent in the first place. Representative democracy Representative democracy , electoral democracy or indirect democracy is a type of democracy where representatives are elected by
8784-536: The convention on mutual assistance in criminal matters of 2000. Numerous protocols to these agreements have also been concluded. The JHA was integrated into the EC structures as the area of freedom, security and justice with the Lisbon Treaty 's entry into force in 2009, which has allowed a number of these Conventions to be replaced by EU Regulations or Decisions. Finally, several treaties have been concluded between
8906-430: The core of the treaty on how cooperation in the field is to take place. Title three outlines institutional provisions and has largely been subsumed by the European Union treaties. Title four is on financial provisions and title five on the general and title six is on final provisions. The treaties can be changed in three different ways. The ordinary revision procedure is essentially the traditional method by which
9028-409: The dates on which the respective parties ratified the treaty and on which it came into effect for each party. Bilateral treaties are concluded between two states or entities. It is possible for a bilateral treaty to have more than two parties; for example, each of the bilateral treaties between Switzerland and the European Union (EU) has seventeen parties: The parties are divided into two groups,
9150-532: The different language versions of the treaties. The Treaty on the Functioning of the European Union goes into deeper detail on the role, policies and operation of the EU. It is split into seven parts. In principles, article 1 establishes the basis of the treaty and its legal value. Articles 2 to 6 outline the competencies of the EU according to the level of powers accorded in each area. Articles 7 to 14 set out social principles, articles 15 and 16 set out public access to documents and meetings and article 17 states that
9272-418: The domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes. The division between the two is often unclear and subject to disagreements within a government, since a non-self-executing treaty cannot be acted on without the proper change in domestic law; if
9394-418: The duty of a representative is not simply to follow the wishes of the electorate but also to use their own judgment in the exercise of their powers, even if their views are not reflective of those of a majority of voters. A representative who chooses to execute the wishes of their constituents acts as a delegate. If the representative chooses to use their best judgment and knowledge in making decisions, even when
9516-472: The following. Declaration 1 affirms that the charter, gaining legal force, reaffirms rights under the European Convention and does not allow the EU to act beyond its conferred competencies. Declaration 4 allocates an extra MEP to Italy. Declaration 7 outlines Council voting procedures to become active after 2014. Declaration 17 asserts the primacy of EU law . Declaration 27 reasserts that holding
9638-407: The form of " Government of Z "—are enumerated, along with the full names and titles of their plenipotentiary representatives; a boilerplate clause describes how each party's representatives have communicated (or exchanged) their "full powers" (i.e., the official documents appointing them to act on behalf of their respective high contracting party) and found them in good or proper form. However, under
9760-410: The interests or preferences of one or another constituency. The empirical research shows that representative systems tend to be biased towards the representation of more affluent classes to the detriment of the population at large. In his book Political Parties , written in 1911, Robert Michels argues that most representative systems deteriorate towards an oligarchy or particracy . This
9882-418: The iron law of oligarchy: A drawback to this type of government is that elected officials are not required to fulfill promises made before their election and are able to promote their own self-interests once elected, providing an incohesive system of governance. Legislators are also under scrutiny as the system of majority-won legislators voting for issues for the large group of people fosters inequality among
10004-655: The legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration . Legend for below table: [ Founding ] – [ Amending ] – [ Membership ] Norway applied to join the European Communities/Union on two occasions. Both times
10126-400: The legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification, i.e., "a party cannot add a reservation after it has already joined a treaty". Article 19 of the Vienna Convention on the law of Treaties in 1969. Originally, international law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted
10248-404: The legal obligations of states, one party to the original treaty and one party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of
10370-434: The legal obligations under the treaty. Minor corrections to a treaty may be adopted by a procès-verbal ; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e., where the text adopted does not correctly reflect the intention of the parties adopting it. In international law and international relations, a protocol is generally a treaty or international agreement that supplements
10492-724: The legislative process. Article 13 establishes the institutions in the following order and under the following names: the European Parliament , the European Council , the Council , the European Commission , the Court of Justice of the European Union , the European Central Bank and the Court of Auditors . It obliges co-operation between these and limits their competencies to the powers within
10614-445: The meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself. One significant part of treaty-making is that signing a treaty implies a recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law. Hence, nations can be very careful about terming an agreement to be
10736-434: The nationality and origin of the relevant persons. If necessary, national borders could be crossed by police forces of the respective neighboring country for capture and arrest . In the course of the 19th century, the term "cartel" (or "Cartell") gradually disappeared for intergovernmental agreements under international law. Instead, the term "convention" was used. An otherwise valid and agreed upon treaty may be rejected as
10858-411: The negotiations, if the other parties to the treaty were notified of those restrictions prior to his or her signing. Articles 46–53 of the Vienna Convention on the Law of Treaties set out the only ways that treaties can be invalidated—considered unenforceable and void under international law. A treaty will be invalidated due to either the circumstances by which a state party joined the treaty or due to
10980-487: The objective of association as promoting the economic and social development of those associated territories as listed in annex 2. The following articles elaborate on the form of association such as customs duties. Part 5 deals with EU foreign policy . Article 205 states that external actions must be in accordance with the principles laid out in Chapter 1 Title 5 of the Treaty on European Union. Article 206 and 207 establish
11102-600: The official legal procedures of the United Nations, as applied by the Office of Legal Affairs , including signature, ratification and entry into force . In function and effectiveness, the UN has been compared to the United States federal government under the Articles of Confederation . Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify
11224-408: The option to accept those reservations, object to them, or object and oppose them. If the state accepts them (or fails to act at all), both the reserving state and the accepting state are relieved of the reserved legal obligation as concerns their legal obligations to each other (accepting the reservation does not change the accepting state's legal obligations as concerns other parties to the treaty). If
11346-493: The other member states. Legend for below table: [ Amending ] – [ Membership ] Since the end of World War II , sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty ) in an increasing number of areas, in the European integration project or the construction of Europe ( French : la construction européenne ). The following timeline outlines
11468-402: The parliament and by their governments in the council and European Council – accountable to national parliaments . Article 11 establishes government transparency, declares that broad consultations must be made and introduces provision for a petition where at least 1 million citizens may petition the commission to legislate on a matter. Article 12 gives national parliaments limited involvement in
11590-662: The public votes directly on laws or policies, rather than representatives. Political parties often become prominent in representative democracy if electoral systems require or encourage voters to vote for political parties or for candidates associated with political parties (as opposed to voting for individual representatives). Some political theorists (including Robert Dahl , Gregory Houston, and Ian Liebenberg) have described representative democracy as polyarchy . Representative democracy can be organized in different ways including both parliamentary and presidential systems of government . Elected representatives typically form
11712-537: The public. Nearly all modern Western-style democracies function as some type of representative democracy: for example, the United Kingdom (a unitary parliamentary constitutional monarchy ), Germany (a federal parliamentary republic ), France (a unitary semi-presidential republic ), and the United States (a federal presidential republic). This is different from direct democracy , where
11834-466: The ratification must take place in its national parliament . On some occasions, a state has failed to get a treaty passed by its public in a referendum. In the cases of Ireland and Denmark a second referendum was held after a number of concessions were granted. However, in the case of France and the Netherlands , the treaty was abandoned in favour of a treaty that would not prompt a referendum. In
11956-409: The reserving state is a party to the treaty at all. There are three ways an existing treaty can be amended. First, a formal amendment requires State parties to the treaty to go through the ratification process all over again. The re- negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining
12078-500: The rights and binding obligations of the parties. They vary significantly in form, substance, and complexity and govern a wide variety of matters, such as security, trade, environment, and human rights. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). They may also be used to establish international institutions, such as the International Criminal Court and
12200-520: The rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations ; the first known example is a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations, and became increasingly common and more sophisticated during
12322-456: The same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now generally permitted to the extent that they are not inconsistent with the goals and purposes of the treaty. When a state limits its treaty obligations through reservations, other states party to that treaty have
12444-807: The simplification and modernization of extradition requests of 1989, the Dublin Convention of 1990 on asylum, the Arbitration convention of 1990 on double taxation , the Maintenance Convention of 1990, the Transfer of Criminal Proceedings Agreement of 1990, the Convention on the Enforcement of Foreign Criminal Sentences of 1991, the Eurovignette Agreement of 1994, and the Convention Defining
12566-595: The simplified revision procedure due to the small scope of its change. Any reform to the legal basis of the EU must be ratified according to the procedures in each member state. All states are required to ratify it and lodge the instruments of ratification with the Government of Italy before the treaty can come into force in any respect. In some states, such as Ireland, this is usually a referendum as any change to that state's constitution requires one. In others, such as Belgium , referendums are constitutionally banned and
12688-410: The state opposes, the parts of the treaty affected by the reservation drop out completely and no longer create any legal obligations on the reserving and accepting state, again only as concerns each other. Finally, if the state objects and opposes, there are no legal obligations under that treaty between those two state parties whatsoever. The objecting and opposing state essentially refuses to acknowledge
12810-474: The structure of the EU and advanced co-operation in foreign policy. The treaty was signed in Rome on 29 October 2004 and was due to come into force on 1 November 2006 if it was ratified by all member states. However, this did not occur, with France rejecting the document in a national referendum on 29 May 2005 and then the Netherlands in their own referendum on 1 June 2005. Although it had been ratified by
12932-416: The substance of the parties' actual agreement. Each article heading usually encompasses a paragraph. A long treaty may further group articles under chapter headings. Modern treaties, regardless of subject matter, usually contain articles governing where the final authentic copies of the treaty will be deposited and how any subsequent disputes as to their interpretation will be peacefully resolved. The end of
13054-567: The success of the Treaty of Paris , establishing the European Coal and Steel Community , efforts were made to allow West Germany to rearm within the framework of a common European military structure . The Treaty instituting the European Defence Community was signed by the six members on 27 May 1952, but it never entered into force as it was not ratified by France and Italy. The Common Assembly also began drafting
13176-497: The system of representative democracy, where representatives are elected. Stochocracy aims to at least reduce this degradation by having all representatives appointed by lottery instead of by voting. Therefore, this system is also called lottocracy. The system was proposed by the writer Roger de Sizif in 1998 in his book La Stochocratie . Choosing officeholders by lot was also the standard practice in ancient Athenian democracy and in ancient India . The rationale behind this practice
13298-701: The terms of the treaty and its travaux preparatory. It has, for example, been held that it is not possible to withdraw from the International Covenant on Civil and Political Rights . When North Korea declared its intention to do this the Secretary-General of the United Nations, acting as registrar, said that original signatories of the ICCPR had not overlooked the possibility of explicitly providing for withdrawal, but rather had deliberately intended not to provide for it. Consequently, withdrawal
13420-582: The towns . Later, in the 17th century, the Parliament of England implemented some of the ideas and systems of liberal democracy , culminating in the Glorious Revolution and passage of the Bill of Rights 1689 . Widening of the voting franchise took place through a series of Reform Acts in the 19th and 20th centuries. The American Revolution led to the creation of a new Constitution of
13542-508: The treaties have been amended and involves holding a full inter-governmental conference. The simplified revision procedure was established by the Treaty of Lisbon and only allows for changes which do not increase the power of the EU. While using the passerelle clause does involve amending the treaties, as such, it does allow for a change of legislative procedure in certain circumstances. The ordinary revision procedure for amending treaties requires proposals from an institution to be lodged with
13664-614: The treaties. Article 14 deals with the workings of Parliament and its election, article 15 with the European Council and its president, article 16 with the council and its configurations and article 17 with the commission and its appointment. Article 18 establishes the High Representative of the Union for Foreign Affairs and Security Policy and article 19 establishes the Court of Justice. Title 4 has only one article which allows
13786-439: The treaty is automatically terminated if certain defined conditions are met. Some treaties are intended by the parties to be only temporarily binding and are set to expire on a given date. Other treaties may self-terminate if the treaty is meant to exist only under certain conditions. A party may claim that a treaty should be terminated, even absent an express provision, if there has been a fundamental change in circumstances. Such
13908-593: The treaty itself. A treaty breach does not automatically suspend or terminate treaty relations, however. It depends on how the other parties regard the breach and how they resolve to respond to it. Sometimes treaties will provide for the seriousness of a breach to be determined by a tribunal or other independent arbiter. An advantage of such an arbiter is that it prevents a party from prematurely and perhaps wrongfully suspending or terminating its own obligations due to another's an alleged material breach. Treaties sometimes include provisions for self-termination, meaning that
14030-562: The treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding another clause to the treaty – this is commonly called an "authentic interpretation". International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish
14152-411: The treaty, such a process may result in financial penalties or other enforcement action. Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification ("denunciation"). For example,
14274-447: The treaty. Multilateral treaties typically continue even after the withdrawal of one member, unless the terms of the treaty or mutual agreement causes its termination. If a party has materially violated or breached its treaty obligations, the other parties may invoke this breach as grounds for temporarily suspending their obligations to that party under the treaty. A material breach may also be invoked as grounds for permanently terminating
14396-456: The twenty-sixth day of June, one thousand nine hundred and forty-five". If applicable, a treaty will note that it is executed in multiple copies in different languages, with a stipulation that the versions in different languages are equally authentic. The signatures of the parties' representatives follow at the very end. When the text of a treaty is later reprinted, such as in a collection of treaties currently in effect, an editor will often append
14518-443: The various estates ( classes , but not as we know them today) to advise/control monarchs led to relatively wide familiarity with representative systems inspired by Roman systems. In Britain, Simon de Montfort is remembered as one of the fathers of representative government for holding two famous parliaments. The first , in 1258, stripped the king of unlimited authority and the second, in 1265, included ordinary citizens from
14640-711: The vote through changes in state and federal law in the course of the 19th and 20th centuries. Until it was repealed by the Fourteenth Amendment following the Civil War , the Three-Fifths Compromise gave a disproportionate representation of slave states in the House of Representatives relative to the voters in free states. In 1789, Revolutionary France adopted the Declaration of
14762-531: The world. Treaties of "mutual guarantee" are international compacts, e.g., the Treaty of Locarno which guarantees each signatory against attack from another. The United Nations has extensive power to convene states to enact large-scale multilateral treaties and has experience doing so. Under the United Nations Charter , which is itself a treaty, treaties must be registered with the UN to be invoked before it, or enforced in its judiciary organ,
14884-434: Was not possible. In practice, states sometimes use their sovereignty to declare their withdrawal from and stop following the terms of a treaty even if this violates the terms of the treaty. Other parties may accept this outcome, may consider the state to be untrustworthy in future dealings, or may retaliate with sanctions or military action. Withdrawal by one party from a bilateral treaty is typically considered to terminate
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