The role of treaties in the formation of international law with reference to treaty obligations answer according to the TWAIL article
Treaties are one of the primary sources of international law and play a crucial role in the formation and development of international legal norms. Treaties are formal agreements between states that establish rights and obligations for the parties involved. When states sign and ratify a treaty, they are legally bound to adhere to its provisions and fulfill the obligations outlined in the agreement.
With reference to Third World Approaches to International Law (TWAIL), treaties have historically been used by powerful states to advance their own interests and entrench their dominance in the international legal system. This has led to unequal power dynamics within the global legal order, with Western states often imposing their will on developing countries through treaties that disproportionately benefit the former.
However, TWAIL scholars have argued that treaties can also be a tool for marginalized states to assert their rights and challenge dominant power structures. By entering into treaties with other states and international organizations, developing countries can use international law to protect their interests, promote social justice, and hold more powerful actors accountable for their actions.
Overall, treaties play a crucial role in the formation of international law by establishing legal norms and obligations that govern state behavior on the global stage. While treaties have historically been used to reinforce power imbalances in the international legal system, they also have the potential to be a tool for marginalized states to assert their rights and promote a more equitable and just world order.