25/26 Oct | International law question - 2020 UPSC

QUESTION| What are the various steps involved for concluding an international treaty and bringing it into force ?

Importance of this question : International law question - 2020 UPSC

QUESTION POSTED ON | 25.10.2021

MODEL ANSWER WILL BE POSTED ON | 26.10.2021

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STEP 1 : ACCREDITATION :

· A representative with FULL POWERS [Art.7 VCLT] OR

· authorised person [Subject to subsequent ratification of state] [Art. 8 VCLT]

should be accredited by the state to conduct negotiations with another State or group of States for a specific treaty.

STEP 2 : NEGOTIATIONS AND ADOPTION.

All treaties are negotiated before adoption. A treaty is to be adopted at an international conference by a two-thirds majority of the States present and voting unless the same majority decides to apply a different rule. [Art.9(2) VCLT]

STEP 3 : AUTHENTICATION, SIGNATURE AND EXCHANGE OF INSTRUMENTS.

AUTHENTICATION : After adoption of treaty, authentication will be done. Authentication is to finalize the text of the treaty as definitive and authentic. If no authentication procedure is given, it will be done by signature, signature ad referendum or initialling by the representatives of the states. [Art.10 VCLT]

· The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means. [Art.11 VCLT]

· Initialling of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed. [Art.12 VCLT]

· Some treaties are made by an exchange of instruments. [Art.13 VCLT]

STEP 4 : RATIFICATION : After signing, ratification is followed, whereby it is an approval by the competent authority of the State concerned. [Art.14 VCLT]

STEP 5 : ACCESSIONS AND ADHESIONS. When a State has not signed a treaty, it can accede or adhere to it. Such accession or adhesion is only when the treaty provides for it. Accession or Adhesion is an act whereby a State establishes on an international plane its consent to be bound by a treaty. [Art.15]

STEP 6 : ENTRY INTO FORCE : Article 24 of VCLT deals with entry into force of a treaty. States can negotiate that treaty may expressly or impliedly provide or agree in what manner the treaty is to enter into force.

Article 110 of UN Charter provides that treaty shall come into force upon the deposit of ratification by a majority of the signatory States including the five permanent members of the Security Council.

STEP 7 : REGISTRATION AND PUBLICATION : Article 80 of VCLT deals the rule of registration and publication of treaties. Such registration is done with Secretariat and published by it. An unregistered treaty may not be invoked before any organ of the UN.

STEP 8 : APPLICATION AND ENFORCEMENT : Few treaties might require actual incorporation of the treaty provisions into the national laws of the States which are parties to the treaty and subsequent enforcement.