2015
Ion GÂLEA, Challenges for the Notion of „Treaty”. The Difference between Treaties and International Non-binding Acts in the Practice of Romania
Abstract: The recent practice of international relations
witnesses a transition from “formal” treaties towards “informal” non-binding
international acts. The Romanian practice followed the relevant international
trends in this respect. This paper attempts to examine legal challenges related
to the common use of non-binding legal acts, as well as the effects of such
documents. Their legal nature is studied on the basis of relevant international
case-law, as well as of the opinions expressed in the doctrine. At the same
time, an examination of the practice of Romania in this area offers the
opportunity to formulate potential guidelines for a more consistent future
approach.
Key-words: treaty, non-binding act, memorandum of understanding
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