Does becoming an associate member of something like the EU count as a treaty?
Some definitions and explanations of what are legally binding and non-binding arrangements
www.treaty-accord.gc.ca
5. Definitions
5.1 Definition of “Treaty”
Canada adheres to the Vienna Convention on the Law of Treaties of 1969, which can be described as a codification of public international law on treaties. The Convention defines treaty in Article 2 as follows:
- "Treaty means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument, or in two or more related instruments and whatever its particular designation."
Canada is a party to many such instruments. These can be called Treaty, Convention, Agreement, Protocol or some similar word. An exchange of diplomatic notes or letters can also be a treaty.
Treaties can be bilateral, multilateral or plurilateral.
- Bilateral treaties are those between Canada and one other country.
- Multilateral treaties are those between three or more countries, generally developed under the auspices of international organizations.
- Plurilateral treaties are generally entered into between one State and a group of States.
- Agreements between Canada and International Organizations are often treaties governed by public international law.
For the purpose of this document, "treaty" is used in the general sense of any type of instrument governed by public international law.
8. Non-binding International Instruments
Under international law, a treaty creates international legal obligations for Canada.
Other international instruments (often referred to, in Canada as "Memorandum of Understanding" (MOU) or "arrangements") can be considered as creating only moral or political commitments.
In order to avoid situations where instruments that,
could reasonably be viewed to be treaties, and therefore covered by the Government's policy, are not mistakenly classified as non-binding instruments and thus not brought to the attention of the House of Commons,
each Department is responsible for ensuring that the proper distinction is made between treaties and non-binding instruments, in consultation with the Treaty Section of the Department of Foreign Affairs, Trade and Development.
For an explanation of the steps leading to the conclusion of a non-legally binding instrument, see Annex C.