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29 Brit. Y.B. Int'l L. 205 (1952)
Exchanges of Notes

handle is hein.journals/byrint29 and id is 211 raw text is: EXCHANGES OF NOTES' By J. L. WEINSTEIN, B.A., B.C.L. (OXON), LL.M. (HARVARD) I. Exchanges of notes in the practice of governments IN municipal law the normal procedure for the formulation of a contract is, apart from oral contracts, for the consensus of the parties to be recorded in writing in a single instrument formally expressing their common in- tention. It is equally possible for such a contract to be formed by an offer of one party being accepted by the other. In international law agreements have usually been effected by the first of these methods-that of the 'treaty' or 'convention' -whilst an exchange of notes has followed closely the pattern of the second, namely, of an offer-perhaps counter-offer (for there may be a series of notes exchanged before agreement is reached)- and acceptance. An exchange of notes has been described as being com- posed in form of two unilateral instruments, each emanating from a state, but each bound to the other by the process of exchange3-a clear analogy to 'offer and acceptance' of municipal law.4 Throughout this article the term 'exchange of notes' is used to denote an 'exchange of letters', an 'exchange of correspondence', or an 'exchange of communications'. The form of these instruments is identical, and the terms are used interchangeably, often within the same instrument,s by writers and by the Secretariat of the United Nations.6 While instances of agreements described by the parties as an 'exchange of correspondence'7 or an 'exchange of communications'8 are rare, and 'exchange of letters' is used more frequently for the conclusion of inter-departmental agreements,9 This article was prepared by the writer while engaged in research in the University of Cambridge under a Humanitarian Trust Studentship awarded by the University. The writer desires to express his grateful acknowledgement to the Trustees of the Humanitarian Trust Fund. 2 And similar instruments. 3 See Basdevant in Hague Academy, Recuei des Cours, 15 (1926) (v), p. 61o. 4 This is particularly well illustrated where the exchange of notes is in the form of two declara- tions, as in that of i April 1923 between Norway and Portugal: League of Nations Treaty Series (hereinafter cited as L.N.T.S.), I6 (1923), p. 379. E.g. Exchange of Notes of i8 February 1925 between Belgium and Great Britain: L.N.T.S. 33 (1925), PP. 341 and 361, of 25 July 1949 between Belgium and Argentina: United Nations Treaty Series (hereinafter cited as U.N.T.S.), 46 (1950), P. 103; and of x6 May 1951 between the United Kingdom and Italy: (British) Treaty Series, No. 52 (195i), Cmd. 8291. 6 E.g. U.N.T.S. z6 (1948), p. 215, and ibid. 35 (I949), pp. 232 and 324. E.g. Exchange of Correspondence of 25 August, x2 and 26 September 1927 between Luxem- bourg and Norway: L.N.T.S. 68 (1927), p. 37. E.g. Exchange of Communications of 17 April, 22 May, 22 and 27 July, and 24 October 1942 between the United States and Mexico: U.N.T.S. 21 (1948), p. 189. E.g. Exchange of Letters of 22 January and 20 March 1946 between the Netherlands and the United States, represented by their respective Secretaries of Finance: ibid. 3 (1947), P. 37; of 17 October and x8 November 1947 between Pakistan, represented by the Deputy Secretary to the Ministry of Communications, and Burma, represented by the Additional Secretary to the

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