| I (city), 10 October 19__ No. ____ Sir (Your Excellency), I have the honour to inform you that... and to propose that If these proposals are acceptable to the Government of , I have the honour to suggest (to propose) that this (the present) Letter and your reply (Your Excellencys reply) to that effect shall constitute an agreement (shall be regarded / considered as constituting an agreement) between the two Governments which shall enter into force on this days date (on 10 October 19__). Please accept, Sir (Excellency), the assurance(s) of my Please accept, Sir (Excellency), the assurance (s) of my highest consideration, For the Government of . (signed) | II (city),10 October 19__ No. ____ Sir (Your Excellency), I have the honour to acknowledge receipt of your Letter No. . of 10 October 19__, which reads as follows: [As in I] I have the honour to inform you (Your Excellency) that the foregoing proposal is acceptable to the Government of who therefore agree that your Letter and this (the present) reply shall constitute an agreement (shall be regarded / considered as constituting an agreement) between the two Governments which shall enter into force on this days date (on 10 October 19_). Please accept, Sir (Excellency), the assurance(s) of my Please accept, Sir (Excellency), the assurance (s) of my highest consideration, For the Government of .. (signed) |
Table 11
Exchange of Notes Constituting an Agreement
| I (city), 5 December 19_ No._ The Embassy of... presents its compliments to the Ministry of Foreign Affairs of... and has the honour to inform it of the following: .. The Embassy would regard (consider) a positive response from the Ministry as constituting an agreement (an understanding) between the two Parties in this matter. The Embassy of... takes (avails itself of) this opportunity to renew to the Ministry of Foreign Affairs of... the assurance (s) of its highest consideration. (signed) Ministry of Foreign Affairs of (name of country) (city) | II (city), 5 December 19_ No._ The Ministry of Foreign Affairs of... presents its compliments to the Embassy of... in... and, acknowledging receipt of the Embassys Note No.___ of 5 December 19___ has the honour to inform it of the following: . The Ministry will regard (consider) the above-mentioned Note from the Embassy and the present Note as constituting an agreement (an understanding) between the two Parties in this matter The Ministry takes (avails itself of) this opportunity to renew to the Embassy of... the assurance (s) of its highest consideration. (signed) Embassy of (name of country) (city) |
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D E C L A RATIO N S
The term declaration usually denotes a treaty that declares existing law with or without modification, or creates new law. It may, however, be pointed out that not all declarations are to be regarded as treaties, as they do not create contractual obligations between two or more states.
Although sometimes declarations (i.e. legally binding agreements) are important international agreements in themselves, they are more often appended to a treaty or convention to form a subsidiary compact, or to place on record some understanding reached or some explanation given. A mere general statement of policy and principles cannot be regarded as intending to give rise to a contractual obligation in the strict sense of the word.
Ministers for Foreign Affairs, even heads of government or heads of state, now frequently meet for a few days, even for a few hours, to discuss policies and problems of common interest to their countries. These meetings lead to what is sometimes known under the traditional term of Declaration or Communiqué.
The results of such conferences are usually, for lack of time, not set out in formal treaties signed in the traditional manner. Furthermore, the members of the executive authority do not usually need special power. Very often, the participants confine themselves to the drawing up of a common statement which is handed out during a press conference. Such documents, which can have an outstanding importance and political influence and be binding upon the participating governments, may have none of the classic character of international agreements.
Legal experts are concerned about the obligatory value of these declarations of intention or statements of policy and principles, the juridical character of which must still be defined. Normally, because of their designation as Declaration or Communiqué, they are assumed to constitute statements of intention or policy rather than to constitute international commitments, such as are normally embodied in the customary form of an international agreement.
The title Declaration is also frequently given to agreements between governments regarding some minor matter, and has been used in this way for a considerable number of agreements on such subjects as modification of a former convention, execution of letters of request, recognition of tonnage certificates, fishery regulations, etc. These may or may not provide for ratification.
EXHIBIT 9
DECLARATION
DECLARATION
