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Max Planck Encyclopedia of Public International Law [MPEPIL]

Pactum de contrahendo, pactum de negotiando

Hisashi Owada

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 06 July 2020

Customary international law — Treaties, conclusion — Treaties, entry into force — Good faith — Treaties, invalidity, termination, suspension, withdrawal — Treaties, binding force

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 A pactum de contrahendo or pactum de negotiando is a binding legal instrument under international law by which contracting parties assume legal obligations to conclude or negotiate future agreements (see also Treaties). Despite this seemingly straightforward explanation, however, distinguishing a legally binding pactum de contrahendo or pactum de negotiando from non-binding political declaration[s] or statements of intent (Non-Binding Agreements) can be difficult in practice. All such instruments express the parties’ intent to engage in some course of action....
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