Article 38(1) of the Statute of the International Court of Justice is generally regarded as setting out the sources of international law. International treaties and conventions is one of the sources of international law in terms of that Article. According to the 1969 Vienna Convention on the law of treaties; part 1, Article 2 on the use of terms- defines the term “treaty” as an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. It also includes international agreements involving international organizations as parties. In order to speak of a “treaty” in the generic sense, an
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An example of a Convention is the Convention on the Rights of the Child, which was adopted by the General Assembly of the United Nations on 28 November 1989. This Convention reaffirms the fact that children because of their vulnerability need special care and protection. Article 2 of this Convention states that all rights apply to all children without exception and that it is the State’s obligation to protect children from any form of discrimination and to take positive action to promote their rights. Article 28 talks about the right a child has to education and that it is the State’s duty to ensure that primary education is free and compulsory. This convention also applies to Namibia and the Namibian Constitution is also in conformity with the provisions of the Convention on the Rights of the Child.
A treaty is an agreement in written form between nation-states (or international agencies, such as the United nations, that have been given treaty-making capacity by the states that created them) that is intended to establish a relationship governed by International law. It may be contained in a single instrument or in two or more related instruments such as an exchange of diplomatic notes. Various terms have been used for such an agreement, including treaty, convention, protocol, declaration, charter, Covenant, pact, act, statute, exchange of notes, agreement, modus vivendi ("manner of living" or