A Memorandum of Understanding is a less formal international instrument. It often establishes operational rules as part of an international framework agreement. It is also used to regulate technical or detailed issues. It usually takes the form of a single instrument and does not need to be ratified. They are concluded either by states or by international organizations. The United Nations generally enters into agreements with Member States to organize peacekeeping operations or to hold UN conferences. The United Nations also concludes Memorandums of Understanding for cooperation with other international organizations. The term “agreement” may have a generic meaning and a particular meaning. It has also acquired particular importance in the law of regional economic integration.
Under international law, a treaty is a legally binding agreement between states (countries). A treaty can be called a convention, protocol, pact, agreement, etc. It is the content of the agreement, not its name, that makes it a treaty. Thus, the Geneva Protocol and the Biological Weapons Convention are the two treaties, although neither treaty in its name. Under U.S. law, a treaty is a legally binding agreement between countries that requires ratification and “consultation and approval” of the Senate. All other agreements (internationally treated) are called executive agreements, but are nevertheless legally binding on the United States under international law. The purpose of this introductory note is to provide an overview, but not exhaustive, of the keywords used in the United Nations Treaty Book to refer to binding international instruments in international law: treaties, agreements, conventions, charters, protocols, declarations, declarations, statements, modus vivendi and exchange of notes. The aim is to provide a general understanding of their scope and function. If a contract does not contain provisions for other agreements or measures, only the text of the treaty is legally binding. In general, an amendment to the Treaty only commits the States that have ratified it and the agreements reached at review conferences, summits or meetings of the States Parties are not legally binding. The Charter of the United Nations is an example of a treaty that contains provisions for other binding agreements.
By signing and ratifying the Charter, countries have agreed to be legally bound by resolutions adopted by UN bodies such as the General Assembly and the Security Council. Therefore, UN resolutions are legally binding on UN member states and no signature or ratification is required. An “exchange of notes” is the recording of a routine agreement that has many similarities to the private contract. The agreement consists of the exchange of two documents, each of which holds the document signed by the other`s representative. According to the usual procedure, the accepting State reiterates the text of the Member State of the Offer Member State in order to note its agreement. Signatories of the letters may be ministers, diplomats or department heads. The ticket exchange technique is often used, either because of its quick procedure or sometimes to avoid the legislative approval process.