The FCTIC
In this case, not all countries are bound by the FCTIC; only those who have ratified such as Malaysia, Vietnam, Myanmar, and Thailand are legally bound. On the other hand, the act of signing the treaty by Singapore does not legally bind it. Signing only means that Singapore is acceptable to the contents of the treaty and would not undermine its objects and purpose. It does not, however, bind it to the agreement (Shaw 2017:114). Signing and ratifying a treaty have different effects on a nation According to Vienna Convention Article 10 and 18. Signing only shows intent while ratifying shows acceptance.
Question 2
Malaysia is not allowed to make reservations on the articles of the treaty under three conditions. The Vienna Convention under Articles 19-23 provides that a reservation cannot be made first if the treaty itself prohibits any reservations. In this case, the treaty might touch on essential human rights, such as protection against slavery and the right to life or education (Redgwell, 1997:390). Secondly, reservations cannot be made in an instance where the treaty only requires specific reservations, and Malaysia’s reservations do not fall among them. Thirdly, if the reservation is incompatible with the central purpose and objects of the treaty, then such reservations cannot be allowed because they would render it a lame duck.
Question 3
Vienna Conventions Article 20 and 21 provide the requirements for an objection to be valid. In both reservations and objections, time is known to be of the essence, and that applies all round (Müller, 2013:1124). Secondly, Myanmar needs to state in the strongest terms that the entire treaty is not in practice between itself and Malaysia. Myanmar, therefore, has to make it clear that it is objecting to the treat coming into effect between it and Malaysia. Subsequently, without such clear statements, it will be considered that the objections made by Myanmar were not legitimate and, as such, did not take effect.
Question 4
A treaty is only binding as to its provisions that were agreed upon by member states. The treaty does not authorize any member state to take it upon itself to implement provisions that do not form part of its objects and purpose (Shaw 2017:117). Subsequently, Vietnam is wrong in monitoring the border of Thailand through military force, which was not part of the FCTIC. The provisions have to be expressly agreed. In some cases, the manning of borders might be to protect the objects of the treaty, but that has to be agreed upon.
Question 5
Laos can apply the provisions relating to jus cogens; however, the rules are different to the core objects and purpose of the treaty. Laos would be required to accept the obligations by writing to the other member states (Fitzmaurice, 2002:39). The other member states must also be ready to extend such obligations to Laos. A third party is generally not bound by the provisions of a treaty unless there is consent from both parties.