Legal Definitions - personal treaty

A personal treaty refers to a formal, legally binding agreement between two or more countries that directly impacts the rights, status, or obligations of individuals, rather than solely governing the relationships, territories, or general policies between states. While all treaties are agreements between nations, a personal treaty is distinguished by its specific focus on the legal standing, protections, or responsibilities of people within or across national borders.

• Example 1: A Bilateral Social Security Agreement

  Imagine two countries, Country A and Country B, sign a treaty agreeing that citizens who have worked and paid social security taxes in one country can count that work towards their pension eligibility even if they retire in the other country. This means an individual who spent 20 years working in Country A and 10 years in Country B could combine their contributions to qualify for a full pension, rather than losing benefits from one country.

  This illustrates a personal treaty because it directly grants a specific financial right and alters the personal eligibility criteria for social security benefits for individuals who have lived and worked across these two nations. It doesn't just regulate state finances; it directly affects a person's retirement income.

• Example 2: An Extradition Treaty

  Consider a treaty between Country X and Country Y that outlines the procedures for handing over individuals accused of serious crimes from one country to the other. If a person commits a felony in Country X and then flees to Country Y, this treaty provides the legal framework for Country Y to arrest and return that individual to Country X to face justice.

  This is a personal treaty because it directly impacts the personal liberty and legal process for individuals suspected of crimes. It dictates their potential transfer between jurisdictions, affecting their freedom and where they will stand trial, rather than just defining the diplomatic relations between Country X and Country Y.

• Example 3: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

  Many countries have ratified the CAT, which obliges them to prevent torture within their borders and prohibits them from sending individuals to countries where there is a substantial risk they would be tortured. If a person seeks asylum in a signatory country, claiming they face torture in their home country, the CAT provides a legal basis for the asylum-seeking individual's protection.

  This exemplifies a personal treaty because it establishes fundamental human rights protections directly for individuals. It imposes obligations on states regarding how they must treat people and how they must protect individuals from severe harm, directly affecting the personal safety and dignity of every person under their jurisdiction.