2. Право международных договоров. Договорный процесс. Способы выражения согласия обязательность международного договора (подписание, обмен документами, ратификация, присоединение)

The law of treaties is the name given to that body of international law which deals with the procedural and substantive rules governing the use of treaties as a source of international law.

The term "treaty" describes international agreements in general, whether they are denominated

conventions, pacts, covenants, charters or protocols... These names have no legal significance; the same legal rules apply to one as to the other. A treaty by whatever name is still a treaty, it is an instrument governed by international law and, once it enters into force, the parties thereto have legally binding obligations in international law.

Treaties serve as the constitutions of international organizations, they can be a source of general international law, they are used to transfer territory, to regulate commercial relations, to settle disputes, to protect human rights, to guarantee investments, and so on.

The international law of treaties has been codified to a large extent in the Vienna Convention on the Law of Treaties (1969). The Convention entered into force in 1985 and has been ratified by many countries. The Convention defines a treaty as "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation" (Article 2). The scope of the Convention is limited. It applies only to treaties concluded between states (Article 1), excluding treaties between states and international organizations or between international organizations themselves. These are governed by the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations. The Convention only applies to written

agreements, but does not limit the application of oral agreements (Article 3).

Although the same legal rules apply to multilateral and bilateral treaties, the process by which these treaties are negotiated and concluded may differ. Bilateral treaties tend to originate in the foreign

ministry of one of the two interested parties. Following discussions, usually involving the respective embassies and exchanges of diplomatic notes, one or more draft texts will be prepared by the respective legal advisers. These texts will be the subject of negotiations until an acceptable draft has emerged.

Multilateral treaties between only a few states tend to be negotiated much the same way as bilateral treaties. Treaties designed to have a large number of states parties are as a rule drafted at diplomatic conferences where the participating states are represented by diplomatic delegations that include legal advisers. The conference will usually have before it various working papers or draft proposals, prepared by some states or international organizations in advance of the meeting. These

documents serve as the basis for the negotiations and bargaining that ultimately result in the text of a treaty.

The negotiating and drafting process at these diplomatic conferences resembles that of national legislatures. Here amendments to different provisions of the working papers are presented, drafting committees are established, alternative texts are proposed and debated, etc. The conference records are a valuable source of information on the drafting history of the treaty. The formal results of the conference are frequently summarized in a so-called Final Act, which usually contains the text of

the treaty.

The Final Act can and often does serve to authenticate the text of the treaty (Article 10). But the adoption of the Final Act is not as a rule designed to bring the agreement into force. Bilateral treaties enter into force on the international plane when both states indicate their intention to be bound by the agreement as of a certain date. Multilateral treaties often contain a provision indicating how many states have to accept the treaty before it will be in force as between them (Article 24).

Consent to be bound by treaty. Article 11 of the Convention declares that "the consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed."

Under international law any of the above mentioned methods may be utilized by a state to indicate its acceptance of the treaty. Often the treaty will specify the method, and if it declares, for example, that the states will be bound upon signing the treaty, their signature will have that effect (Article 12).

It is more common for a treaty to provide that it shall become binding upon ratification (Article 14(1). On the international plane, ratification is an act whereby a state, through its head of state, foreign minister, or duly authorized diplomatic agent, declares that it considers itself bound by the treaty. The declaration is usually contained in a so-called instrument of ratification. These instruments are either exchanged between the parties or deposited with a previously designated

depository government or organization, which performs various custodial functions relating to the treaty.

Treaties which call for signature and subsequent ratification usually also have a provision permitting accession. Such treaties might contain a provision that reads as follows, for example: "This treaty may be ratified by all states signatories thereto. Any other state wishing to become a

party to it, may do so by depositing an instrument of accession [adherence]. ..." Under such a clause, a signatory state becomes a party by ratification of the agreement; accession is reserved for states that were unable to or did not sign. Once a state becomes a party, however, it matters not whether it did so by ratification, accession or any other method allowed under the treaty.

Treaty Process

1. Negotiation

2. Adoption of the text

3. Authentication of the text

4. Consent to be bound

signature

exchange of instruments constituting a treaty

accession (присоед.)

acceptance

approval

ratification

5. entry into force

Космическое пространство: Определения, космический мусор, геостационарная орбита. Основные документы в области международного космического права

Outer space (often simply called space) is the void that exists beyond any celestial body including the Earth. It is not completely empty (i.e. a perfect vacuum), but contains a low density of particles.

The Outer Space Treaty provides the basic framework for international space law. This treaty covers the legal use of outer space by nation states, and includes in its definition of outer space the Moon and other celestial bodies. The treaty states that outer space is free for all nation states to explore and is not subject to claims of national sovereignty. It also prohibits the deployment of nuclear weapons in outer space.

A geostationary orbit (or Geostationary Earth Orbit - GEO) is a geosynchronous orbit directly above the Earth's equator (0° latitude), with a period equal to the Earth's rotational period and an orbital eccentricity of approximately zero.

Geostationary orbits are useful because they cause a satellite to appear stationary with respect to a fixed point on the rotating Earth. As a result, an antenna can point in a fixed direction and maintain a link with the satellite.

Space debris, also known as orbital debris, space junk and space waste, are objects in orbit around Earth that were created by humans but no longer serve any useful purpose. These objects consist of everything from spent rocket stages and defunct satellites to explosion and collision fragments. The debris can include slag and dust from solid rocket motors, surface degradation products such as paint flakes, coolant released by RORSAT nuclear powered satellites, clusters of small needles, and objects released due to the impact of micrometeoroids or fairly small debris onto spacecraft. As the orbits of these objects often overlap the trajectories of spacecraft, debris are a potential collision risk.

International treaties

5 international treaties have been negotiated and drafted in the COPUOS:

• The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (the "Outer Space Treaty").

• The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement").

• The 1972 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention").

• The 1975 Convention on Registration of Objects Launched Into Outer Space (the "Registration Convention").

• The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Treaty").

The Outer Space Treaty is the most widely-adopted treaty, with 98 parties.

In addition, the nuclear test ban treaty of 1963 banned the testing of nuclear weapons in outer space.