Pactum de contrahendo, pactum de negotiando
- 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....