A convention is an etymology of two terms ‘con’ that means with together and ‘ventio’ means to come therefore the term convention means to come together for some purpose. In the international level when two or more states come together for meeting to have an agreement on a specific matter is known as an International Convention. It is one of the most important source for international law.
An international convention can be of general or particular nature. If the treaty is between two nations then it is known as bilateral treaties, and if it is between more than two nations them it is known as multilateral treaties. Since, there is a speedy increase in globalisation in the globe there was a need of conventions for maintenance of peace and harmony of the world which is the main objective of international law.
Importance of conventions International conventions laid down the principles for making policies and made focus on different matters where domestic law lack. Sometimes international conventions is taken into consideration while giving judgment on matters where the domestic law lacks with its provisions and norms. Like in India the case of Visakha Vs State of Rajasthan, international convention provisions and norm’s cleared the view in the sexual harassment of women at working place which provides gender equality, right to life with dignity and these provisions of international convention were inserted under Article 14, 15, 19(1)(g) and 21 of the Indian constitution .
Constitutionality of conventions in India Under the Article 253 of Indian constitution, it empowers Indian parliament to enter and ratify subjects of any international treaties which were given under the List I & List II in the seventh schedule and no obstructions could be put by the state legislature where the treaty is on the subjects of List II . Further, under the article 73 of constitution, the executive have also a power to make international treaty /convention if the parliament is not in session but it is empowered to make law on that particular matter. In the case of Maganbhai vs Union of India it laid down the provision that if once a treaty was ratified by the government then it will be the duty of all the three organs legislature, executive and judiciary to be implemented under the Constitutional framework.
Any international treaty proceeds in three step which are:- 1. Signing:- where the parties of treaty sign an agreement but in this place these treaties are not binding on the sovereign states. 2. Ratification: it means the agreement is now bounding on the nations and they cannot disobey the rules and regulations of the treaty. Ratification is done by the parliament of the country by taking the votes of their members. 3. Accession:- in this situation the treaty which has been already made by other countries but they offer third country to come and join that treaty. Some of the international conventions which are used to deal with the recent situation of the country are:- Geneva Convention of 1949 This convention broadly states about the protection of civilians at the time of war. As we all know that the Indian government took the provisions of this convention when wing commander Abhinandan Vardham was captured by the Pakistan air force in the region of POK as fights for the retaliation of Barakot air strike. Similarly, the Iranian defence chief Qasem Solemani was attacked by the USA government at Iraq which made questions before the Geneva convention rules and regulations. Convention On Protection & Punishment Of Crime Attack On Genocide: In this convention, recently a case was filled in the International Court of Justice where the Myanmar Rohiliya community were killed by the Cambia country . North Atlantic Treaty Organisation 1949 A statement was given by USA Prime Minister Donald trump to threaten the NATO by saying that USA will remove itself from this organisation in which French President replied it by saying it as ‘mentally dead' Footnotes:- https://en.wikipedia.org/wiki/Vishakha_and_others_v_State_of_Rajasthan http://www.legalservicesindia.com/article/2574/The-International-Treaties-Conventions-and-their-Influence-in-India. References: (a) https://www.law.cornell.edu/wex
(e) AIR 1997 SCC 3011
(f) 1969 AIR 783, 1969 SCR (3) 254