IDENTIFYING TREATIES ON THE BASIS OF THE INTENTION TO ESTABLISH RIGHTS AND OBLIGATIONS OF PARTIES

Abstract

Through an analysis of "the intention to establish rights and obligations" implied in the definition of international treaty of the 1969 Vienna Convention on the Law of Treaties and in the judgments of international adjudicative bodies, this article underscores the substantial role of  “the intention to establish rights and obligations” in identifying the treaty-nature of international instruments, especially of those instruments whose designations are highly debated. The article also points out the legal obstacles existing in the current law of Viet Nam in this regard and offers some proposals for improvement in order to avoid being unintentionally bound to international legal commitments.