What is the difference between convention and protocol




















On the other hand, it employs the term "international agreements" for instruments, which do not meet its definition of "treaty". Its Art. Although such oral agreements may be rare, they can have the same binding force as treaties, depending on the intention of the parties. An example of an oral agreement might be a promise made by the Minister of Foreign Affairs of one State to his counterpart of another State.

The term "international agreement" in its generic sense consequently embraces the widest range of international instruments. Agreement as a particular term: "Agreements" are usually less formal and deal with a narrower range of subject-matter than "treaties". There is a general tendency to apply the term "agreement" to bilateral or restricted multilateral treaties. It is employed especially for instruments of a technical or administrative character, which are signed by the representatives of government departments, but are not subject to ratification.

Typical agreements deal with matters of economic, cultural, scientific and technical cooperation. Agreements also frequently deal with financial matters, such as avoidance of double taxation, investment guarantees or financial assistance. The UN and other international organizations regularly conclude agreements with the host country to an international conference or to a session of a representative organ of the Organization. Especially in international economic law, the term "agreement" is also used as a title for broad multilateral agreements e.

The use of the term "agreement" slowly developed in the first decades of this century. Nowadays by far the majority of international instruments are designated as agreements. Agreements in regional integration schemes: Regional integration schemes are based on general framework treaties with constitutional character. International instruments which amend this framework at a later stage e. Instruments that are concluded within the framework of the constitutional treaty or by the organs of the regional organization are usually referred to as "agreements", in order to distinguish them from the constitutional treaty.

For example, whereas the Treaty of Rome of serves as a quasi-constitution of the European Community, treaties concluded by the EC with other nations are usually designated as agreements. Also, the Latin American Integration Association LAIA was established by the Treaty of Montevideo of , but the subregional instruments entered into under its framework are called agreements. Charters The term "charter" is used for particularly formal and solemn instruments, such as the constituent treaty of an international organization.

Conventions The term "convention" again can have both a generic and a specific meaning. Convention as a generic term: Art. This generic use of the term "convention" embraces all international agreements, in the same way as does the generic term "treaty".

Black letter law is also regularly referred to as "conventional law", in order to distinguish it from the other sources of international law, such as customary law or the general principles of international law.

The generic term "convention" thus is synonymous with the generic term "treaty". Convention as a specific term: Whereas in the last century the term "convention" was regularly employed for bilateral agreements, it now is 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 the instruments negotiated under the auspices of an international organization are entitled conventions e. The same holds true for instruments adopted by an organ of an international organization e. Declarations The term "declaration" is used for various international instruments. Declarations that are intended to have binding effects could be classified as follows: A declaration can be a treaty in the proper sense.

An interpretative declaration is an instrument that is annexed to a treaty with the goal of interpreting or explaining the provisions of the latter. A declaration can also be an informal agreement with respect to a matter of minor importance. A series of unilateral declarations can constitute binding agreements. It is normally ratified by the lawmaking authority of the government whose representative has signed it.

In the United States, the Senate must ratify all treaties. The Service usually is not an active participant in treaties as this is the jurisdiction of the U.

Department of State. The U. Department of State may ask us for our position on issues during the negotiation of a treaty. We are active in a number of conventions that involve issues specific to our mission, such as conservation and protection of species and their habitats.

It also includes measures intended to prevent the proliferation of chemical, nuclear, or biological weapons. The Chemical Weapons Convention prohibits the development, production, acquisition, stockpiling, and transfer of chemical weapons, including some biological toxins. The IHR are an international agreement between States Parties and the World Health Organization to monitor, report on, and respond to any events that could pose a threat to international public health.

The purpose of the IHR is to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are appropriate for and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade.

International Health Regulations, Article 2. The IPPC is a treaty concerned with preventing the introduction and spread of pests to plants and plant products and currently has government consignees.

The IPPC has developed phytosanitary guidelines and serves as a reporting center as well as an information source. Seven regional phytosanitary organizations have been established under the umbrella of IPPC. The PSI is a global effort that aims to stop trafficking of weapons of mass destruction, their delivery systems, and related materials to and from States and non-State actors of proliferation concern.

Launched on May 31, , U. DOS website. Since its launch by G-8 Leaders at the June Kananaskis G-8 Summit, the Global Partnership has worked to address nonproliferation, disarmament, counterterrorism, and nuclear safety issues through cooperative projects in such areas as destruction of chemical weapons; the dismantlement of decommissioned nuclear submarines; the security and disposition of fissile materials; and rechanneling employment of former weapons scientists to peaceful civilian endeavors.

Australia Group AG. The Australia Group AG is an informal forum of countries which, through the harmonization of export controls, aims to ensure that exports do not contribute to the development of chemical or biological weapons.

A set of international standards, known as the Paris Principles, has been agreed by which to gauge the independence and integrity of NHRIs. A framework exists for the participation of NGOs in many United Nations human rights mechanisms, such as the granting of consultative status with the Economic and Social Council, which allows them to participate in the Human Rights Council.

There are differences in the way the treaty bodies treat this information. Despite having freely assumed the legal obligations attached to the human rights treaties that they have ratified, some States fail to submit their reports to the treaty bodies.

There may be many reasons why States fail to report, ranging from war and civil strife to limited resources. In particular, committees are prepared to consider the situation in a country in the absence of a report. The website also provides information on the technical assistance available to State parties. An initial report is required within a fixed period after the treaty enters into force for the State concerned; periodic reports are then required at regular intervals.

A collective term embracing the various procedures for bringing complaints before treaty bodies. Pre-sessional working groups usually meet in closed session. A formal recommendation or decision issued by a treaty body.

The term has been used inconsistently to describe formal decisions on specific matters or resolutions of a more general nature, such as those resulting from a day of general discussion. Reporting guidelines for State parties. Written guidelines produced for State parties by each treaty body on the form and content of the reports that States are obliged to submit under the relevant treaty. A reservation is a statement, however phrased or named, 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 in which it would otherwise be unable or unwilling to do so. 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.

Reservations are governed by the Vienna Convention on the Law of Treaties, and cannot be contrary to the object and purpose of the treaty.

Reservations may be withdrawn completely or partially by the State party at any time. A procedure by which a treaty body will consider the situation in a country in the absence of a report from the State party. The review procedure was first adopted by the Committee on the Elimination of Racial Discrimination in Some committees forward a list of issues to the State party, even though there is no report. The formal rules adopted by a treaty body to govern the way in which it undertakes its business.

With the exception of the Committee on Economic, Social and Cultural Rights, committees are empowered by their respective treaties to adopt their own rules of procedure. Rules of procedure are related to, but distinct from, working methods. Each treaty requires the Secretary-General of the United Nations to provide secretariat support to its treaty body.

Every treaty body has a secretariat, consisting of a secretary and other international civil servants, based within the United Nations Secretariat, who manage the agenda of the committee and coordinate its programme of work.

This new optional reporting procedure adopted by the Committee against Torture, the Human Rights Committee, and the Committee on Migrant Workers consists in the preparation of lists of issues to be transmitted to States parties prior to the submission of their respective periodic report so as to facilitate the reporting process.



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