Themes

Themes Concluded (2003-2021)

Binding and Non-Binding Agreements

In 2020, the CJI approved Guidelines on Binding and Non-Binding Agreements with the purpose of providing a better understanding of non-traditional international agreements, including non-binding agreements among States and those concluded by government ministries and sub-national territorial units. These Guidelines are available in the official languages of the OAS:

In the development of this issue, the Inter-American Juridical Committee discussed the following documents over the years that serve as background information:

  • 2017
    CJI/doc.542/17corr.1 - Preliminary report on binding and non-binding agreements (presented by Dr. Duncan B. Hollis)

  • 2018
    CJI/doc. 553/18 - Binding and non-binding agreements: second report (presented by Dr. Duncan B. Hollis)
    CJI/doc. 563/18 - Binding and non-binding agreements: third report (presented by Dr. Duncan B. Hollis)

  • 2019
    CJI/doc. 580/19 - Binding and non-binding agreements: fourth report (presented by Dr. Duncan B. Hollis)
    CJI/doc. 593/19 - Binding and non-binding agreements: fifth report (presented by Dr. Duncan B. Hollis)

  • 2020
    CJI/doc. 600/20 - Binding and non-binding agreements: sixth report (presented by Dr. Duncan B. Hollis)
    CJI/RES. 259 (XCVII-O/20) - Guidelines of the CJI on binding and non-binding agreements
    CJI/doc.614/20 rev.1 corr.1 - Binding and Non-Binding Agreements: Final Report

In October 2020, the General Assembly requested the technical secretariat of the Committee, the DIL, to compile views from member states on the “Guidelines on Binding and Non-Binding Agreements” (AG/RES. 2959 para. ii)2). The following States have submitted comments:
- Argentina
-
United States