International Law | LLB Entrance Notes

Treaty, Convention, Protocol, Summit and Conference

International law uses several terms for agreements, diplomatic instruments and high-level meetings. Their legal effect depends on the intention of the parties, applicable international law and the terms of the particular instrument. The United Nations Treaty Collection provides authoritative guidance on commonly used treaty terminology.

Quick revision
Treaty: binding international agreement governed by international law
Convention: commonly used for formal multilateral treaties
Protocol: treaty instrument often supplementing or amending another agreement
Declaration: may state principles; legal force depends on context
Summit: high-level meeting, usually of heads of State/Government
Conference: formal meeting of States or international participants on specified subjects

Treaty

Under the Vienna Convention on the Law of Treaties, 1969, a treaty is an international agreement concluded between States in written form and governed by international law, whether contained in a single instrument or in two or more related instruments and whatever its particular designation.

"Treaty" is also frequently used as a generic expression covering binding international agreements, even where the instrument is formally called an agreement, convention, covenant, charter or protocol.

Convention

"Convention" is commonly used for formal multilateral treaties negotiated under international or intergovernmental auspices. The title alone does not determine legal effect; what matters is whether the parties intended to create obligations governed by international law.

Examples include the Vienna Convention on the Law of Treaties, the Convention on Biological Diversity and numerous human-rights and humanitarian-law conventions.

Protocol

A protocol is generally a treaty instrument connected with another agreement or with a particular subject. It may supplement, amend or elaborate an existing treaty, or operate as an independent international agreement. A protocol is therefore not merely a "set of rules formed for every treaty."

Summit

A summit is a high-level diplomatic meeting, typically involving heads of State, heads of Government or similarly senior leaders. A summit is a meeting rather than a type of treaty. It may result in declarations, communiques, agreements or other instruments.

Conference

An international conference is a formal meeting convened to discuss, negotiate or decide questions of international concern. Conferences may produce treaties, declarations, resolutions, action plans or non-binding political commitments.

Stockholm Declaration, 1972

The United Nations Conference on the Human Environment was held in Stockholm from 5 to 16 June 1972. It was the first major world conference to place environmental issues at the centre of international discussion.

The Conference adopted the Stockholm Declaration on the Human Environment, consisting of 26 principles, together with an Action Plan and related resolutions. The Declaration linked environmental protection with human well-being and expressed the principle that States have responsibility to ensure that activities within their jurisdiction or control do not cause environmental damage to other States or areas beyond national jurisdiction.

Rio Declaration on Environment and Development, 1992

The United Nations Conference on Environment and Development, commonly called the Earth Summit, was held in Rio de Janeiro from 3 to 14 June 1992. It adopted the Rio Declaration containing 27 principles.

Important themes include sustainable development, inter-generational equity, environmental protection as an integral part of development, poverty eradication, international cooperation, public participation, the precautionary approach and common but differentiated responsibilities.

The Rio Conference also produced Agenda 21 and opened the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity for signature.

Remember: Stockholm = 1972, 26 principles. Rio Earth Summit = 1992, 27 principles.

Important International Boundary and Demarcation Lines

Some names commonly appearing in general-knowledge and entrance examinations refer to present international boundaries, while others refer to ceasefire lines, military demarcation lines or historically important boundary arrangements. They should not all be treated as equivalent legal boundaries.

Line Area / States Correct exam note
Line of Control (LoC) India-Pakistan, Jammu & Kashmir sector A military control line deriving from the ceasefire-line arrangements and the 1972 Simla Agreement terminology; it is not the "24th parallel."
Radcliffe Line India-Pakistan partition boundary Boundary demarcation associated with the 1947 partition of British India into India and Pakistan.
McMahon Line India-China eastern sector Line associated with the 1914 Simla Convention arrangements; its status is disputed by China.
Durand Line Afghanistan-Pakistan region Historical boundary line agreed in 1893 between Afghanistan and British India; its contemporary political status remains sensitive.
17th Parallel Former North and South Vietnam Historical provisional military demarcation associated with the 1954 Geneva arrangements; not a current international boundary.
38th Parallel Korean Peninsula Historically associated with the division of Korea after World War II. The present Military Demarcation Line established by the 1953 Armistice lies roughly near, but does not simply follow, the 38th parallel.
Oder-Neisse Line Germany-Poland The post-World War II boundary between Germany and Poland, following principally the Oder and Lusatian Neisse rivers.

Key Terms at a Glance

TermBasic meaning
TreatyBinding international agreement governed by international law.
ConventionCommon designation for a formal, often multilateral, treaty.
ProtocolTreaty instrument that may supplement, amend or elaborate another agreement.
DeclarationInstrument setting out principles or commitments; legal force depends on context and intention.
SummitHigh-level diplomatic meeting, usually involving national leaders.
ConferenceFormal international meeting to discuss or negotiate specified subjects.

These notes are intended for legal education and entrance-examination revision. The legal status of an international instrument or boundary arrangement depends on its text, parties, subsequent practice and applicable international law.