Agreements

The term «agreement», like the term «treaty» itself, is used in a number of senses. In a generic sense, it covers any meeting of minds.

In a restricted sense, the term “agreement” means an agreement intended to have an obligatory character but usually of a less formal nature than a treaty. Like treaties, agreements in this restricted sense may be concluded between Heads of State, between States or between Governments.

Agreements are frequently concluded by exchange of notes, sometimes referred to as «letters». In such cases, the representative of one government sends the representative of another government a note setting forth the arrangements proposed or to be agreed upon. The reply agrees to and frequently repeats the terms of the first note.

А temporary or working arrangement made in order to bridge over some difficulty pending a permanent settlement is usually referred to as modus vivendi. This type of a temporary arrangement is made in a most informal way and does not require ratification. Commercial agreements of a temporary nature have often been entered into in the form of a modus vivendi by the United States as well as Great Britain.

Declarations

The term "declaration" usually denotes a treaty that declares existing law with or without modification, or creates new law. It may, however, be pointed out that not all declarations are to be regarded as treaties, as they do not create contractual obligations between two or more states.

Although sometimes declarations (i.e. legally binding agreements) are important international agreements in themselves, they are more often appended to a treaty or convention to form a subsidiary compact, or to place on record some understanding reached or some explanation given. A mere general statement of policy and principles cannot be regarded as intending to give rise to

a contractual obligation in the strict sense of the word.

Ministers for Foreign Affairs, even heads of government or heads of stale, now frequently meet for a few days, even for a few hours, to discuss policies and problems of common interest to their countries. These meetings lead to what is sometimes known under the traditional term of "Declaration" or "Communique".

Protocols

The term «protocol» designates different kinds of official documents recording, in an authoritative and solemn manner, the results of a negotiation. The form is very flexible.

In the field of international agreements, the term «protocol» is most often used to designate particular agreements, less formal than a treaty or convention, which supplement a basic agreement. Protocols are also frequently used to amend multilateral international agreements or to prolong their existence, "the Covenant of the League of Nations, for example, was amended in various articles by a series of protocols.

If, after the conclusion of the negotiation and before the treaty is signed, the high contracting parties desire to add new stipulations, the form of an "additional protocol" may be used. This is then signed on the same day and in the same form as the principal text. Additional protocols are, however, sometimes signed and ratified on later dates.