Vienna Convention on the Law of Treaties, in order to draft a regular procedure for initiating an agreement has proposed a particular set of formalities necessary to be observed. These formalities distinguish the approach of Vienna Convention towards a treaty from any other casual way observed in any region of the world.
THE FOUR FORMALITIES
If we consider the definition of Treaty mentioned in Article 2(1-A); it will reflect the four formalities necessary to be observed.
- A treaty must be a written instrument or instruments between two or more parties.
- The parties should have been endowed with the status of International Personality.
- The treaty made between the states is ought to regulated and governed by the International Law.
- Creation of legal obligations should have been intended in making of a treaty.
These formalities are in fact no more different than the four general pre-requisites of a treaty to be made under the International Law.