Memorandum of understanding – legally a non-binding agreement

A significant increase in the number of international documents that do not have legal force creates uncertainty in the regulation of international relations. Of particular interest in this regard are memoranda of understanding, which resemble contracts in form, but are not contracts, so there can be no legal liability for their violation. But the State’s political commitment does not absolve it of responsibility completely; memoranda are subject to the pacta sunt servanda principle. The concept of estoppel is applicable to their action. The importance of memoranda lies in the fact that they serve as a preparatory stage for the formation of a “hard” rule, as well as for the crystallization of opinio juris in the process of forming a customary rule.