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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