Framework agreement

In the context of negotiations, a framework agreement is an agreement between two parties that recognizes that the parties have not come to a final agreement on all matters relevant to the relationship between them, but have come to agreement on enough matters to move forward with the relationship, with further details to be agreed to in the future. In international law, such an agreement between countries or groups can acknowledge that they can not reach full agreement on all issues, but are willing to memorialize a structure by which some disagreements can be resolved.^[1] In describing the effort to reach an agreement between Israel and Palestine, Senator George J. Mitchell explained:

A framework agreement is not an interim agreement. It's more detailed than a declaration of principles, but is less than a full-fledged treaty. Its purpose is to establish the fundamental compromises necessary to enable the parties to then flesh out and complete a comprehensive agreement that will end the conflict and establish a lasting peace.^[2]

Entering into a framework agreement can shift the lawmaking power from the states to a plenary body, and can shift the basis for forming consent to new norms and standards reached through their negotiations.^[3] The practice of entering into framework agreements originated in the 1950s with an agreement regarding asylum between Colombia and Peru.^[1]

A number of international accords are characterized as framework agreements:

• Agreed Framework, between North Korea and the United States
• Baker Plan, a United Nations initiative to grant self-determination to Western Sahara
• Banana Framework Agreement, between the European Union and banana-producing countries
• Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation#BIMSTEC Free Trade Area Framework Agreement, involving the Bay of Bengal
• European Procurement framework agreements
• Economic Cooperation Framework Agreement, between mainland China and Taiwan
• General Framework Agreement for Peace in Bosnia and Herzegovina or Dayton Agreement
• Iran nuclear deal framework
• Strategic Framework Agreement (SFA), between the United States and Iraq (2008)
• Trade and Investment Framework Agreement, an international trade pact

Non-international framework agreements include:

• Framework Agreement on the Bangsamoro, a preliminary peace agreement between the Moro Islamic Liberation Front and the government of the Philippines calling for the creation of an autonomous area, Bangsamoro
• Social Union Framework Agreement, in Canada

References