What is the key difference between an international treaty and an international agreement?

The key difference between an international treaty and an international agreement lies primarily in their formal process of creation and ratification, although the terms are often used interchangeably in common parlance. An international treaty is a formal, legally binding agreement concluded between states (countries) and governed by international law. The term 'state' here refers to a sovereign entity recognized by the international community, possessing a defined territory, a permanent population, a government, and the capacity to enter into relations with other states. Treaties are typically written, though they can be oral in limited circumstances under the Vienna Convention on the Law of Treaties (1969), which is itself a treaty establishing rules for treaty-making. The process of creating a treaty usually begins with negotiations between the involved states. Once the text is agreed upon, states then 'sign' the treaty, indicating their intent to be bound. However, signing alone does not make a treaty legally binding. 'Ratification' is the crucial subsequent step. Ratification involves a state formally confirming its consent to be bound by the treaty, typically through its own domestic legal processes, such as parliamentary approval or executive action. This demonstrates the state’s intention to become a party to the treaty and is a key element of its legal validity. For example, the Paris Agreement on climate change was signed by many countries, but it only became legally binding for each state after they completed their individual ratification processes according to their own national laws.

An international agreement, on the other hand, is a broader term encompassing any understanding between states, regardless of its formality or legal binding nature. It can include treaties, but also extends to less formal arrangements like memoranda of understanding (MOUs), letters of intent, or even informal political commitments. MOUs, for instance, often outline areas of cooperation but may not create legally enforceable obligations. While an international agreement *can* be legally binding, it doesn't necessarily have to be. The key distinction is that international agreements may not always require the formal ratification process associated with treaties. They might come into effect upon signature, or through some other mechanism specified within the agreement itself. The Vienna Convention on the Law of Treaties primarily governs treaties, not all international agreements. Therefore, while all treaties are international agreements, not all international agreements are treaties. The difference hinges on the level of formality and the presence of a ratification process to ensure domestic legal compliance and demonstrate a clear, legally binding commitment.