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Book VII Treaties and Treaty-Making, 33 Treaties and other International Instruments—III Pact, Act, Modus Vivendi , Declaration, Exchange of Notes, Memorandum of Understanding

Frank Berman, David Bentley

From: Satow's Diplomatic Practice (7th Edition)

Edited By: Sir Ivor Roberts

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 March 2023

Diplomatic relations — Sovereignty — Peace treaties — Specific treaties — Governments

This chapter continues the typology of treaties begun in the previous chapter. ‘Pacts’ in an international context refer to formal agreements between States. ‘Act’ meanwhile constitutes a piece of international law-making and may embody the decisive terms of the treaty complex. ‘Modus vivendi’ is used for a temporary or provisional agreement. ‘Declarations’ may be defined under the general heading of ‘unilateral acts’. The treaty concluded in the form of an Exchange of Notes or letters is the most frequently used device for formally recording the agreement of two governments upon all kinds of transactions. An MOU records international ‘commitments’, but in a form and with wording which expresses an intention that it is not to be legally binding. Finally, the term ‘Final Act’ is normally used to designate a document recording the formal summary of the proceedings and outcome of an international conference.

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