A multilateral arrangement
A multilateral arrangement is an arrangement in which at least three countries participate. The agreement exists across structured international platforms or was established as a result of some degree of awareness of the current problem. Multilateral negotiations are used to accomplish a number of purposes, including global peace, environmental mitigation, and human rights protection (Milewicz and Snidal 823).
Dominance in multilateral agreements
Despite the equal administration of commitments in the multilateral treaties, countries with greater sway over the terms bolster their reasons for treaty accreditation during treaty negotiation. The primary factors that determine a country’s role in molding the multilateral agreements are power and the ability to make decisions independently. Problem-solving and decision-making processes create a suitable platform for the countries with resources and significant diplomacy enabling their influence dominance. For instance, the United States have an exceptional capability of pursuing decisions independently and easily control the multilateral treaty terms accreditation because of adequate resources, great power, and independence (Milewicz and Snidal 827). The United States as the chief signatory influenced the Rome Statute negotiation. The impact of the United States was continually felt throughout the treaty implementation and even after denouncing the deal (Milewicz and Snidal 828).
Restoring fairness through reservations
The participation of multilateral members’ fairness can be restored using reservations. Reservations provide equal opportunities for the treaty members to participate in the treaty despite their acceptance provisions. The reservations ensure that the country’s commitment to the treaty and its compatibility to the treaty policies: socially, politically and culturally to prevent unrealistic changes. Formulation of reservations is done upon approval or ratification. The reservations to multilateral treaty address the countries obligation to each other as members of the treaty (Gowlland-Debbas 85). The reservations exclusively elaborate and disclose the core matters concerning members as far as human rights are concerned. The reservations are used in a treaty except in the following situations: the treaty strictly prohibits reservations; the contemporary reservation is not specified amongst the acceptable reservations and incompatibility with the treaty objective (United Nations - Treaty Series 19).
Jus cogens and international law
Jus cogens are the concepts that establish the convention of international law that is hierarchically compelling. The jus cogens set of rules are inherently subject to no derogation in any respect. The jus cogens were established solidly under the natural law theory, which explicitly prohibits countries liberty to establish own contractual relations (Hossain 13). The jus cogens compel countries to adhere to the essential concept of the natural laws in international relations. The jus cogens subdue the factors favoring a country to mold the treaty approval: the members possess similar abilities. The jus cogens clearly state that a treaty is considered void if it conflicts the jus cogens set of rules at the time of approval (United Nations - Treaty Series 15).
Role of jus cogens in multilateral treaty negotiation
The treaty negotiation approval is based on the international law policy and members acceptability. The jus cogens play a critical role in the multilateral treaty negotiation transparency: it limits the power of countries to alter the normative international law. The jus cogens prohibit the treaty members from international public policy violation failure to which results in a critical violation of the international legal practice.
Effectiveness of jus cogens in negotiation
I concur with the fact that the jus cogens enhance equality of multilateral treaty members’ influence in the negotiation. The jus cogens create an even platform for participation to all the multilateral treaty members in the negotiation. The application of the jus cogens proves to be effective since early nineteenth century when they were recognized. The jus cogens have helped solve many treaty conflicts hitherto. In 1986 the application of the jus cogens theory was confirmed by the Vienna Convention on the Law of Treaties involving countries and international organizations. The fundamental role of the jus cogens set of rules applied beyond the treaty laws courtesy of the country’s obligation. For instance, the jus cogens evidently proved its importance in the Nicaragua case by breaching the international commitment upholding the members’ collective interest protection (Hossain 76-77).
Works Cited
Gowlland-Debbas, Vera. “Multilateral Treaty-Making: The Current Status of Challenges to and Reforms Needed in the International Legislative Process.” Papers Presented at the Forum Geneva Held in Geneva, Switzerland, May 16, 1998. The Hague [u.a.: Martinus Nijhoff Publ], 2000. Print., pp. 85.
Hossain, Kamrul. “The Concept of Jus Cogens and the Obligation Under the UN Charter.” Santa Clara J. Int’l L. 3, (2005).
Milewicz, Karolina M., & Duncan Snidal. “Cooperation by Treaty: The Role of Multilateral Powers.” International Organization, ABI/INFORM Collection. vol. 70, no. 4, 2016., pp. 823-844.
United Nations – Treaty Series. “I.E.1 Vienna Convention on the Law of Treaties (with annex) (23 May 1969).” International Law & World Order 1155-1-18232 (1969): 1-20.
