What Is a Treaty?
Defining treaties, distinguishing them from other international instruments, and understanding their legal significance.
Defining Treaties
The Vienna Convention on the Law of Treaties (VCLT), adopted in 1969 and entered into force in 1980, defines a treaty as '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.' This definition captures the essential elements: the parties must be subjects of international law, the agreement must be in writing, and it must be governed by international law.
The name of the instrument does not matter. Treaties can be called conventions, charters, protocols, pacts, accords, covenants, or simply agreements. The UN Charter, the Geneva Conventions, the Paris Agreement on climate change, and a bilateral fishing agreement between two neighboring states are all treaties.