3 D e c l a ratio n s

The term “declaration” usually denotes a treaty that declares existing law with or without modification, or creates new law. It may, however, be pointed out that not all declarations are to be regarded as treaties, as they do not create contractual obligations between two or more states.

Although sometimes declarations (i.e. legally binding agreements) are important international agreements in themselves, they are more often appended to a treaty or convention to form a subsidiary compact, or to place on record some understanding reached or some explanation given. A mere general statement of policy and principles cannot be regarded as intending to give rise to a contractual obligation in the strict sense of the word. Ministers for Foreign Affairs, even heads of government or heads of state, now frequently meet for a few days, even for a few hours, to discuss policies and problems of common interest to their countries. These meetings lead to what is sometimes known under the traditional term of “Declaration” or “Communiqué”.

The results of such conferences are usually, for lack of time, not set out in formal treaties signed in the traditional manner. Furthermore, the members of the executive authority do not usually need special power. Very often, the participants confine themselves to the drawing up of a common statement which is handed out during a press conference. Such documents, which can have an outstanding importance and political influence and be binding upon the participating governments, may have none of the classic character of international agreements.

Legal experts are concerned about the obligatory value of these “declarations of intention” or “statements of policy and principles”, the juridical character of which must still be defined. Normally, because of their designation as “Declaration” or “Communiqué”, they are assumed to constitute statements of intention or policy rather than to constitute international commitments, such as are normally embodied in the customary form of an international agreement.

The title “Declaration” is also frequently given to agreements between governments regarding some minor matter, and has been used in this way for a considerable number of agreements on such subjects as modification of a former convention, execution of letters of request, recognition of tonnage certificates, fishery regulations, etc. These may or may not provide for ratification.

EXHIBIT 9

DECLARATION

Declaration

On the Promotion of the Relationship

Of Friendship and Cooperation between

(Name of country) and (name of country).

The Republic of ... and the Republic of …,

Considering the fruitful experience of mutually beneficial cooperation and close bonds of friendship between the two countries,

Convinced that the continued development of friendship and cooperation between them accords with the aspirations of the peoples of both states and serves the cause of preserving and strengthening peace and security in Africa and the world over,

Guided by their common desire to make a positive contribution to a peaceful settlement of controversial issues,

Reaffirming their allegiance to the purposes and principles of the Charter of the United Nations Organization,

HEREBY DECLARE:

1. Both Sides shall develop and strengthen relations of friendship and cooperation in the political, economic, scientific, technological, cultural and other fields on the basis of the principles of full respect for sovereignty, territorial integrity, non-intervention in internal affairs, equality and mutual benefit.

2. The Republic of ... and the Republic of ... declare their solidarity with the liberation struggle of the peoples of South Africa and Namibia and shall take all necessary measures for the complete implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples.

3. The Sides shall tirelessly strive for checking the arms race and preventing it from spreading to outer space.

4. The provisions of the present Declaration shall not affect the commitments earlier assumed by each of the Sides in respect of third countries and international organizations.

5. The Sides shall exert every effort towards promoting the traditional relationship of friendship and cooperation in accordance with the purposes defined in the present Declaration.

DONE AT ... on the ... day of ... , one thousand nine hundred and ... , in duplicate, in the English and French languages, both texts being equally authentic.

For the Republic of

(signed)

For the Republic of

(signed)

EXHIBIT 10

DECLARATION

annexed to a treaty

On 1 May 19_, the High Contracting Parties to the Treaty on European Union adopted the following Declaration: