♤ According to the VCLT, whether an agreement constitutes a treaty does not depend on its title, but on whether the parties intended the instrument to be governed by international law.

♤ Treaties can usually be distinguished from non-legally binding instruments by the inclusion of ‘final clauses’, addressing issues such as how states express their consent to be bound (for example, through ratification or accession) and the requirements for entry into force – provisions that would not make sense in an instrument not intended to be legal in character.

♤ Under the Vienna Conventions on the Law of Treaties, a treaty must be:

o a binding instrument, which means that the contracting parties intended to create legal rights and duties;