WUNRN
UN HUMAN RIGHTS TREATY COLLECTION - Click to Website, Then to Individual Treaty Desired as
CEDAW
Scroll to Monitor Treaty
Ratification.
________________________________________________________________________
UN
INTERNATIONAL TREATIES
UN
GLOSSARY
This section provides a guide to terms commonly used in relation to treaties and employed in the practice of the Secretary-General as depositary of multilateral treaties, as well as in the Secretariat's registration function. Where applicable, a reference to relevant provisions of the Vienna Convention 1969 is included.
ACCESSION
Accession is the act whereby a State that has not signed a treaty expresses its consent to become a party to that treaty by depositing an "instrument of accession" (see annex 5). Accession has the same legal effect as ratification, acceptance or approval. The conditions under which accession may occur and the procedure involved depend on the provisions of the relevant treaty. Accession is generally employed by States wishing to express their consent to be bound by a treaty where the deadline for signature has passed. However, many modern multilateral treaties provide for accession even during the period that the treaty is open for signature. See articles 2(b) and 15 of the Vienna Convention 1969.
_____________________________________________________________
RATIFICATION, ACCEPTANCE, APPROVAL
Ratification,
acceptance and approval all refer to the act undertaken on the international
plane, whereby a State establishes its consent to be bound by a treaty. Ratification,
acceptance and approval all require two steps:
a.
The
execution of an instrument of ratification, acceptance or approval by the Head
of State, Head of Government or Minister for Foreign Affairs, expressing the
intent of the State to be bound by the relevant treaty; and
b.
For
multilateral treaties, the deposit of the instrument with the depositary; and
for bilateral treaties, the exchange of the instruments between parties.
The
instrument of ratification, acceptance or approval must comply with certain international
legal requirements (see section
3.3.5 and annex 4).
Ratification,
acceptance or approval at the international level indicates to the
international community a State's commitment to undertake the obligations under
a treaty. This should not be confused with the act of ratification at the
national level, which a State may be required to undertake in accordance with
its own constitutional provisions, before it consents to be bound
internationally. Ratification at the national level is inadequate to establish
the State's consent to be bound at the international level.
See articles
2(1)(b), 11, 14 and 16 of the Vienna Convention 1969.
_______________________________________________________________________
SIGNATURE
Simple Signature (signature subject
to ratification)
Simple
signature applies to most multilateral treaties. This means that when
a State signs the treaty, the signature is subject to ratification, acceptance
or approval. The State has not expressed its consent to be bound by the treaty
until it ratifies, accepts or approves it. In that case, a State that signs a
treaty is obliged to refrain, in good faith, from acts that would defeat the
object and purpose of the treaty. Signature alone does not impose on the State
obligations under the treaty. See articles 14 and 18 of the Vienna Convention
1969.
Definitive Signature (signature not
subject to ratification)
Definitive
signature occurs where a State expresses its consent to be bound by a treaty by
signing the treaty without the need for ratification, acceptance or approval. A
State may definitively sign a treaty only when the treaty so permits. A number
of treaties deposited with the Secretary-General permit definitive signature.
See article 12 of the Vienna Convention 1969.
================================================================
To contact the list administrator, or to leave the list, send an email to: wunrn_listserve-request@lists.wunrn.com.
Thank you.