The document provides biographical information about Adrian Nugraha and his academic qualifications and areas of expertise. It then discusses key aspects of international law including: - Definitions of treaties and international agreements - The authority of states to make treaties - Classifications of treaties - The treaty making process - Elements and formal script of treaties - Adoption and authentication of treaties - Consent to be bound by treaties through ratification, acceptance, approval and accession - Withdrawal of reservations and objections to reservations - Termination of treaties The document serves as a curriculum vitae and overview of the law of treaties under international law.

1. THE LAW OF TREATY
Adrian Nugraha
International Law Department
Faculty Of Law
Sriwijaya University
2017

2. Personal Information
-Name:Adrian Nugraha, S.H.,M.H.
-Address: Jl. Putri Kembang Dadar II,
Ilir Barat I,Palembang.
-Occupation: Lecturer, Faculty of Law,
Sriwijaya University.
-Office: International Law Section,
Faculty of Law, Sriwijaya
University Jl.
Palembang- Prabumulih,
Km.32, Indralaya, Ogan Ilir,
South Sumatera.
- Personal Contact: 082178069662.
- Email: - adriannugraha@fh.unsri.ac.id
- nugrahadrie@gmail.com
Education
- Education
- Faculty of Law, Gadjah
Mada University, 2007.
- Master of Law, Gadjah
Mada University, 2011.
Researcher, Trainer &
Consultant
- Trainer of Basic and
Advance Contract Drafting
- Environmental Impact
Assessment Consultant and
Trainer
- Oil and Gas Regulation
Consultant
- International Environmental
Law Researcher
- International Law
Curriculum vitae

3. References
No Title Writer Publisher
1 Hukum Perjanjian Internasional (Kajian Teori dan
Praktek Indonesia
Damos Dumoli Agusman Refika Aditama
2 Hukum Perjanjian Internasional (Teori dan
Praktek)
Kholis Roisah Setara Press
3 Hukum Perjanjian Internasional Sumaryo Suryokusumo Tatanusa
4 Undang-undang Nomor 24 Tahun 2000 Tentang
Perjanjian Internasional
- -
5 Hukum Perjanjian Internasional, Bagian 1 dan 2 I Wayan Parthiana Mandar Maju
6 1969 Vienna Convention
on the Law of Treaties
- -
7 Research Handbook on the Law of Treaties Christian J. Tams et al Edward Elgar Publishing
Limited
8 On The Interpretation of Treaties (The Modern
International Law as Expressed in the 1969
Vienna Convention on the Law of Treaties)
Ulf Linderfalk Springer
9 The Concept of Treaty In International Law Jan Klabbers Kluwer Law International
10 Treaty Handbook United Nations United Nations Publication

4. Instrument by which states and other subjects of international
law, such as certain international organizations, regulate
matters of concern to them. The agreements assume a variety
of form and style, but they are all governed by the law of
treaties, which is part of customary international law.
(Encyclopedia Britannica, https://www.britannica.com)
Terms and Definition
Treaty/ International Agreement
Defining International
All agreements to which
governments of two or more
states have (or are allowed
to) become parties (Austin.
2000. Modern treaty law and
practice. Cambridge:
Cambridge University Press)
Defining Agreements
All treaty as "an international
agreement concluded between
States in written form and
governed by international law" in
which states express a "consent
to be bound" (Articles 2(1)(a)
and 11 through 17, Vienna
Convention on the Law of
Treaties 1969)
• Without treaties, international law and international relations are difficult to imagine. From the dramatic to the
mundane, so much activity today is regulated by treaties. Where war is waged, we argue about the scope of the
Geneva Conventions, human rights treaties and of course the UN Charter. When States make peace or draw
boundaries, they do so by treaty. Where individuals suffer, international agreements provide us with a language and a
benchmark to characterise atrocities as ‘crimes’ or ‘human rights violations’.
• Some treaties reflect the international community’s hope for a more just world order, others entrench grave injustices.
(Citations: Christian J. Tams et al, 2014, Research Handbook on The Law of Treaties, Edward Elgar, Cheltenham, UK)
Treaty: an international agreement concluded between States in written form and governed by international law, whether
embodied in a single instru ment or in two or more related instruments and whatever its particular designation (Article 2
Vienna Convention 1969)

5. Agreements & Non-Agreements
Category Search Terms Used
Agreement Accord, Act-Agreement, Act-Commission, Act-Treaty, Acuerdo, Adjustment, Agreement, Arrangement-
Agreement, Articles of Association, Charter-Agreement, Constitution, Convencion, Convenio, Convention,
Convenzione, Covenant, Exchange of Letters Constituting An Agreement, Exchange of Notes Constituting An
Agreement, Grant Agreement, Instrument, Interim Agreement, Interim Arrangement, Interim Convention,
Loan Agreement, Provisional Understanding, Statute, Statute-Commission, Supplementary Treaty, Tratado,
Treaty
Amendment Agreement-Amendment; Amendment; Arrangement-Amendment; Extension
Other
Modification
Denunciation; Exchange of Letters Modifying an Agreement; Exchange of Notes Modifying an Agreement;
Proces-Verbal
Protocol Optional Protocol, Protocol, Protocole, Protocolo, Supplemental Agreement, Supplementary Agreement,
Supplementary Arrangement, Supplementary Protocol
Category Search Terms Used
Annex Annex; Appendix
Declaration Charter; Communiqu; Conclusions; Consensus; Declaraci; Declaration; Decree; Final Act; Mandate;
Negotiations; Proclamation; Statement
Memorandum of
Understanding
Acuerdo-Memorandum of Understanding; Agreed Record; Agreement-Memorandum of Understanding;
Community-COST Concertation Agreement; Memorandum; Memorandum of Agreement; Memorandum of
Arrangement; Memorandum of Cooperation; Memorandum of Implementation; Memorandum of Intent;
Non-Agreements - Terms From Title of Instrument Used for Initial Determination as Non- Binding
Instrument
Agreements - Terms From Title of Instrument Used for Initial Determination as Binding Instrument

6. Authority of a State to Making Treaty
Authority of a State
designating a person or
persons to represent the State
for negotiating, adopting or
authenticating the text of a
treaty. (Article 2 Vienna
Convention 1969)
In Indoneia, President has the
authority to make a treaty with
the approval of the House of
Representatives (Article 11
1945 Constitution of the
Republic of Indonesia)
The Government of the
Republic of Indonesia make
international agreements with
subjects of international law
based on the agreement; and
the parties are obliged to
implement the agreement in
good faith (Act Number 24 of
2000)

7. Classification of Treaty (1)
• Head of State Form:
High Contracting
Parties
• Inter-Government
form: contracting
State
• Inter-State Form
• Agreements are held
through the three
stages of formation :
negotiation, signatory and
ratification
• Agreements are held
through the two stages
of formation :
negotiation and signatory
• Bilateral Agreement
• Multilateral Agreement
• Agreements between
countries
• Agreements between
countries with a subject
of international law
• Agreement between the
subject of international
law which is not a
country with another
Classification
in terms of the
Classification
in terms of
entered into
an agreement
Classification
of the
agreement of
the parties
who made it
Classification
of the
agreement in
terms of form
Agreement
viewed from
the process /
formative
phase

8. Classification of Treaty (2)
• Politic: Ex: NATO
• Economy: Ex: IMF,
APEC, CGI
• Law : Ex: citizenship
statu
• Territorial Boundary
• A state declared itself
bound to the
agreements
• The state desired by the
Contracting Parties
• Law making treaties:
containing legal norms that
can be applied universally
(Geneva Convention 1949
• Treaty contracts: only
binds the parties to the
agreement
• Dispositive treaties:
purpose of the treaty is
considered completed
with execution (State-
Boundary)
• Executory treaties:
continuously during the
term of the agreement
(Trade Agreement)
Classification
based on
executing
agreements
Classification
in terms of
structure
Classification
from its
content
Classification
in terms of
consequence

9. Treaty Making Process
 The need for treaties has increased as the world's
interdependence has intensified. Continuing
technological innovation, economic globalization and the
growth of transnationalizm has resulted in an enormous
increase in the frequency and rapidity of global
interaction. Such challenges require both national and
international responses
 Efficiency and certainty of process enables the
government to negotiate with its overseas counterparts
with authority and credibility, and contributes to a state
becoming a source of influence in the treaty's
negotiation.
• Two or more
necessities are
met so that the
parties feel it is
important to
negotiate Treaty
Identification of
Needs and Goals
• The parties will
consider and
negotiate the
consequences
that will arise
after the treaty
ratified
Negotiation
• Adoption of the
text and
authentication of
the text.
• By signing a
treaty, a country
has agreed to
bind with treaty
Signature
• The Country is
bound to the
material after the
ratified in
legislation.
Ratification

10. Elements of Treaty Formal Script
Preamble
Content of
Treaty
Closing Clause/
Final Provisions
Annex
Usually the preamble of a treaty began by
mentioning the participating countries or contains
explanations spirit of treaty
Consists of articles which sometimes is significant
numbers. Generally contain "dispositive provisions" or
key problem or subject matter of international treaties
and “Formal clause” which is related to the subject
matter of formal and problems associated with the
implementation and entry into force.
The clause is no longer about the substance of
the treaty, but some regulatory mechanisms
such as the entry into force, terms of
applicable, duration, amendments, revisions,
and other accession
Annex contains provisions regarding the
technical or additional chapters or the entire
agreement and separate from the agreement.
Although separate, but is an integral part of the
agreement and have the same legal force to the
articles of treaty

11. Adoption & Authentication of The
Treaty
• The adoption of the text of a
treaty at an international
conference takes place by the
vote of two thirds of the States
present and voting, unless by
the same majority they shall
decide to apply a different rule.
ADOPTION
(Article 9 Vienna
Convention 1969)
• The text of a treaty is established as
authentic and definitive: By such
procedure as may be provided for in
the text or agreed upon by the
States participating in its drawing
up; or Failing such procedure, by
the signature, signature ad
referendum or initialling by the
representatives of those States of
the text of the treaty or of the Final
Act of a conference incorporating
the text.
AUTHENTICA
TION (Article 10
Vienna Convention
1969)
 Adoption is the formal act by which the form and
content of a proposed treaty text are established. As
a general rule, the adoption of the text of a treaty
takes place through the expression of the consent of
the states participating in the treaty-making process.
 Authentication refers to the procedure whereby the
text of a treaty is established as authentic and
definitive. Once a treaty has been authenticated,
states cannot unilaterally change its provisions. If
states which negotiated a given treaty do not agree
on specific procedures for authentication, a treaty will
usually be authenticated by signature, signature ad
referendum or the initialling by the representatives of
those states

12. Consent To Be Bound
RATIFICATION
Ratification allows States time to seek
approval for the treaty at the domestic level
and to enact any legislation necessary to
implement the treaty domestically, prior to
undertaking the legal obligations under the
treaty at the international level (article 14 (1)
of the Vienna Convention 1969 )
ACCEPTANCE/ APPROVAL
Acceptance or approval of a treaty following
signature has the same legal effect as
ratification, and the same rules apply,
unless the treaty provides otherwise. (article
14 (2) of the Vienna Convention 1969 )
ACCESSION
Accession requires only one step, namely,
the deposit of an instrument of accession.
The depositary, treats instruments of
ratification that have not been preceded by
signature as instruments of accession. .
(article 15 of the Vienna Convention 1969 )

13. Consent To Be Bound (Practical
Consideration)
Form of Instrument of Ratification, Acceptance, Approval or Accession
When a State wishes to ratify, accept, approve or accede to a treaty, it must execute an
instrument of ratification, acceptance, approval or accession, signed by one of three
specified authorities, namely the Head of State, Head of Government or Minister for
Foreign Affairs. There is no mandated form for the instrument, but it must include the
following:
Title, date and
place of
conclusion of the
treaty concerned
Full name and title
of the person
signing the
instrument, i.e.,
the Head of State,
Head of
Government or
Minister for
Foreign Affairs or
any other person
acting in such a
position for that
purpose issued by
one of the above
authorities
An unambiguous
expression of the
intent of the
Government, on
behalf of the State,
to consider itself
bound by the
treaty and to
undertake faithfully
to observe and
implement its
provisions
Date and place
where the
instrument was
issued
Signature of the
Head of State,
Head of
Government or
Minister for
Foreign Affairs or
any other person
acting in such a
position for the
time being or with
full powers for that
purpose issued by
one of the above
authorities.
1 2 3 4 5

14. Withdrawal of Reservations And Of
Objections To Reservations (1)
Denunciation and withdrawal are used interchangeably to refer to a unilateral act by which a nation
that is currently a party to a treaty ends its membership in that treaty. In the case of multilateral
agreements, denunciation or withdrawal generally does not affect the treaty’s continuation in force
for the remaining parties. For bilateral agreements, in contrast, denunciation or withdrawal by either
party results in the termination of the treaty for both parties. The termination of a multilateral
agreement occurs when the treaty ceases to exist for all States parties.
The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of
the application of the provisions of the treaty or of the present Convention. The same rule applies to
suspension of the operation of a treaty (Article 42 (2) VCLT’s).

15. Withdrawal of Reservations And Of
Objections To Reservations (1)
Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the consent of a State
which has accepted the reservation is not required for
its withdrawal (Article 22(1) VCLT’s 1969
Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time (Article 22(2)
VCLT’s 1969
Unless the treaty otherwise provides, or it is otherwise agreed:
(a) The withdrawal of a reservation becomes operative in relation to another contracting State only when notice of
it has been received by that State;
(b) The withdrawal of an objection to a reservation becomes operative only when notice of it has been received by
the State which formulated the reservation. (Article 22(2) VCLT’s 1969

16. Termination
Treaties may include a provision regarding their termination. Vienna Convention 1969 states that a
treaty may only be terminated as a result of the application of the provisions of the treaty itself or of
the Vienna Convention. A treaty can be terminated by a subsequent treaty to which all the parties of
the former treaty are also party.
Article 54 VCLT’s: The termination of a
treaty or the withdrawal of a party may
take place In conformity with the
provisions of the treaty or At any time by
consent of all the parties after
consultation with the other con tracting
States.
Article 56 VCLT’s: A treaty which
contains no provision regarding its
termination and which does not provide
for denunciation or withdrawal is not
subject to denunciation or withdrawal
unless It is established that the parties
intended to admit the possibility of
denuncia tion or withdrawal or A right of
denunciation or withdrawal may be
implied by the nature of the treaty.
Article 59 VCLT’s: A treaty shall be
considered as terminated if all the
parties to it conclude a later treaty
relating to the same subject-matter and
It appears from the later treaty or is
otherwise established that the parties in
tended that the matter should be
governed by that treaty or The
provisions of the later treaty are so far
incompatible with those of the earlier
one that the two treaties are not
capable of being applied at the same
time.
Article 60 VCLT’s: A material breach
of a bilateral treaty by one of the parties
entitles the other to invoke the breach
as a ground for terminating the treaty or
suspending its opera tion in whole or in
part.
Article 61 VCLT’s: A party may invoke
the impossibility of performing a treaty
as a ground for terminating or
withdrawing from it if the impossibility
results from the permanent
disappearance or destruction of an
object indispensable for the execution
of the treaty. If the impossibility is
temporary, it may be invoked only as a
ground for suspending the operation of
the treaty.
Article 62 VCLT’s: A fundamental
change of circumstances which has
occurred with regard to those existing at
the time of the conclusion of a treaty,
and which was not foreseen by the
parties, may not be invoked as a ground
for terminating or withdrawing from the
treaty.
Article 64 VCLT’s: Any existing treaty
which is in conflict with General
Principle, it becomes void and
terminates.