/VEE-en-uh kuhn-VEN-shuhn on the LAW of TREET-eez/·statute
Also known as:VCLT · Vienna Convention
Written by attorneys · grounded in primary & secondary sources — see below
A multilateral treaty that codifies the rules governing the formation, interpretation, amendment, and termination of treaties between states. Its provisions supply default principles for construing treaty text according to ordinary meaning and for determining when a treaty creates domestic legal obligations.
Sources & Authorities
How it applies
Common Examples
2
Presidential Memorandum on Consular Rights
Victor Vargas, a Mexican national convicted in Texas state court, petitions to reopen his capital case after learning that authorities never notified him of his right to contact the Mexican consulate. The President issues a memorandum instructing state courts to consider Vienna Convention claims in such cases. Because Congress has enacted no implementing legislation, the memorandum supplies no domestic legal effect and Victor's petition is denied under state procedural bars.
Interdiction of Haitian Migrants at Sea
The Coast Guard intercepts a vessel carrying Haitian nationals and returns them to Haiti without hearings. Advocates argue the action violates the Refugee Convention's prohibition on return. The court determines the meaning of return by applying ordinary-meaning principles drawn from the Vienna Convention on the Law of Treaties and concludes that the interdiction constitutes a prohibited return under the treaty.
Put it into practice
Test Yourself
2
Practice Essays2
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Study Supplements
Dictionaries
Sale v. Haitian Ctrs. Council, Inc.509 U.S. 155, 176 (1993)
Common questions
Frequently Asked
3
Does the Vienna Convention on the Law of Treaties itself create privately enforceable rights in U.S. courts?+
No. The Convention supplies rules for interpreting other treaties but does not itself become supreme domestic law without implementing legislation from Congress.
How do courts use the Vienna Convention on the Law of Treaties when construing another treaty?+
Courts apply its Article 31 directive to give treaty terms their ordinary meaning in context and in light of the treaty's object and purpose.
Can the President unilaterally enforce a non-self-executing treaty such as one interpreted under the Vienna Convention?+
No. The President lacks independent constitutional authority to direct state courts or agencies to comply with a non-self-executing treaty through a memorandum when Congress has passed no implementing legislation.
Constitutional LawThe separation of powers · The powers of the presidentUBEFoundational