International Protocol Definition
This introductory remark is intended to provide a fundamental — but not exhaustive — overview of the key terms used in the United Nations Treaty Series to refer to international agreements that are binding under international law: treaties, conventions, conventions, charters, protocols, declarations, declarations of intent, modus vivendi and exchange of notes. The aim is to facilitate a general understanding of their scope and function. The title attributed to these international instruments therefore does not normally have preponderant legal effects. The title may follow usual usage or refer to the particular character or importance that its parts must attach to the instrument. The degree of formality chosen depends on the seriousness of the issues addressed, as well as the political implications and intentions of the parties. If you do business in a foreign country, executives and managers should be aware of the rules and behaviors that are considered acceptable in social and professional relationships. The culture and traditions of each country cause people to behave differently, and if international managers do not know how to adapt to differences in corporate culture, they can provoke rejection from the other party and even jeopardize the success of negotiations. Some aspects related to the international trade protocol are as follows: “A protocol has the same legal characteristics as a contract in the context of contract law and practice. The term “declaration” is used for various international instruments. However, declarations are not always legally binding. The term is often deliberately chosen to indicate that the parties do not intend to create binding obligations, but only want to explain certain aspirations.
The Rio Declaration of 1992 is an example of this, but declarations can also be international treaties in the general sense of the term. It is therefore necessary to determine on a case-by-case basis whether the parties wished to create binding obligations. Determining the intention of the parties can often be a difficult task. Some acts entitled “Declarations” were not originally intended to have binding effect, but their provisions may have reflected customary international law or become binding as customary law at a later stage. This was the case with the Universal Declaration of Human Rights of 1948. Declarations intended to have binding effects can be classified as follows: the term “Charter” is used for particularly formal and solemn instruments such as the Constitutional Treaty of an international organization. The term itself has an emotional content that dates back to the Magna Carta of 1215. Well-known recent examples include the Charter of the United Nations of 1945 and the Charter of the Organization of American States of 1952.
The IHR (2005) is an international agreement between 194 States Parties and the World Health Organization to monitor, report and respond to all events that may pose a threat to international public health. The objective of the IHR (2005) is to prevent, protect and control the international spread of diseases and to provide a proportionate and limited public health response to public health risks and to avoid unnecessary interference with international traffic and trade. (International Health Regulations, art. 2). More information can be found in the IHR factsheets. In medicine, a protocol is a formal plan for treating a patient, especially in certain circumstances. In computer science, the protocol refers to a set of rules for formatting messages. In late Greek, the word prōtokollon referred to the first leaf of a papyrus scroll with the date of its manufacture. In some cases, it was a fly leaf stuck to the outside of a manuscript`s dwelling and containing a description of its contents. Starting from the Greek prefix prōto- (“first”) and the noun kolla (“glue”), prōtokollon gave us our word protocol. In its first use in the 15th century, the word referred to a prologue or preface, as well as a record of a document or transaction. .
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