
Contents
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6. Consent to be Bound 6. Consent to be Bound
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A. Consent by definitive signature A. Consent by definitive signature
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1. Expressly 1. Expressly
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2. By implication 2. By implication
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B. Consent by exchange of instruments B. Consent by exchange of instruments
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1. By exchange of notes 1. By exchange of notes
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2. By exchange of notifications 2. By exchange of notifications
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3. By exchange of notes (or letters) constituting the treaty 3. By exchange of notes (or letters) constituting the treaty
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4. By exchange of instruments of ratification 4. By exchange of instruments of ratification
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C. Consent by ratification C. Consent by ratification
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1. By ratification exclusively 1. By ratification exclusively
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2. By ratification where the treaty is open for signature indefinitely 2. By ratification where the treaty is open for signature indefinitely
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3. By ratification requiring signature prior to treaty’s entry into force 3. By ratification requiring signature prior to treaty’s entry into force
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4. By ratification requiring treaty signature within a defined period 4. By ratification requiring treaty signature within a defined period
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D. By acceptance or approval D. By acceptance or approval
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1. By acceptance only 1. By acceptance only
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2. By acceptance or approval 2. By acceptance or approval
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E. By accession E. By accession
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1. Accession at any time 1. Accession at any time
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2. Accession once treaty no longer open to signature 2. Accession once treaty no longer open to signature
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3. Accession once treaty is in force 3. Accession once treaty is in force
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4. By accession to make a bilateral agreement into a multilateral one 4. By accession to make a bilateral agreement into a multilateral one
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5. By accession only 5. By accession only
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F. By formal confirmation F. By formal confirmation
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G. Consent by a combinations of methods G. Consent by a combinations of methods
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1. By ratification or accession 1. By ratification or accession
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2. By ratification, acceptance, approval, or accession 2. By ratification, acceptance, approval, or accession
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3. By signature, ratification, acceptance, approval, or accession 3. By signature, ratification, acceptance, approval, or accession
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H. Consent by ‘any other means so agreed’ H. Consent by ‘any other means so agreed’
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1. Initialling pursuant to separate agreement 1. Initialling pursuant to separate agreement
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2. By adoption of a Resolution of Approval 2. By adoption of a Resolution of Approval
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3. Consent subject to additional conditions 3. Consent subject to additional conditions
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7. Reservations 7. Reservations
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A. Clauses prohibiting treaty reservations entirely A. Clauses prohibiting treaty reservations entirely
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B. Reservations expressly permitted B. Reservations expressly permitted
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1. Generally 1. Generally
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2. Except those incompatible with the treaty’s object and purpose 2. Except those incompatible with the treaty’s object and purpose
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3. Only where authorized by the treaty 3. Only where authorized by the treaty
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4. For all provisions except certain articles 4. For all provisions except certain articles
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5. For certain provisions or parts of the treaty only 5. For certain provisions or parts of the treaty only
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6. For parts other than the main treaty text 6. For parts other than the main treaty text
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7. With respect to excluding certain subjects 7. With respect to excluding certain subjects
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8. Dependent on the existence of certain factual conditions 8. Dependent on the existence of certain factual conditions
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9. So long as it relates to one or more specific provisions 9. So long as it relates to one or more specific provisions
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C. Admissibility of reservations C. Admissibility of reservations
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1. Admissible on unanimous acceptance or in the absence of objections 1. Admissible on unanimous acceptance or in the absence of objections
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2. Incompatible or inhibitive if two-thirds of the parties object 2. Incompatible or inhibitive if two-thirds of the parties object
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3. Permitted absent objection by one-third of parties 3. Permitted absent objection by one-third of parties
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D. Withdrawing reservations D. Withdrawing reservations
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1. Withdrawal at any time 1. Withdrawal at any time
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2. Effective on notice 2. Effective on notice
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3. Partial withdrawal permitted 3. Partial withdrawal permitted
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8. Declarations and Notifications 8. Declarations and Notifications
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A. Provision for interpretative declarations A. Provision for interpretative declarations
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B. Provisions for optional declarations B. Provisions for optional declarations
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1. That modify the commitment otherwise assumed 1. That modify the commitment otherwise assumed
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2. That add to the commitment otherwise assumed 2. That add to the commitment otherwise assumed
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C. Provisions for mandatory declarations C. Provisions for mandatory declarations
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1. That clarify or elaborate on the content of the obligations assumed 1. That clarify or elaborate on the content of the obligations assumed
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2. That declare the extent of competence 2. That declare the extent of competence
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3. That require a selection among alternatives 3. That require a selection among alternatives
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D. Conditions on the formation and withdrawal of declarations D. Conditions on the formation and withdrawal of declarations
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E. Notifications E. Notifications
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Conditions on Joining a Treaty
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Published:July 2012
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Extract
Consent to be Bound
To become a party to a treaty, States, IOs, and other qualified subjects of international law must first express their consent to be bound by it. Generally, they do so through a concrete act that manifests a willingness to accept the international legal commitment embodied in the agreement. The VCLT identifies five vehicles for expressing consent: (i) definitive signature; (ii) an exchange of instruments constituting a treaty; (iii) ratification; (iv) acceptance or approval; and (v) accession. To that list, the 1986 VCLT adds (vi) an ‘act of formal confirmation’ for IO consent.28 Each of these methods is explained and explored in detail in Chapter 7.
Most treaties will contain one or more clauses designating which method(s) of consent are acceptable. Bilateral treaties may contain clauses providing for consent via an exchange of notes, letters, or instruments of ratification. Or, they may contain clauses where the exchange brings the treaty into force, in which case the exchange also impliedly (and simultaneously) constitutes consent. In these cases, consent occurs by the act of the exchange itself, such that if the exchange is not simultaneous, it is effective on the date the later instrument is received. As for definitive signature, it may be contemplated expressly or be inferred whenever a treaty provides that signature brings the agreement into force.
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