31 Signature, ratification and entry into force

Summary

The video explains the legal implications of treaty signatures under the Vienna Convention, highlighting key concepts such as the finality of a treaty’s text upon signature and the varying procedures for expressing consent to be bound by a treaty. It discusses the significance of ratification, which formalizes a state’s commitment, and the obligations that arise during the period before a treaty enters into force. Furthermore, it emphasizes the interim duty of states to refrain from actions that could defeat the object and purpose of the treaty, alongside the role of a depository in managing ratifications.

Takeaways

• 😀 Article 10 of the Vienna Convention establishes that the signature of a treaty marks the authenticity and definitiveness of the treaty's text.
• 😀 The signature of a treaty doesn't automatically bind a state to the treaty; the consent to be bound is only expressed when the treaty allows it or when parties agree.
• 😀 If a state does not intend to be immediately bound by the treaty after signing, a separate act of ratification is required to formalize consent.
• 😀 Ratification is an international act where a state or international organization expresses its consent to be bound by the treaty.
• 😀 The method of expressing consent to be bound is flexible, and states can choose whether consent is expressed through signature, ratification, or another process.
• 😀 In multilateral treaties, a certain number of ratifications may be required before the treaty can enter into force.
• 😀 For example, the Vienna Convention requires 35 ratifications to enter into force, with specific deadlines for each new ratification to take effect.
• 😀 The treaty enters into force when the required ratifications are met, and the obligation to perform the treaty in good faith begins from that point for all parties.
• 😀 In cases where the signature does not express consent to be bound, the state must still respect the treaty's clauses related to ratification and entry into force.
• 😀 Pending entry into force, states are obliged to refrain from actions that would defeat the object and purpose of the treaty, as specified in Article 18 of the Vienna Convention.
• 😀 A state that signs but later decides not to ratify the treaty can free itself from the interim obligation by declaring its intention not to become a party to the treaty.

Q & A

What does the signature of a treaty establish according to Article 10 of the Vienna Convention?

The signature of a treaty establishes that the negotiated text is authentic and definitive, meaning the treaty's text is final once it is signed.

What is the most important effect of signing a treaty?

The most important effect of signing a treaty is that it expresses a state's consent to be bound by the treaty, although this effect is not automatic and depends on the treaty's provisions.

Under what conditions does the signature express consent to be bound by a treaty?

The signature expresses consent to be bound by the treaty only when the treaty specifies this effect, or if the negotiating parties agree that the signature shall have such an effect, or if their intention is made clear during negotiations.

What is the purpose of ratification, and how is it defined in Article 2 of the Vienna Convention?

Ratification is an international act whereby a state or international organization expresses its consent to be bound by a treaty. It is a formal and distinct act, separate from the signature, and is necessary for the treaty to take effect in many cases.

Can the signature of a treaty always be considered as final consent to be bound?

No, the signature of a treaty does not automatically express final consent to be bound. If the intention of the parties is not to bind themselves immediately, a separate act, such as ratification, is required.

What is the significance of the 'entry into force' provision in a treaty?

The 'entry into force' provision specifies when the treaty will become legally binding on the parties. This often depends on the ratification of a certain number of parties, after which the treaty enters into force for all parties that have ratified it.

How does the Vienna Convention regulate the entry into force of a multilateral treaty?

For a multilateral treaty, the entry into force is usually contingent upon the ratification by a specified number of parties. Once this threshold is met, the treaty becomes binding on those parties, and further ratifications have immediate or delayed effects as per the treaty's terms.

What is the role of a depository in the ratification process of a multilateral treaty?

A depository, typically an international body such as the United Nations, is responsible for collecting and managing the instruments of ratification and ensuring all parties are informed about the ratification status of the treaty.

What obligation does a state have while waiting for the treaty to enter into force?

While waiting for the treaty to enter into force, a state is obligated not to defeat the object and purpose of the treaty, meaning it must refrain from any act that would undermine the treaty's intent, as codified by Article 18 of the Vienna Convention.

Can a state withdraw from the obligation not to defeat the object and purpose of the treaty?

Yes, a state can withdraw from this obligation by making clear its intention not to become a party to the treaty, in which case the interim obligation ceases, and the state is free to act contrary to the treaty's object and purpose.