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Validity of oral international treaties and ability to invocable it | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 19, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 357-375 PDF (1007.89 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.186846 | ||
| Authors | ||
| Badr Mohammed Taher Mustafa* 1; AbdulFattah AbdulRazaq Mahmood2 | ||
| 1Law Department, Law College, Salahaddin University, Erbil, Kurdistan Region, Iraq. Law Department, Law Faculty, Tishk International University, Erbil, Kurdistan Region, Iraq. | ||
| 2Deputy minister of Higher Education and Scientific Research Ministry in the Kurdistan Region -Iraq. | ||
| Abstract | ||
| Jurisprudential views differ on whether international treaties can be concluded orally. The formal aspect of concluding these treaties is a necessary condition that must be fulfilled to be binding on the parties. On the other hand, the other view is that international treaties can be concluded without being bound by formal aspects, but that they are valid and capable of defining obligations on the parties. Hence, the question arises: can international treaties be concluded orally without affecting the validity of their conclusion and commitment by the parties? This study seeks to answer this question through analysis and consideration of the positions of jurisprudence and the judiciary, as well as the views of the International Law Commission and international legislation, including the Charter of the United Nations and the provisions of the Vienna Convention on the Law of Treaties concluded in 1969. To answer the above questions, we will discuss the concept of an oral treaty and the problems raised by such types of international treaties in the first section, then we will discuss the positions, whether jurisprudential or judicial, then the position of the International Law Commission in the Vienna Convention on the Law of Treaties of 1969 and international legislation represented by the United Nations Charter and the Vienna Convention on the Law of Treaties of 1969 in the second section, and in conclusion we will mention the conclusions we reached during this study. | ||
| Keywords | ||
| International treaties; Oral treaties; Formality of the treaty; Vienna Convention on the Law of Treaties; Customary international law | ||
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