TREATY, CONVENTION AND PROTOCOL
TREATY:-
A treaty is a written international agreement between two states ( a bilateral treaty) or between a number of states ( a multilateral treaty), which is binding in international law. In a treaty willing parties assume obligations among themselves and a party which fails to live up to their obligations can be held liable under international law for that breach. Treaty can be loosely compared to contracts; both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law.
CONVENTION:-
A convention is a meeting of various states for a formal multilateral treaty with a broad number of parties . Convention generally means coming together for a common objective. 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 or any of their organs is known as convention.
PROTOCOL:-
These are important treaty instruments made when major amendments are required to be made to a convention which although already adopted, has not yet entered into force. For example, MARPOL 73/78. The protocol to MARPOL was adopted in 1978 as the 1973 convention was not in force in 1978. But then the question arises that why there is a protocol for SOLAS and ILLC in 1988. In 1988 both conventions were in force. The reason is of making some amendments in their articles. In 1988, harmonization of certificates were adopted through protocol in the conventions. For this the amendments were done in their articles. So protocol, will be called when
1) Major amendments are done when convention is not in force.
2) When amendments are made in the articles.
3) When there amendments are done in chapter 1 of SOLAS as chapter 1 of SOLAS is the articles.
A treaty is a written international agreement between two states ( a bilateral treaty) or between a number of states ( a multilateral treaty), which is binding in international law. In a treaty willing parties assume obligations among themselves and a party which fails to live up to their obligations can be held liable under international law for that breach. Treaty can be loosely compared to contracts; both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law.
CONVENTION:-
A convention is a meeting of various states for a formal multilateral treaty with a broad number of parties . Convention generally means coming together for a common objective. 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 or any of their organs is known as convention.
PROTOCOL:-
These are important treaty instruments made when major amendments are required to be made to a convention which although already adopted, has not yet entered into force. For example, MARPOL 73/78. The protocol to MARPOL was adopted in 1978 as the 1973 convention was not in force in 1978. But then the question arises that why there is a protocol for SOLAS and ILLC in 1988. In 1988 both conventions were in force. The reason is of making some amendments in their articles. In 1988, harmonization of certificates were adopted through protocol in the conventions. For this the amendments were done in their articles. So protocol, will be called when
1) Major amendments are done when convention is not in force.
2) When amendments are made in the articles.
3) When there amendments are done in chapter 1 of SOLAS as chapter 1 of SOLAS is the articles.
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