The exchange of documents is provided for in Article 13 of the 1969 Vienna Convention. This procedure is usually done by exchanging diplomatic notes. In practice, the memorandum in question often indicates that the exchange of documents in this treaty only takes effect if each party has informed the other party of the conclusion of its constitutional procedures. It is a bit like ratification. [66] Contracts can also be categorized on the basis of their effects, i.e. “law contracts,” also known as “normative contracts” and “contractual contracts.” In principle, the agreements that make up the law are established, universal principles and rules (a kind of “international law”). [44] [45] The European Court of Human Rights in Loizidou/. Turkey asserts that the European Convention on Human Rights is an example of an agreement that constitutes the law. [46] On the other hand, contractual agreements concern only ordinary legal transactions between certain parties, such as the transfer of sovereignty over a territory. However, this type of classification has been criticized because there are many agreements that contain elements of both, such as the peace treaty between countries. [44] Pacts are generally used in military and security agreements. For example, the Atlantic Pact is an agreement of the Atlantic Organization for Security and Defence Cooperation. The rules for the interpretation of contracts are set out in Articles 31 and 32 of the 1969 Vienna Convention.

These two chapters are now considered a symbol of international customs. The agreement is essentially interpreted in accordance with the common sense of a concept in context and is based on the intent and purpose of the agreement. If the meaning resulting from this interpretation is “clear or vague” or “impossible or inappropriate,” the interpreter may use interpretations complementary to Article 32 of the 1969 Vienna Convention, one of which examines the contract`s preparatory documents or pretrade. The rules for interpreting contracts are described in Articles 31 and 32 of the 1969 Vienna Convention. [93] Both chapters are a symbol of pre-1969 international customs and are mandatory for all. [94] It is also recognized by courts such as the International Court of Justice, the International Court of the Law of the Sea, the European Court of Human Rights, the European Court of Justice and the World Trade Organization Dispute Settlement Agency. [96] Therefore, the provisions of both articles may apply to contracts outside the scope of the 1969 Vienna Convention, such as. B treaties that are formulated by parties that do not comply with the convention. [97] If a country`s proposed requirements are not prohibited by the treaty in question, other countries may still object to these requirements on any basis. [89] Article 20, paragraph 4 of the 1969 Vienna Convention later stated that a party`s rejection of the requirements would not invalidate the corresponding agreement and that the requirements would come into force immediately once another country had accepted the requirements. [90] For countries that refuse, Article 21, paragraph 3, of the 1969 Vienna Convention specifies that the article subject to these requirements does not apply between the applicant`s states and the country of the exemption. [91] In the meantime, under Article 22 of the 1969 Vienna Convention, states may revoke these requirements at any time, unless there are other provisions in the treaty in question.

[92] An example of this agreement is the agreement between our government and the Commonwealth of Australia.