What is the Difference Between Treaty and Agreement?
🆚 Go to Comparative Table 🆚The main difference between a treaty and an agreement is their formality and scope. Here are the key differences:
- Treaties: Treaties are legally binding agreements between states (countries) in written form and governed by international law. They can be bilateral (between two parties) or multilateral (between several parties). Treaties are usually more formal and deal with a broader range of subject-matter than agreements. Examples of treaties include conventions, protocols, pacts, and accords.
- Agreements: Agreements are less formal and typically 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.
Under international law, the term "treaty" is used to describe any legally binding agreement between states, regardless of its name. The content of the agreement, not its name, makes it a treaty. In the United States, a treaty is specifically a legally binding agreement between countries that requires ratification, while all other agreements (treaties in the international sense) are called Executive Agreements.
In summary, treaties are more formal and comprehensive agreements between states, while agreements are less formal and typically address more specific issues. The distinction between the two is crucial in understanding the nature and implications of international commitments.
Comparative Table: Treaty vs Agreement
Here is a table outlining the differences between treaties and agreements:
| Feature | Treaty | Agreement |
|---|---|---|
| Definition | A treaty is an international agreement concluded between States in written form and governed by international law. An agreement is a less formal arrangement between parties that may or may not be written and may not be governed by international law. | |
| Legal Significance | Treaties are legally binding and enforceable under international law. Agreements may or may not be legally binding, depending on the specific terms and whether they are written or not. | |
| Formation | Treaties usually involve a formal process of negotiation, signature, ratification, and entry into force. Agreements can be formed through less formal processes, such as a memorandum of understanding or a declaration of intent. | |
| Scope | Treaties often address matters of significant international importance, such as trade, human rights, or environmental protection. Agreements may address a wider range of topics and can be more focused or specific in nature. | |
| Participation | Treaties typically involve multiple countries or international organizations. Agreements can involve countries, international organizations, or even non-state actors, such as corporations or non-governmental organizations. |
It is essential to note that there are various types of agreements in international law, and the term "agreement" can encompass a wide range of arrangements, not all of which are legally binding or governed by international law.
- Contract vs Agreement
- Treaty vs Convention
- Award vs Agreement
- Deed vs Agreement
- Bilateral vs Multilateral Trade Agreements
- Covenant vs Contract
- Negotiation vs Bargaining
- Convention vs Protocol
- Accession vs Ratification
- Negotiation vs Arbitration
- MOU vs Contract
- Constitution vs Legislation
- Convention vs Declaration
- Negotiation vs Mediation
- Tort vs Contract
- NAFTA vs EU
- Covenant vs Promise
- GATT vs WTO
- Convention vs Conference