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Memorandum Of Understanding: A Detailed Overview
Task: Provide a brief note on the Memorandum of understanding.
Definition of Memorandum of Understanding
The Memorandum of Understanding contains the bilateral or multilateral agreement reached by many parties. The various parties involved in line with the Memorandum of Understanding decide the uniform and common status of action. The parties involved in the Memorandum of Understanding are not subject to any legal constraints, therefore the agreement cannot be contested in front of a court or other judicial authority. The Memorandum of Understanding may also be referred to as the gentleman's agreement.
The Memorandum of Understanding specifies a clear framework of respect for how the parties' desired interaction or relationship will be carried out (Currier et al., 2016). The document clearly refers to the particular job and the pay associated with relinquishing it.
The Memorandum of Understanding must guarantee the following conditions.
• The main goal of the agreement and implied aim throughout the duration. • Clearly identifying the involved parties.
• A succinct summary of the agreement's specifics
• All parties involved should sign the presentation.
The Memorandum of Understanding has a very broad public audience on a global scale. It was evident how frequently it occurred in the context of world politics. The inclusion of a memorandum of agreement would provide the parties with tangible benefits when participating into international treaties (Murthy, 1990). When sensitive matters are the focus, the secrecy requirement should be upheld. Confidentiality, however, could not be guaranteed in the case of a political treaty.
The characteristics that distinguish a Memorandum of Understanding from an Agreement
The matters covered by a Memorandum of Understanding define the boundaries of legal obligations. The same characteristic basically distinguishes a contract from an MOU. The language in the Memorandum of Understanding could be seen as a little confusing and deceptive because its substance is not legally infallible. Before the jury, a memorandum of understanding could not be referred to as a valid contract (Badawy, 2010). Although the engaged parties had the right to request reimbursement or payment for services rendered under the MOU, this right could not be enforced. The parties to the Memorandum of Understanding were not permitted to pursue legal action against one another for the breach of the agreementThe MOU document may, in some circumstances, take the place of the legal agreement. Although the clauses in the MOU are not legally enforceable, they are more strict and useful in the real world of gentleman's agreement. The information provided in the Memorandum of Understanding may be deemed comparable to and analogous to the letter of purpose in cases of private law. In the letter of intent document, it is stated that the purpose is to demonstrate the parties' desire in engaging in a specific activity. Additionally, it is not enforceable under the rules of law.
The parameters of an agreement are usually quite varied, and in order for it to be legally enforceable, both the binding agreement and the acceptance of it must be stated unambiguously. Any of the involved parties would face a court trial if they broke any provisions of the contract or agreement.
The reach of an international memorandum of agreement
If international contracts were observed, the Memorandum of Understanding's occurrence may be regularly seen. When compared to treaties, the Memorandum of Understanding has numerous practical advantages. The Memorandum of Understanding (MOU) could readily be kept as a secret to preserve the parties' exclusivity over sensitive information, but the agreements between the parties could not be remained hidden (Mirza et al., 2016). Another benefit of the MoU is that complicated international rules won't have to be followed because no third party would be in charge of it. Many nations do not require the consent of the legislature in order to sign an MoU.
By using a Memorandum of Understanding instead of formal treaties, developments might be made in a far more timely and efficient manner. Because there are no extensive negotiations mentioned in the MoU, its norms are far more adaptable and can be adjusted as needed. The specific facility would prove to be quite beneficial before a multilateral situation develops. The majority of international aviation agreements are negotiated as Memorandums of Understanding.
• The Memorandum of Understanding pertaining to hijacking of aircraft, ships, and other connected vessels between Cuba and the USA. This specific document had made hijacking a crime under the legal framework of both nations.
• The signing of a Memorandum of Understanding on Labor Cooperation in 2008 between Singapore, New Zealand, and the People's Republic of China, which resulted in the establishment of free trade agreements between those nations (Ossom, 2016).
• The Memorandum of Agreement signed on August 15, 2005, as part of the Aceh peace process, between GAM and Indonesia.
The United Nations introduced the Oil for Food initiative in 1995. It became operational after the international Memorandum of Understanding was signed, allowing Iraq to supply crude oil in exchange for their humanitarian assistance (Genachowski, 2010).
The best way to draught a Memorandum of Understanding
Since each one deals with different and individual challenges, there is no set method for writing an effective memorandum of understanding. The Memorandum of Understanding might be written in plain text, just like a straightforward email would be. If it is a joint venture and numerous parties are involved in it, the same content would become a little more complicated. In these situations, it should be crafted with every specific detail of the contract or agreement included.
Currier, B. D., Mirza, R., & Williamson, P. O. (2016). Memorandum of Understanding Workshop: Creating a Process for Successful Digital Collaboration.
Murthy, K. R. S. (1990). MOU: More Memorandum than understanding. Economic and Political Weekly, M59-M66.
Badawy, T. (2010). The Memorandum of Understanding between Egypt and the Office of the United Nations High Commissioner for Refugees: problems and recommendations.
Mirza, R., Currier, B., & Ossom Williamson, P. (2016). Memorandum of Understanding Workbook, Version 1.0.
Genachowski, J. (2010). 445 12th Street, SW Washington, DC 20554 RE: MB Docket 10-56 Dear Chairman Genachowski: We write to bring to your attention the recent Memorandum of Understanding.
Ossom Williamson, P. (2016). Memorandum of Understanding for Systematic Reviews.