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treaty |
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An agreement whereby two or more states signify their intention to establish a new legal relationship between themselves - one which, being legal, involves the creation of binding obligations. In almost all cases treaties are in written form, and the Vienna Convention on the Law of Treaties confines the term to written instruments. However, it is possible to make an oral agreement which has the same status as a written one. Treaties may be concluded as between heads of state, states, governments, ministers (sense 3), or between any other authorized agents. A variety of terms besides that of ‘treaty’ may be used to describe the new instrument, such as convention, protocol, agreement, procèsverbal, declaration, modus vivendi, exchange of notes, exchange of letters, and final act. Other than in very exceptional circumstances, a treaty may not impose obligations or confer rights on third parties without their consent. See also accession; adoption; declaration (sense 4); depositary; entry into force; initialling; interim agreement; ratification; reservation; signature; United Nations Treaty Series. |
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