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GLOSSARY OF TREATY TERMINOLOGY
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Abrogation: The formal act by a state of terminating its consent to be bound by an international agreement. Sometimes used interchangeably with ``denunciation.''
Acceptance: See ``consent to be bound.''
Accession: A process by which a nation that was not originally a party to a treaty which has already been agreed upon by other states, becomes a party to the treaty. A treaty must specifically provide for accession in order for states to accede to it. Sometimes the terms ``adherence'' and ``adhesion'' are used interchangeably with ``accession.'' Also see ``consent to be bound.''
Accord: The equivalent of agreement.
Acte finale: See ``final act.''
Adherence: See ``accession.''
Adhesion: The act of a state announcing its intent to abide by the principles of a treaty without formally becoming a party to it. See ``accession.''
Agreement pursuant to a treaty: A type of executive agreement which is concluded by the President on the basis of prior authority contained in an existing treaty.
Amendment: In the context of Senate conditions for approval of a treaty, amendments are proposed Senate changes in the text of a treaty. See also ``conditional approval.''
Approval: See ``consent to be bound.''
Arbitration: A dispute settlement process whereby the parties agree to submit their differences to judges of their own choice, and to abide by the decision of the judges.
Bilateral treaty: An international agreement concluded between two states.
Case Act: Formally called the Case-Zablocki Act after the legislation's sponsors (Public Law 92-403). A U.S. law requiring the President to transmit all international agreements other than treaties to the Congress within 60 days after their effective date.
Circular 175: An internal Department of State circular the purpose of which is to facilitate the application of orderly and uniform measures to the negotiation, signature, publication, and registration of U.S. treaties and international agreements, and to facilitate the maintenance of complete and accurate records on such agreements.
Conciliation: A non-binding dispute settling procedure by which a dispute is referred to a commission of persons who are empowered to examine the facts and make recommendations for settlement.
Conclusion: The culmination of negotiations into a specific agreement, usually marked by its signing or initialing.
Conditional approval: A term used to indicate Senate approval of a treaty subject to conditions such as amendments, reservations, understandings, declarations, and provisos.
Congressional executive agreement: A type of executive agreement which is concluded by the President with either prior or subsequent statutory authorization.
Connally amendment: This term refers to the reservation made by the Senate in ratifying the optional clause under Article 36, paragraph 2 of the Statute of the International Court of Justice. The reservation excludes from U.S. acceptance of the court's compulsory jurisdiction disputes with regard to matters which are ``essentially within the domestic jurisdiction of the United States of America as determined by the United States of America.''
Consent to be bound: A formal procedure by which a nation enters into an international agreement by expressing its intent to be legally bound by the agreement. Such consent to be bound may be expressed by ratification, acceptance or approval, accession, or by signature in the case of executive agreements. In U.S. practice, it is the President who ratifies a treaty after the Senate gives its advice and consent.
Convention: A term which denotes an international agreement concluded at an international conference. Often used interchangeably with ``treaty.''
Declaration: A formal statement, explanation or clarification made by the Senate about its opinion or intentions on matters relating to issues raised by a treaty under consideration. Such declarations are analogous to a ``sense of the Senate resolution.'' Other Senate statements which do not substantively modify a treaty may be entitled ``declaration,'' ``understanding,'' ``statement,'' or any other descriptive term desired. See ``conditional approval.'' The term ``declaration'' may also be used to signify a unilateral statement by a country. See ``non-binding international agreement.''
Denunciation: See ``abrogation.''
Deposit: Unless a multilateral treaty provides otherwise, it generally enters into force after the deposit of a specified number of instruments of ratification at a specific location. See also ``exchange of ratifications.''
Entry into force: The moment at which an international agreement becomes binding and formally enters into force. See also ``exchange of ratifications'' and ``deposit.''
Exchange of notes: An often-used means to conclude international agreements. Under this procedure, diplomatic notes embodying an agreement are usually exchanged between a diplomatic representative of a state and the Minister of Foreign Affairs (Secretary of State) of the country to which the diplomat is accredited.
Exchange of ratifications: Unless a treaty otherwise provides, bilateral treaties enter into force upon, or at a specified period after, a formal exchange of the instruments of ratification between the parties. See also ``deposit.''
Executive agreement: In the domestic law of the United States, an international agreement concluded by the President in accordance with a procedure other than that which is specified in Article II, Section 2, Clause 2 of the Constitution.
Final act: A formal statement or summary of the proceedings of a conference or congress. Also called ``acte finale.''
Final vote: Refers to a final Senate vote on the resolution of ratification of a treaty and the requirement for a two-thirds majority for approval.
Gentleman's agreement: See ``non-binding international agreement.'' Invalidation of a treaty: A process by which a state (or states) faced with an option of maintaining a treaty in force or of invoking grounds which would permit the state to terminate the treaty, chooses the latter option by invalidating the treaty. Grounds for invalidation of treaty include: fraud, corruption, coercion, error, and violation of a domestic law of fundamental importance. Violation of a peremptory rule of international law ( jus cogens) also constitutes grounds which make a treaty invalid.
Joint communique: See ``non-binding international agreement.''
Joint statement: See ``non-binding international agreement.''
Jus cogens: A concept accepted by many legal scholars and by the Vienna Convention on the Law of Treaties that certain rules or norms of international law are so fundamental that states are not permitted to violate them. An agreement by two states to invade and colonize another is often cited as violating such a jus cogens rule against the use of aggressive force.
Negotiation: The exchange and discussion of proposals by representatives of governments for the purpose of reaching an agreement or understanding.
Non-binding international agreement: An international agreement (or statement) which does not convey an intent by the party (or parties) to be legally bound. Common forms include unilateral commitments and declarations of intent, joint communiques and joint statements, final acts of international conferences, and so-called ``gentleman's agreements.''
Pacta sunt servanda: A well-recognized international rule that ``agreements must be kept.''
Presidential or sole executive agreement: A type of executive agreement which is concluded by the President solely on the basis of his independent authority under Article II of the Constitution.
Proclamation: A national act by which the terms of a treaty are ``made public.'' In the United States, the President generally proclaims treaties. The text of the President's proclamation includes a word-by-word recitation of any understanding, declaration, or reservation contained in the Senate's resolution of advice and consent.
Protocol: A term used to denote an international agreement. A protocol is often used to supplement, clarify, amend, or qualify a treaty and is sometimes of a less formal nature than a treaty.
Provisional application: A term which refers to measures taken by nations to carry out the provisions of a treaty prior to its formal entry into force.
Proviso: A condition on Senate approval of a treaty which relates to issues of U.S. law and procedure and does not directly involve the other parties to a treaty. See also ``conditional approval.''
Ratification: See ``consent to be bound.''
Rebus sic stantibus: A legal maxim which refers to a fundamental change of circumstances affecting the performance of obligations under an agreement which was not foreseen by those making the agreement at the time it was concluded and which provides grounds for termination of a treaty.
Reservation: A formal statement or condition which limits or modifies the substance of a treaty. Such statements are traditionally formally presented at the time of signature, ratification or accession of a treaty. In U.S. practice, reservations may originate with the Senate as part of its resolution of advice and consent to a treaty. See also ``conditional approval.''
Return: See ``withdrawal.''
Rule 25: The internal rule of the Senate which prescribes the jurisdiction of all Senate committees and which gives the Senate Foreign Relations Committee exclusive jurisdiction over treaties.
Rule 30: The internal rule of the Senate which governs the process of treaty consideration in that body.
Senate rule: See ``rule 25'' and ``rule 30.''
Sole executive agreement: See ``Presidential or sole executive agreement.''
Statement: See ``declaration.''
Suspension: A process whereby a state unilaterally decides to hold in abeyance its compliance with the provisions of an international agreement or with certain parts thereof.
Termination of a treaty: A process by which a nation declares that it will no longer adhere to a treaty which was valid and in force. Termination may be similar to withdrawal, although withdrawal is frequently the act which effects termination.
Treaty: In the domestic law of the United States, an international agreement concluded by the President with the advice and consent of two-thirds of the U.S. Senate as specified in Article II, Section 2, Clause 2 of the Constitution. Under international law, any binding international agreement between states which expresses an intent by the parties to be legally bound by international law to specified obligations.
Understanding: In the context of Senate consideration of a treaty, understandings are interpretative statements designed to clarify or elaborate (rather than change) the provisions of an agreement. See also ``declaration,'' and ``conditional approval.''
Unilateral declaration: See ``non-binding international agreement.''
Vienna Convention on the Law of Treaties: A multilateral treaty designed to govern treaty relationships among member states. As of December 11, 2000, 86 countries have ratified, or acceded to, the Vienna Convention; 5 states have succeeded to it. The United States signed it on April 24, 1970. The Senate, however, has not yet given its advice and consent to the convention.
Withdrawal: A means of terminating the obligations of an international agreement with respect to a withdrawing party. See ``termination of a treaty.'' In the context of Senate consideration of a pending treaty, ``withdrawal'' or ``return'' refers to the return of a treaty from the Senate prior to the Senate's giving its advice and consent.