o concluded by states or international organizations with treaty-making power;

o governed by international law and

o in writing.

♤ A framework convention or agreement describes a type of legally binding treaty which establishes broader commitments for its parties and leaves the setting of specific targets either to subsequent more detailed agreements (usually called protocols) or to national legislation. In essence, a framework agreement serves as an umbrella document which lays down the principles, objectives and the rules of governance of the treaty regime. e.g. the UNFCCC and the Kyoto Protocol

♤ Treaties often contain a mix of mandatory and non-mandatory elements. For example, Article 4.1 of the UNFCCC establishes legal obligations, because it specifies what parties ‘shall’ do to address climate change. By contrast, Article 4.2 formulates the target for Annex I parties to return emissions to 1990 levels by the year 2000 as a nonbinding ‘aim’, rather than as a legal commitment.

♤ The Convention took effect in 1994. The text of the Kyoto Protocol was adopted unanimously in 1997; it entered into force on 16 February 2005.

♤ A ‘convention’ is a formal agreement between States. The generic term ‘convention’ is thus synonymous with the generic term ‘treaty’. Conventions are normally open for participation by the international community as a whole, or by a large number of States.

♤ Usually the instruments negotiated under the auspices of an international organization are entitled conventions (e.g. the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations in 1989).