This article has been written by Mr. Aditya Gupta, A 2nd-year student of Lloyd Law College, Greater Noida.

 

Abstract:

Embark on a journey through time as we explore the fascinating evolution of treaties, those official agreements between nations that shape the very fabric of international relations. From the informal handshakes of ancient times to the intricate legal documents of today, this article delves into the historical development of treaties, unraveling key moments that transformed them from mere promises to fundamental tools in governing state interactions. Beginning with the informal agreements of ancient civilizations we witness the foundation being laid for the recognition of shared responsibilities among sovereign entities. Moving into the Middle Ages treaties become more formalized, marking a shift towards structured international relations. The 19th century saw a surge in treaty practices with multilateral agreements taking center stage.

 

The early 20th century introduces us to landmark events such as the Hague Conferences paving the way for the establishment of the League of Nations and the Treaty of Versailles post-World War I. The United Nations emerged as a global peacekeeping entity in 1945, solidifying the role of treaties in maintaining peace and addressing humanitarian concerns as we enter the latter half of the 20th century and the early 21st century treaties proliferate, covering diverse issues from human rights to environmental protection. Bilateral and multilateral treaties become indispensable tools for addressing global challenges, exemplified by agreements like NATO, the Kyoto Protocol, and the Paris Agreement.

 

In conclusion, this historical exploration sheds light on the transformation of treaties into fundamental sources of international law. The journey from ancient customs to modern legal instruments reflects the adaptability of the international legal system to the changing dynamics of the global community. Understanding this trajectory provides valuable insights into the crucial role treaties play in shaping international norms, fostering cooperation, and resolving disputes, acting as the binding glue that holds our global community together.

 

Introduction:

 

This article is like a time-travel trip through how countries make agreements with each other. We’re going to chat about treaties – those official deals that nations sign. It’s a bit like going from ancient handshakes to today’s legal rulebooks for countries. So, imagine a long time ago when people first started talking and trading. They didn’t have fancy written agreements like we do now, but they still had ways of promising stuff to each other. As time rolled on things got more official. Treaties went from being informal agreements to becoming serious documents that nations follow.

 

We’re going to explore how this happened, step by step. We’ll talk about different times in history like the old days, the Middle Ages, and when modern nations were just figuring things out. Scholars and smart folks have written about this, so we’ll use their ideas to guide us. Think of it as uncovering the story of how treaties went from simple promises to being a big deal in how countries treat each other. From meetings in the past, like the Congress of Vienna, to today’s complex agreements, we’ll see how treaties became a big part of how the world works. So, let’s dive in and see how these historical moments shaped the rules that nations follow today!

 

Ancient Treaties and Customary Practices:

 

Travel back in time, and you’ll find that ancient countries had their own way of making deals – nothing like the formal contracts we have today. It was a bit like making promises with a handshake, relying on unwritten rules and traditions.Think about ancient Greece where city-states had these informal pacts, and the Roman Empire, where alliances were formed. They weren’t as official as today’s treaties; there were no fancy documents or legal talk. It was more like friends agreeing to have each other’s backs.

 

These early agreements were the building blocks for nations to understand they had shared responsibilities. Even though it wasn’t as formal, it set the stage for how countries recognized and committed to mutual obligations way back in the day.

 

Treaties in the Middle Ages:

 

way back in the Middle Ages, when knights were a thing and castles dotted the landscape, countries started making their deals more official. They weren’t just shaking hands anymore; they were drawing up papers and putting their seals on them. One big deal was the Treaty of Westphalia in 1648 – a real game-changer. It put an end to the Thirty Years’ War, a brutal conflict that had nations at each other’s throats. This treaty didn’t just stop the fighting; it also played a part in shaping what we call the Westphalian system. Fancy name, right? It’s basically a way countries organize themselves.

 

Now, these agreements weren’t as clear-cut as today’s treaties. No one was using complex legal jargon; it was more like saying, “Let’s stop fighting and figure out a better way to get along.” So, while things weren’t super precise, these Middle Ages agreements marked a shift towards a more organized and structured way of doing international relations – a bit like putting some order into the medieval chaos.

 

III. Emergence of Modern Treaty Practices:

 

Alright, imagine you’re in the 19th century, and things are changing fast. Countries aren’t just shaking hands anymore; they’re getting serious about how they deal with each other. One big meetup was the Congress of Vienna in 1815 – a fancy gathering where leaders got together to figure out how they should act on the international stage.

 

Now, this wasn’t just a talk fest; they were actually drafting up official papers, like a bunch of agreements. It was kind of like setting some ground rules for how countries should behave. But wait, there’s more! In the mid-1800s, they took it up a notch with what they called multilateral treaties. One standout was the Paris Declaration Respecting Maritime Law in 1856 – a mouthful, right? It was all about making rules for how ships and seas should be treated.

 

These weren’t just any rules; they were laying down the basics for how countries should behave. It’s like saying, “Hey, let’s agree on how we’re all going to act on the global stage.” So, the 1800s weren’t just about top hats and fancy dresses; it was a time when countries started putting down on paper how they wanted to treat each other – a real turning point in how the world worked.

 

The Hague Conferences and the Rise of Multilateral Treaties:

 

Step into the early 1900s, where things took a fascinating turn. Imagine these massive meetups known as the Hague Conferences in 1899 and 1907 – like a global brainstorming session where nations gathered to talk about pressing issues. But here’s the kicker – these weren’t your average conversations. They led to some serious changes. They decided to bring in a referee of sorts, the Permanent Court of Arbitration, to help countries sort out their differences. And that wasn’t the end of it. They rolled out the Hague Conventions – a playbook of sorts for countries, especially when things got intense during conflicts.

 

It’s as if they sat down and said, “Let’s agree on some ground rules when things get tough.” These rules spelled out exactly how nations should act when tensions rose, ensuring a fair game for everyone. So, the early 1900s weren’t just about fancy attire and big gatherings; it was a pivotal time when they set up a system to maintain order and ensure nations treated each other with fairness and respect.

 

The League of Nations and the Treaty of Versailles:

 

Now, picture the scene after World War I – it’s a mix of relief and big decisions. They set up something called the League of Nations, like a global peacekeeper, to make sure countries used treaties to stay chill and avoid fights. One major treaty stealing the spotlight was the Treaty of Versailles, signed in 1919. It was like the official stamp saying, “Okay, World War I is officially over.” But wait, there’s more to it – this treaty laid down some serious rules. It talked about changing borders, making sure everyone toned down their military gear, and even sorting out reparations – basically, figuring out who owed what.

 

But, and it’s a big but, the League of Nations faced some hiccups. Despite their efforts, World War II still happened. It’s like they tried to keep everyone in line, but things got a bit messy down the road. So, the post-World War I era wasn’t just about signing papers; it was a time of setting up a global peace squad, dealing with tough decisions, and learning some hard lessons along the way.

 

The United Nations and Post-World War II Treaties:

 

Fast forward to 1945 – big things are happening! They set up the United Nations (UN), like a worldwide club for countries to get together and sort things out. The UN Charter is like their rulebook, laying out how the organization works and how countries should behave. But it’s not just about rules on paper. After World War II, they came up with some major agreements that show they’re serious about doing right by people. 

 

Take the Geneva Conventions, for example – these are like super important promises about treating prisoners of war and regular folks with decency. It’s all about saying, “Hey, let’s be human and look out for each other.” So, post-World War II isn’t just about paperwork; it’s a time of starting fresh with a global community, making sure everyone plays fair, and putting down some ground rules to treat people with respect and kindness.

 

VII. Bilateral and Multilateral Treaties in the Contemporary Era:

 

Let’s zoom into the latter part of the 1900s and the start of the 2000s – things get really busy on the treaty front! Imagine a flood of agreements covering all sorts of stuff like human rights, saving the planet, and trade deals. It’s like countries are getting together and saying, “Hey, we need some ground rules for these big global issues.”

 

Now, it’s not just about two countries making a deal; it’s a big group effort. They call it multilateral agreements – a fancy term for lots of countries teaming up. Take NATO, for instance – it’s like a club of countries promising to have each other’s backs in case things get dicey and then there’s the Kyoto Protocol, where countries agree to tackle environmental issues, and the Paris Agreement, all about saving our planet. It’s a bit like the whole world coming together and saying, “Let’s work on these big problems as a team.” So, the later part of the 1900s and early 2000s isn’t just about signing papers; it’s like a global brainstorm session, figuring out how to make the world a better place together.

 

Conclusion:

 

Let’s wrap this up with a closer look at how treaties became a big deal in the world. Back in the day, it was like making promises with a handshake. But as time rolled on, countries realized they needed more structure to deal with each other. From those early agreements in ancient times to the detailed rulebooks we have today, the journey has been pretty wild.

 

Think about it – there were big moments and game-changing legal stuff along the way. Treaties turned from just friendly promises into serious tools that shape how countries act on the global stage. They’re like the instruction manuals for how nations should behave, covering everything from basic norms to solving big arguments.

 

In a nutshell, treaties are like super important tools that help countries work together, set the rules, and sort out disagreements. So, when we look back at how treaties evolved, it’s not just a history lesson; it’s like understanding how the world figured out better ways to get along. And guess what? It’s still changing! The international legal system is like a superhero, adapting to how the world keeps moving and shaking. So, knowing this history helps us see why treaties are such a big deal today – they’re like the glue that holds our global community together.

 

References:

1. Brownlie, Ian. “Principles of Public International Law.” Oxford University Press, 2012.
2. Dixon, Martin. “Textbook on International Law.” Oxford University Press, 2019.
3. Shaw, Malcolm N. “International Law.” Cambridge University Press, 2017.
4. O’Connell, D.P. “International Law.” Stevens & Sons, 1970.
5. Tunkin, Grigory. “Theory of International Law.” Brill, 1974.
6. Malcolm Shaw. https://www.britannica.com/topic/international-law/Custom.
7. Samantha Bessan, Theorizing the source of International Law, file:///C:/Users/Aditya%20Gupta/Downloads/BESSON_S._-_Sources_of_International_Law.pdf.