Explanatory notes on international treaties and Memoranda of Understanding
International agreements can be set out in a treaty or in a memorandum of understanding. The main difference is that a treaty creates legally binding obligations under international law, whereas a memorandum of understanding is only politically or morally binding.
International treaties
Treaties are legally binding. Agreements from a treaty can be enforced in a national or international court.
Treaties can only be concluded with a party that has treaty power. Both States and international organisations can conclude treaties. Just like the other Communities and Regions of Belgium, Flanders has the power to conclude treaties on matters that fall within its jurisdiction.
Exclusive and mixed treaties
Based on the division of powers, a distinction is made between exclusively federal treaties, exclusively community and regional treaties and mixed treaties.
Exclusive treaties are treaties on matters that fall exclusively within the jurisdiction of the Communities or Regions. There are also exclusively federal treaties.
Mixed treaties are treaties on matters for which both the Federal Government and the Communities or Regions have jurisdiction.
Procedure
Treaties come about in three stages:
- negotiations
- signature
- parliamentary assent
Once the treaties have reached the second stage, they can be found in this overview.
More information on the procedure and division of responsibilities between the Communities and Regions and the Federal Government: 1994 Cooperation Agreement between the Federal Government, the Communities and the Regions on Mixed Treaties (in Dutch)(opens in new window).
Memoranda of Understanding
A Memorandum of Understanding is a written international agreement between partners that is not legally binding.
Unlike a treaty, a Memorandum of Understanding can also be signed between partners without treaty power, at both the government and administrative levels. A Memorandum of Understanding governs agreements and collaborations between governments, administrations or other partners.
A Memorandum of Understanding is a flexible instrument: it is often immediately applicable and easy to amend. It does not require parliamentary assent.