Practice question
A and B exchange two related written instruments titled Memorandum of Cooperation. The evidence establishes an agreement governed by international law, valid State consent and entry into force. Counsel argues that the absence of Treaty in the title conclusively makes the arrangement nonbinding. Which answer is correct?
- The label does not defeat the stipulated treaty character; related written instruments can constitute a treaty under Article 2
- Only a single document can ever constitute a treaty
- Every memorandum is necessarily a private commercial contract
- Two documents automatically remove international-law governance
- A document's color determines whether it is binding
Legal references
- Vienna Convention on the Law of Treaties (1969), Articles 2, 11–14, 24, 26, 27, 34 and 38: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
- Statute of the International Court of Justice, Article 38(1)(a): https://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf
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