72 The functional requirements of the literature are remarkably uniform. See e.B. images, note 3 above; Abbott, Kenneth W. & Snidal, Duncan, Hard and Soft Law in International Governance, 54 Int`l Org. 421 (2000)CrossRefGoogle Fellow; Aust, note 2 above; Boyle, note 26 above; Goldsmith & Posner, note 26 above; Hillgenberg, loc. cit. Note 2; Lipson, top note 11; Weiss, loc. cit. 26; see also Chinkin, loc. cit. Note 55; Dupuy, loc. cit.
Note 52; Mary, Ellen O`Connell, The Role of Soft Law in a Global Order, in Non-Binding Norms, supra Note 4, at 100 Google Scholar. International agreements are concluded between the EU, on the one hand, and another unit of international law, i.e. a state or an international organisation, on the other. Article 216 of the Treaty on the Functioning of the EU (TFEU) identifies the cases in which the EU has the power to conclude such agreements. Once negotiated and signed, they may be required, depending on the purpose of ratification by an act of secondary law. In the United States, the term „treaty“ has a different and more limited legal meaning than in international law. The U.S. law distinguishes what it calls „treaties“ from „executive agreements,“ which are either „congressional-executive agreements“ or „exclusive executive agreements.“ The classes are all equal international treaties; they differ only in the domestic law of the United States. 52 z.B.
Kratochwil, Friedrich V., Rules, Norms, and Decisions: On the Conditions of Practical and Legal Reasoning in International Relations and Domestic Affairs 200–01 (1989)Google Scholar (on the grounds that „it is of great importance that the hardness or softness of the [rules] can no longer be derived simply from the formality or genesis of the instrument“); see also Boyle, note 26 above, at 906–07; Pierre-Marie, Dupuy, Soft Law and the International Law of the Environment , 12 Mich. J. Int`l L. 420, 429–30 (1991)Google Scholar; Weiss, op. cit. Cit. Note 26, in 3. Treaties can be referred to by a number of different names: international conventions, international agreements, alliances, final acts, charters, declarations of intent (MOU), protocols, covenants, agreements and constitutions for international organisations. Usually, these different names have no legal meaning in international law (see the next section for the difference in U.S.
law). Contracts can be bilateral (two parties) or multilateral (between several parties) and a contract is usually binding only on the parties. An agreement „enters into force“ when the conditions for entry into force laid down in the agreement are met. Bilateral agreements usually enter into force when the two parties agree to be bound from a certain date. Australia`s constitution allows the executive government to conclude treaties, but the practice is that treaties are tabled in both houses of parliament at least 15 days before they are signed. Treaties are considered the source of Australian law, but sometimes require the enactment of an Act of Parliament, depending on the type. Contracts are administered and maintained by the Department of Foreign Affairs and Trade, which stressed that „the general position in Australian law is that contracts to which Australia has adhered, with the exception of those that end a state of war, are not directly and automatically incorporated into Australian law. Signature and ratification do not make treaties work at the national level.
In the absence of legislation, contracts cannot impose obligations on individuals or create rights under national law. Nevertheless, international law, including contract law, has a legitimate and important influence on the development of the common law and can be used in the interpretation of laws.  Treaties can be implemented through executive action, and often existing laws are sufficient to ensure compliance with a treaty. .