Defining the Boundaries of Legally Binding Treaties – Some Aspects of Japan’s Practice in Treaty-Making in Light of State Practice

In: International Community Law Review

Abstract

The boundaries between legally binding treaties and non-legally binding instruments have long been a subject of dispute. The ICJ judgments suggest focus on ‘the actual terms and to the particular circumstances in which it was drawn up’ in order to determine the legal nature of an instrument. This article explores some aspects of Japan’s practice in treaty-making in light of State practice, aiming at uncovering the approach and thinking behind State practice in treaty-making.