Making of treaties

States enjoy full freedom as regards the modalities and form of agreement, for there are no rules prescribing any definite procedure or formality. However, over the years two main classes of (bilateral and multilateral) treaties have evolved in State practice. The first are treaties concluded 'in a solemn form'.

Once a written text is agreed upon and adopted, it is signed (or initialled and subsequently signed) by the diplomats and then submitted to the respective national authorities for ratification.

Second, there are treaties concluded 'in simplified form' (also called 'executiveagreements').

These are normally negotiated by diplomats, senior civil servants, or government experts, and become legally binding as soon as either the negotiators themselves or the Foreign Ministers of the contracting parties sign them. Sometimes they take the form of an exchange of notes between the Foreign Minister of a given State and the ambassador of another State accredited to the former. This class of agreement does not call for ratification by the Head of State, and consequently does not involve parliaments in their elaboration.

Generally speaking, it is however for States to decide how to bring into being legally binding undertakings. It all depends on their will.