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The difference between convention and slogan
1. A treaty refers to any agreement that determines the relationship between the rights and obligations of both parties. It can have different names.
In a narrow sense, a treaty refers to an international agreement concluded in the name of a treaty, which involves political, economic, legal and other important issues and has a long validity period.
For example, 1996 World Intellectual Property Organization Copyright Treaty 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies 1980 Consular Treaty between People's Republic of China (PRC) and the United States, etc.
2. Contract (or contract) is a legal act established by both parties based on the expression of will, and it is the main form of autonomy in private law.
Generally speaking, contract refers to legal acts in private law, which can be divided into creditor's rights contracts (such as buying and selling), property rights contracts (such as ownership transfer registration) and identity contracts (such as marriage), but there may also be contractual relations in public law.
In civil law, the narrow contract (that is, the creditor's rights contract) is one of the causes of debt, and those contracts that are only called contracts are mostly creditor's rights contracts.
Contract behavior is not equal to "contract", and a contract may contain multiple contract behaviors; There is no need to conclude a written contract. In principle, a contract is a legal act of promise and unwanted things. Only under special circumstances, based on special considerations (such as public welfare), will the law explicitly require it.
3. Convention refers to a multilateral treaty adopted under the auspices of international organizations or international conferences to deal with rules in specific fields.
For example, 1982 United Nations Convention on the Law of the Sea, 196 1 Vienna Convention on Diplomatic Relations, 1969 Vienna Convention on the Law of Treaties and so on.
Extended data:
Features of the Convention:
1. public agreement
One of the outstanding features of the convention is its conventionality. Although the Convention is binding, it is not a mandatory provision formulated by the relevant administrative departments, but a public contract law concluded by contractors or contractors through voluntary consultation.
Generally speaking, it does not come from the administrative department, but from social groups or people, and has certain folk characteristics. It is not a formal law and regulation, and it is only morally binding on participants and has no legal effect.
2. Long-term applicability
The contents involved in the convention are generally long-term and stable, so the convention also has long-term applicability and will not become obsolete in a short time because of the passage of time.
This point should be fully considered when formulating the convention, and the principled matters of long-term significance that everyone cares about should be written into the convention. If the original convention is found to be out of date, it is necessary to discuss the formulation of a new convention to replace it.
3. Collective supervision
Once the convention is recognized by the public, it is the contractor's behavior and moral norms. Everyone has the obligation to perform the convention and must not violate it.
At the same time, it is also the basis for people to supervise each other, and everyone has the obligation to supervise others according to the convention. Everyone has the right to criticize and condemn any violation of the Convention.
4. Basic principles
In most cases, the content of the convention is some basic moral standards and the principle requirements of spiritual civilization construction. Generally, it does not involve specific action methods and implementation measures, nor is it as detailed and specific as the detailed rules. Therefore, most conventions are short and pithy.
Step 5 agree
The Convention was drafted on the basis of public consultation and should be recognized by every contracting party. Generally speaking, abstaining from voting does not affect the adoption of the convention, but if there is a veto, that is, every maker has a "one-vote veto", the convention cannot be adopted.
Under special circumstances, if there is a veto, it can be passed by force, but those who vote against it can choose not to join the convention. For example, the United States has not acceded to the United Nations Convention on the Law of the Sea, so American scientific research ships are not bound by the Convention when they enter the South China Sea of China.
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