This little glossary is limited to the main technical terms of the Treaty Law. It borrows from the Vienna Convention on the Law of Treaties (1969),1 the UN Treaty Handbook 2 and the Glossary of terms relating to treaty actions.3 It is not organised alphabetically, but rather according to a certain temporal logic. A larger and more specific glossary on human rights may be found, for instance, in Ethics of Human Rights (Back Matter).4
Treaty/Convention/Protocole, etc.
Adoption
Contracting State
Final clauses
Authentic language
Depositary
Entry into force
Signature
Ratification/Acceptation/Approval/Accession
State Party
Third State
Interpretative declaration
Reservation
Amendment/Modification
Other terms
- –Treaty/Convention/Protocole, etc.
According to the Vienna Convention (Article 2):
“Treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;
According to the UN Treaty Handbook:
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Treaty is a generic term embracing all instruments binding under international law, regardless of their formal designation, concluded between two or more international juridical persons. […]
The application of the term treaty, in the generic sense, signifies that the Parties intend to create rights and obligations enforceable under International Law.
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No international rules exist as to when an international instrument should be entitled a treaty. However, usually the term treaty is employed for instruments of some gravity and solemnity.
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Bilateral treaty
A bilateral treaty is a treaty between two subjects of international law.
Multilateral treaty
A multilateral treaty is a treaty between more than two subjects of international law
Convention
Whereas in the twentieth century the term “convention” was regularly employed for bilateral agreements, it is now generally used for formal multilateral treaties with a broad number of Parties. Conventions are normally open for participation by the international community as a whole, or by a large number of States. Usually instruments negotiated under the auspices of an international organization are entitled conventions. The same holds true for instruments adopted by an organ of an international organization.
Protocol
A Protocol, in the context of treaty law and practice, has the same legal characteristics as a treaty. The term protocol is often used to describe agreements of a less formal nature than those entitled treaty or convention. Generally, a protocol amends, supplements or clarifies a multilateral treaty. A protocol is normally open to participation by the parties to the parent agreement. However, in recent times States have negotiated a number of protocols that do not follow this principle. The advantage of a protocol is that, while it is linked to the parent agreement, it can focus on a specific aspect of that agreement in greater detail.
- –Adoption
According to the UN Treaty Handbook:
Adoption is the formal act by which negotiating Parties establish the form and content of a treaty. The treaty is adopted through a specific act expressing the will of the States and the international organizations participating in the negotiation of that treaty, for example, by voting on the text, initialling, signing, etc. Adoption may also be the mechanism used to establish the form and content of amendments to a treaty, or regulations under a treaty.
Treaties that are negotiated within an international organization are usually adopted by resolution of the representative organ of that organization. For example, treaties negotiated under the auspices of the United Nations, or any of its bodies, are adopted by a resolution of the General Assembly of the United Nations.
Where an international conference is specifically convened for the purpose of adopting a treaty, the treaty can be adopted by a vote of two thirds of the States present and voting, unless they have decided by the same majority to apply a different rule.
See Article 9 of the Vienna Convention 1969.
- –Contracting State
According to the Vienna Convention (Article 2):
- f.“Contracting State” means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force;
According to the UN Treaty Handbook:
A contracting State is a State that has expressed its consent to be bound by a treaty where the treaty has not yet entered into force or where it has not entered into force for that State.
See Article 2 (1) (f) of the Vienna Convention 1969.
- –Final clauses
According to the UN Treaty Handbook:
Final clauses are provisions typically found at the end of a treaty, dealing with such topics as signature, ratification, acceptance, approval, accession, denunciation, amendment, reservation, entry into force, settlement of disputes, depositary matters and authentic texts. […]
- –Authentic language
According to the UN Treaty Handbook:
A treaty typically specifies its authentic languages – the languages in which the meaning of its provisions is to be determined.
- –Depositary
According to the UN Treaty Handbook:
The depositary of a treaty is the custodian of the treaty and is entrusted with the functions specified in Article 77 of the Vienna Convention 1969. […] A depositary can be one or more States, an international organization, or the chief administrative officer of the organization, such as the Secretary-General of the United Nations. […] The Secretary General, at present, is the depositary for over 550 multilateral treaties.
See Articles 76 and 77 of the Vienna Convention 1969.
- –Entry into force
According to the UN Treaty Handbook:
Entry into force of a treaty is the moment in time when a treaty becomes legally binding on the Parties to the treaty. The provisions of the treaty determine the moment of its entry into force. This may be a date specified in the treaty or a date on which a specified number of ratifications, approvals, acceptances or accessions have been deposited with the depositary. The date when a treaty deposited with the Secretary-General enters into force is determined in accordance with the treaty provisions. […]
- –Signature
According to the UN Treaty Handbook:
Definitive signature occurs where a State expresses its consent to be bound by a treaty by signing the treaty without the need for ratification, acceptance or approval. A State may definitively sign a treaty only when the treaty so permits. A number of treaties deposited with the Secretary-General permit definitive signature.
See article 12 of the Vienna Convention 1969.
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Simple signature applies to most multilateral treaties. This means that when a State signs the treaty, the signature is subject to ratification, acceptance or approval. The State has not expressed its consent to be bound by the treaty until it ratifies, accepts or approves it. […]
See Articles 14 and 18 of the Vienna Convention 1969.
- –Ratification/Acceptation/Approval/Accession
According to the Vienna Convention (Article):
b. “Ratification”, “acceptance”, “approval” and “accession” mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty;
According to the UN Treaty Handbook:
Ratification, acceptance and approval all refer to the act undertaken on the international plane, whereby a State establishes its consent to be bound by a treaty. […]
Ratification, acceptance or approval at the international level indicates to the international community a State’s commitment to undertake the obligations under a treaty.
See Articles 2 (1) (b), 11, 14 and 16 of the Vienna Convention 1969
Accession is the act whereby a State that has not signed a treaty expresses its consent to become a Party to that treaty by depositing an “instrument of accession”. Accession has the same legal effect as ratification, acceptance or approval. The conditions under which accession may occur and the procedure involved depend on the provisions of the relevant treaty. Accession is generally employed by States wishing to express their consent to be bound by a treaty where the deadline for signature has passed. However, many modern multilateral treaties provide for accession even during the period that the treaty is open for signature.
See Articles 2 (1) (b) and 15 of the Vienna Convention 1969.
- –State Party
According to the Vienna Convention (Article 2):
- g.“Party” means a State which has consented to be bound by the treaty and for which the treaty is in force;
According to the UN Treaty Handbook:
A Party to a treaty is a State or other entity with treaty-making capacity that has expressed its consent to be bound by that treaty by an act of ratification, acceptance, approval or accession, etc., where that treaty has entered into force for that particular State. This means that the State is bound by the treaty under international law.
See Article 2 (1) (g) of the Vienna Convention 1969
- –Third State
According to the Vienna Convention (Article 2):
- –Interpretative declaration
According to the UN Treaty Handbook:
An interpretative declaration is a declaration by a State as to its understanding of some matter covered by a treaty or its interpretation of a particular provision. Unlike reservations, declarations merely clarify a State’s position and do not purport to exclude or modify the legal effect of a treaty. […]
- –Reservation
According to the Vienna Convention (Article 2):
- d.“Reservation” means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State;
According to the UN Treaty Handbook:
A reservation is a statement made by a State by which it purports to exclude or alter the legal effect of certain provisions of a treaty in their application to that State. A reservation may enable a State to participate in a multilateral treaty that it would otherwise be unable or unwilling to participate in. States can make reservations to a treaty when they sign, ratify, accept, approve or accede to it. When a State makes a reservation upon signing, it must confirm the reservation upon ratification, acceptance or approval. […]
See Articles 2 (1) (d) and 19–23 of the Vienna Convention 1969
- –Amendment/Modification
According to the UN Treaty Handbook:
Amendment, in the context of treaty law, means the formal alteration of the provisions of a treaty by its Parties. […]
Modification, in the context of treaty law, refers to the variation of certain provisions of a treaty only as between particular Parties to that treaty. As between other Parties, the original provisions apply. […]
- –Other terms
According to the UN Treaty Handbook:
The term memorandum of understanding (M.O.U.) is often used to denote a less formal international instrument than a typical treaty or international agreement. It often sets out operational arrangements under a framework international agreement. It is also used for the regulation of technical or detailed matters. […]
A Final Act is a document summarizing the proceedings of a diplomatic conference. It is normally the formal act by which the negotiating Parties bring the conference to a conclusion. It is usually part of the documentation arising from the conference, including the treaty, the resolutions and interpretative declarations made by participating States. […]