A Good Starting Point: The Definition of a Treaty under the Vienna Convention of 1969

The Vienna Convention on the Law of Treaties (1969) provides a broad and inclusive definition of a treaty in Article 2(1)(a). It describes a treaty as 

"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."

This expansive definition encompasses various forms of agreements, including memoranda of understanding (MOUs), framework agreements, and other intergovernmental instruments, regardless of their title or structure. The EUCLID agreements, as intergovernmental instruments, fit squarely within this definition, establishing a legally binding framework for cooperation among participating states.

The Initial MOU: A Flexible Intergovernmental Instrument

The Open Memorandum of Understanding (MOU) between the Participating EUCLID Parties regarding their Participation in the Educational Framework defined herein, signed on 5 March 2008 in New York, serves as the foundational document for EUCLID (Euclid University). This MOU is designed as a flexible intergovernmental instrument, accommodating diverse governmental practices for participation in international organizations. Its open and multilateral nature, as outlined in Article VI, allows states or intergovernmental organizations to join by notifying the EUCLID Executive President, with participation becoming effective 15 days after depositing the proper instrument (Article IV). The MOU’s flexibility is further evident in its minimal financial obligations, as Article II specifies that participating parties are not required to provide financial support beyond voluntary contributions and are not liable for EUCLID’s debts or obligations. This structure suits a variety of governmental systems, enabling broad participation without imposing rigid commitments. The MOU entered into force on 16 April 2008, with initial signatories including Saint Vincent and the Grenadines and Sierra Leone, followed by states such as Eritrea, Senegal, and Timor-Leste.

The Updated Framework Agreement as a Second-Stage Agreement

Building on the MOU, the Updated Framework Agreement regarding the Parties’ Participation in EUCLID as fully Constituted and Defined herein, concluded on 28 July 2009 in New York, represents a more formalized second-stage intergovernmental agreement. Effective from 3 September 2009, this agreement reinforces the commitment of participating parties to EUCLID’s mission of promoting sustainable development through accessible higher education. It clarifies EUCLID’s legal personality and operational framework, ensuring continuity of participation while introducing provisions for intellectual property protection under the World Intellectual Property Organization. The updated agreement reflects a maturation of the EUCLID framework, providing a structured yet adaptable basis for collaboration. Finalized in New York, it underscores the global reach and formalization of EUCLID’s intergovernmental status.

The Importance of the EUCLID Statutes as Integral Annexes

The EUCLID Statutes, referenced in Article III of the MOU, are integral annexes to the EUCLID Charter, defining the operational and governance structure of the institution. These statutes outline EUCLID’s objectives, such as developing training programs for government officials and offering high-quality degree programs to the general public (Article III). They establish key administrative bodies, including the Governing Board, Board of Advisors, Executive Board, and Oversight Council, ensuring robust oversight and alignment with the organization’s mission (Article X). The statutes also detail participation processes, financial considerations, and degree programs, providing a comprehensive framework for EUCLID’s activities. As a critical component of the Charter, the statutes ensure that EUCLID operates as a transparent, internationally recognized educational institution with a clear legal and operational foundation.

UN Registration and Publication under Article 102

The EUCLID Charter, comprising both the MOU (UNTS I-49006) and the Updated Framework Agreement (UNTS I-49007), is duly registered and published with the United Nations Treaty Series, in accordance with Article 102 of the UN Charter. This article mandates that every treaty and international agreement entered into by UN member states be registered with the Secretariat and published. The registration of the EUCLID agreements, confirmed by the UN Treaty Section on 25 November 2011, enhances their international legitimacy and transparency. Available in authentic English and French texts, these agreements underscore EUCLID’s status as a recognized intergovernmental organization, ensuring that its framework is accessible to the global community and enforceable under international law.

The EUCLID Treaty, encompassing the 2008 MOU and the 2009 Updated Framework Agreement, exemplifies a dynamic and inclusive intergovernmental framework. Rooted in the Vienna Convention’s broad definition of a treaty, it combines flexibility with formalization to foster international cooperation in higher education. The integral EUCLID Statutes provide a robust operational foundation, while UN registration under Article 102 affirms its global legitimacy. Through these instruments, EUCLID advances sustainable development and educational access, serving as a model for intergovernmental collaboration.