نویسنده مسئول، استادیار پردیس فارابی دانشگاه تهران
عنوان مقاله [English]
From various aspects, the international law has fundamental differences with domestic legal systems. One of these differences is in the field of law making. In the system of international law, states will play an irrefutable role in the process of creating international rules and treaty is an important instrument of making rules. In order to have extensive cooperation, states would resort to concluding gentlemen’s agreements as well as treaties. The decisive factor in ascertaining an instrument in a legal agreement is by making sure that it is intended to create legal rights and obligations between the parties. The intention would be discovered by interpretation of context and circumstances in which the instrument was concluded. In regard to other evidences, it seems there is no rule of international law that would prohibit the creation ofgentlemen'sagreements. But due to non-legal nature, the international law and particularly the law of treaties will not apply ongentlemen's agreements. However, the application of some provisions of the law of treaties by parties or third institutions is possible provided it does not conflict with their non-legal or non-mandatory nature.