Globalization has increased ties between the world’s states, leading to more agreements between them. However, setting up an agreement between several states (an international agreement) is not a simple task. Implementing different measures within a single state is a complicated process that has to pass through a large bureaucratic system. So imagine implementing different measures in several states!
-
The term international means interaction between more than one state. For example, an international agreement is an agreement between several states.
-
The term multilateral refers to three or more states. For example, a multilateral agreement is an agreement that involves at least 3 states.
-
An international convention (or international agreement) is an agreement negotiated between several states or international organizations.
Many international agreements, often called international conventions, are discussed and negotiated during international gatherings.
The process for establishing an international agreement has several stages:
-
International meetings and negotiations
-
Convention or agreement (first signature)
-
Ratification (second signature)
-
Protocol
1) International meetings and negotiations
Representatives from different states meet to discuss different issues. These meetings are often called international conferences. States make different decisions at these meetings. These decisions involve implementing concrete solutions to solve economic, environmental or political issues. After some negotiating, the various representatives reach an international consensus on what should be done.
2) Convention (agreement)
States that agree with this consensus sign the convention. States that sign the agreement commit to taking action to resolve the situation or issue under discussion. However, this is a symbolic gesture that does not entail any real obligation until the agreement is ratified.
States not present at the international conference where the agreement was signed can sign it at a later date. Each convention addresses these points: Can the convention be signed by states that were not present at the conference? How many ratifications are required for the convention to officially enter into force? etc. States that are not among the original signatories can usually ratify an agreement later on if they so choose.
3) Ratification
Following the meeting where the agreement was signed, states that want to confirm their original signature ratify the agreement. Ratification means the country will implement concrete measures to address the issues discussed at the meeting and the international negotiations. For example, they can agree on how to reduce greenhouse gases (GHGs). The state then makes a more formal commitment and has an obligation to fulfill its commitments.
***Some agreements require a minimum number of ratifiers in order for them to come into force.
Representatives of the different countries present at the meeting who take part in international negotiations are not always prime ministers, kings or chancellors. They are often diplomats or simply people who have been chosen to represent the country. They can sign the agreement, but do not have the power to ratify it. So who can ratify agreements? That depends on the country.
For example, in Canada, a copy of the agreement is given to each member of the House of Commons (elected MP) who then has 21 days to review it. However, the executive council of the government (the Prime Minister and his cabinet) has the final say and can officially ratify the agreement. Presenting the agreement to the House of Commons, which votes on laws, is mainly a courtesy to the House of Commons and the democratic system.
4) Protocol
After an agreement is established, one or more protocols may be created to complement the agreement. Protocols are drawn up to supplement a Convention. In these agreements, more precise objectives are established and clear deadlines set. These protocols must then be ratified by the states.
-
A protocol is a somewhat less formal agreement that complements and sometimes modifies an international convention.
-
Ratification is when a nation’s government approves and confirms its participation in an agreement or convention.
The difference between a convention and an agreement is very subtle. A convention is multilateral, in other words it is open to a very large number of signatories. An agreement is bilateral, or open to only a small number of parties. A protocol is less formal than agreements or conventions, since it only makes modifications or adds clarifications to them.
These distinctions are not always applied perfectly. Sometimes the official name given to an international agreement differs from the explanation given above. Different countries use different terminology.
International agreements do not always work in practice. Below are some factors that restrict the scope of international agreements.
This is the main factor that limits the effectiveness of international agreements, because a state cannot be forced to sign an agreement.
Sometimes a state does not think that the agreement serves its political or economic interests, so it decides not to sign. If an environmental agreement conflicts with a trade agreement, the trade agreement often gets priority.
Sovereignty is the absolute power of a state to govern itself by making its own laws and enforcing them within its territory. A sovereign state is independent, meaning that it cannot be controlled by any other state or institution.
After a summit, or any environmental meeting, all the representatives return home.There is no international government to monitor what happens in each country or to force a country to implement the environmental agreement that was signed.
Even if a state was involved at the international forum and signed the agreement, if it does not ratify it afterwards, it is pointless. There is no institution or body with the power to force a state to ratify the agreement.
Why would a state sign an agreement and then not implement it? Once a country’s government and advisors review the agreement, they may find that it ultimately does not align with the country’s plans or capabilities. The country may have limited economic and human resources, different political priorities, or the need to invest money in other areas.
While there is no international government that can force states to act, some measures or pressures can be put in place by other states that did sign and follow through with the agreement. Economic or political pressure can be put on a country that has ratified an agreement and is not sticking to its commitments. This pressure does not always work, but it can.
For example, an agreement is signed and ratified by 120 countries, including Canada. If Canada decides to withdraw from the agreement because it is too expensive, other countries can put political and economic pressure on Canada, such as no longer buying Canadian imports. Canadians or the international community may also put social pressure on the Canadian government.
Political, economic and environmental agreements and conventions have multiplied since the 1980s. Most economic agreements are multilateral, meaning they involve several states. This has led to the creation of large economic zones with no trade barriers. These zones facilitate trade between states.
Each economic agreement is unique. While NAFTA opts only for free trade, Mercosur is developing a common market in South America and the European Union is adopting a common currency.
Economic Zones
States also sign cultural and environmental agreements. Many states want to preserve their culture. This was made possible by the Convention on the Protection and Promotion of the Diversity of Cultural Expressions adopted during the General Conference of UNESCO.
States adopt international agreements to address environmental issues. Protecting the environment is a global issue. Most states around the world have signed on to agreements such as the Kyoto Protocol and the Paris Agreement.
Cultural and environmental policies