Identifying treaties and international agreements from legal provisions and practice

Abstract

States join various types of international agreements, one of which is treaties. The concept of a “treaty” in international law is not explicitly defined, while national laws provide different provisions regarding this concept. This situation poses significant challenges for legal advisors, who must distinguish treaties from other international agreements to determine the appropriate procedures for managing them. This article addresses these challenges by analysing the importance of distinguishing treaties from various international agreements and surveys and compares state practices, thereby providing technical guidance on identifying treaties based on the text and other relevant factors associated with them.