ABSTRACT
The legal framework regulating international treaties is contained in the 1969 Vienna Convention on the Law of Treaties which came into force on 27 January 1980. The preliminary research and drafting were carried out by the International Law Commission, whose commentary is a useful guide to the interpretation of the Convention. The relevance of the concept and definition of a treaty is to clarify which instruments have binding force and have to be implemented in good faith. The issue of Memorandums of Understanding has given rise to some controversies, though there are few things more inherent to the nature of an international treaty than to embody a mutual understanding of positions of parties — that which in the absence of that treaty would be characterised by divergence and disagreement. Treaties usually state expressly whether or not ratification is necessary, and this makes it difficult to know what rule to apply if the treaty is silent.
