International law and practice
  1. An annex is an integral part of a treaty and as such has binding force in the absence of express provisions to the contrary.[136] It is nonetheless commonplace for international treaties to include a provision stating explicitly that the annexes are an integral part of the instrument.[137] The annex is sometimes called an "appendix" or "schedule".[138] Annexes form part of the context of an international treaty for interpretation purposes.
  1. The annex is normally used to handle the technical details of a treaty. It often contains information which it would be difficult to include in the main body of the instrument, such as long lists;[139] schedules[140] or diagrams.[141] Other international conventions include in their annexes guiding principles[142] or provisions concerning the applicable dispute settlement procedure.[143] Conventions that provide for the adoption of supplementary annexes sometimes specify their form and content.[144]
[136] N. Quoc Dinh, P. Daillier, A. Pellet: Droit International Public, 7th edition ( Paris, L.G.D.J., 2002), p. 133.
[137] See, for example, the WHO Framework Convention on Tobacco Control, Article 29(2); the Protocol on Pollutant Release and Transfer Registers, Article 19; the United Nations Framework Convention on Climate Change (with annexes), Article 16; and the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, Article 13.
[138] A. Aust: Modern Treaty Law and Practice ( Cambridge, Cambridge University Press, 2000), p. 354.
[139] See, for example, the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, Annex I.
[140] See, for example, the Protocol on Pollutant Release and Transfer Registers, Annex I.
[141] See, for example, the Agreement on International Railways in the Arab Mashreq, (New York, doc. E/ESCWA/TRANS/2002/1/Rev.2), Annex 2.
[142] For example, the annex of the United Nations Convention on the Assignment of Receivables in International Trade.
[143] See, for example, the Protocol on Pollutant Release and Transfer Registers, Annex IV.
[144] See, for example, the United Nations Framework Convention on Climate Change, Article 16(1); and the WHO Framework Convention on Tobacco Control, Article 29(3).