Treaties and other International Compacts

In international law and diplomatic practice the term "treaty" is, used in

two senses. In a generic sense, it refers to all agreements between states which

are of a binding character.

Instruments setting out agreements between states bear different titles, such

as Treaty, Agreement, Convention, Protocol, Act, Declaration, Statute,

Regulations, Provisions, Pact, Covenant (Compromise, Accord, Arrangements.

Modus Vivendi, Exchange of Notes and Concordat).

Some of the agreements are highly formal in character whilst others are

not. The titles given to international agreements have little significance from the

legal point of view as all international agreements, by whatever name called, are

equally binding in nature.

In diplomatic literature, the terms "treaty”, “convention", and "protocol" are all applied more or less indiscriminately to international agreements. Sometimes the same instrument is designated in different places in its text by different terms. There is no obvious explanation for this diversity of

terminology. International law prescribes neither the form nor the procedure for the making of international engagements, and consequently their form depends upon the will and convenience of the parties. In practice it is governed also by usage and varies depending on whether agreement is reached between states, heads of state, governments (increasingly used), or particular ministers or departments.

II

It is not every international instrument, however formal it may be, that would be regarded as a treaty. Unless the instrument creates contractual obligations between two or more states, the essential requirements of a treaty are not fulfilled. The binding nature of treaty obligations is the oldest and doubtless the most fundamental rule of international law.

The next most solemn type of international engagement is the “convention”, derived from the Latin word convention meaning “agreement”. This term is frequently, though not necessarily, employed in connection with agreements to which a large number of countries are parties, and especially to agreements of the

law-making type. The treaty document covers the following parts:

1. The preamble containing:

(a) a list of the heads of state in whose names the treaty is concluded;

(b) a list of plenipotentiaries;

(c) usually a statement of the purposes and objectives of the treaty, sometimes accompanied by a recital of principles and circumstances;

(d) a declaration that the plenipotentiaries have the necessary powers.

2. The text generally containing, in the form of numbered articles, the respective agreements of the signatories. It also indicates:

(a) the requirements for bringing the treaty into force;

(b) its duration;

(c) the place where the exchange of ratifications will take place.

3. The final clauses, specifying that the plenipotentiaries have signed the treaty and have affixed their seals thereto, and including information on:

(a) the number of signed copies;

(b) if in more than one language, the languages used, and that each is equally authentic;

(c) the place and date of signature.

According to the importance of a treaty, the preamble can be more or less enlarged. The statements in the final clauses are, on the contrary, usually identical.

The provisions of a treaty determine the manner in which and the date on which the treaty enters into force. Where the treaty does not specify a date, there is a presumption that the treaty is intended to come into force as soon as all the negotiating states have consented to be bound by the treaty.