What is the Difference Between Convention and Protocol?

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The main difference between a convention and a protocol lies in their formality and the way they are used in international law:

  • Convention: A convention is a formal agreement between states, usually negotiated under an international organization. Conventions are legally binding and create obligations for the states that are party to them. In the context of the shipping industry, conventions are negotiated under the International Maritime Organization (IMO) and cover various aspects of maritime safety, pollution prevention, and other related topics.
  • Protocol: A protocol is a less formal agreement than a treaty or convention and can be used to cover various types of instruments. The term 'protocol' is used in five functions in international law: a. Protocol of Signature b. Optional Protocol c. Protocol based on a Framework Treaty d. Protocol as a supplementary treaty e. Protocol to amend

In the context of the IMO, a protocol is used when a major amendment is to be incorporated into the regulations of a convention. Protocols do not create new conventions but rather modify existing ones.

In summary, a convention is a formal agreement between states negotiated under an international organization, while a protocol is a less formal agreement used to modify or supplement existing conventions or treaties.

Comparative Table: Convention vs Protocol

Here is a table comparing the differences between a convention and a protocol:

Convention Protocol
A formal agreement between states, usually negotiated under an international organization An addition or amendment to an existing treaty, clarifying, supplementing, or modifying the terms of the treaty it is associated with
Addresses a wide range of issues Focuses on specific details or adjustments
Examples: International convention on safety of life at sea (SOLAS), International convention for prevention of pollution at sea (MARPOL) Example: The 1997 change to MARPOL 73/78, which introduced Annex VI and is called a Protocol

In summary, a convention is a formal agreement between states that is usually negotiated under an international organization and addresses a wide range of issues. On the other hand, a protocol is an addition or amendment to an existing treaty, focusing on specific details or adjustments.