ocess of international law represents "a complexity that may verge on anarchy" (p. 7). Inasmuch as the efficacy and acceptance of international law is still largely dependent upon the consent of sovereign states, it follows that most international disputes are resolved and most principles of international law are promulgated by domestic rather than international courts. A relatively modern development is the establishment of truly international courts and other tribunals, such as international arbitral bodies, to determine the respective rights and obligations of states and sometimes private parties under international law. The growing inter-dependence of the nations and peoples of the world has fostered a tremendous increase in the role of international law in world affairs.
The most important source of international law is "the explicit, usually written, agreements of states" known as treaties, conventions or agreements (p. 9). The 1963 Vienna Convention on the Law of Treaties (Vienna Convention) defines a treaty as "an international agreement concluded between states in written form and governed by international law" (p. 15). Since the 19th century, the number of international treaties has greatly increased (30,000 recorded as of 1999) because "virtually every human activity is to some degree the object of some treaty" (pp. 11 & 13). Generally, international treaties are legally enforceable under the international legal principle known as pacta sunt servanda.
The law of treaties covers many facets. The capacity of states to enter into treaties is governed by municipal (domestic) law. For example, in the United States under Article II, sec. 2 of the Constitution, the President is empowered to conclude treaties with foreign powers provided he obtains the concurrence of 2/3's of the Senate.
A state may adopt a treaty by signing it, which simply means that it agrees to its form and content. That state is not, however, legall...