International Treaty Process: Formation, Ratification, and Reservations

Adoption of Treaty Text

The adoption of a treaty text involves setting the text, with states indicating that the text reflects their intent. For multilateral treaties, the text is voted upon and approved, which constitutes the authentication of the treaty. At this stage, a state is not yet obligated but cannot act to deprive the treaty of its effectiveness.

Signature of Treaties

Signature marks the close of the negotiation stage. Generally, signature itself does not create an immediate obligation for a state to be bound by the treaty. However, a distinction must be made:

• Solemn Agreements: These require subsequent ratification for the treaty to become legally binding on the state.
• Agreements in Simplified Form: For these, signature serves two functions: text authentication and the direct expression of the state's consent to be bound.

Treaty Ratification Process

Ratification represents a second level of review of the treaty text, often involving parliamentary approval. Parliament ratifies the actions of the plenipotentiaries (state representatives). After ratification, instruments of ratification are exchanged between the signatory parties. If a treaty is not ratified when required, the state cannot rely on its provisions in its favor. Ratification must be an explicit and concrete act. Ratification is necessary if:

• The treaty itself so provides.
• The negotiating parties have explicitly agreed to it.
• The plenipotentiaries have signed the treaty 'subject to ratification'.

Accession, Approval, and Acceptance

These are methods by which a state expresses its consent to be bound by a treaty without having participated in its negotiation or signature. The state simply adheres to an existing instrument.

Entry into Force of Treaties

A treaty enters into force in the manner and on the date agreed upon by the negotiating states. If not explicitly stated, it typically occurs:

• Upon the exchange of instruments of ratification for solemn treaties.
• Upon signature for agreements in simplified form.
• When a required number of states have ratified or acceded, as is common for multilateral conventions (e.g., requiring 35 states to adhere).

UN Secretariat Registration

Treaties are registered with the Secretariat of the United Nations. There is no strict obligation or specific term for registration.

Treaty Reservations

A reservation is a unilateral declaration made by a state, typically when signing, ratifying, accepting, or approving a multilateral treaty. Its purpose is to exclude or modify the legal effect of certain provisions of the treaty as they apply to that reserving state. A state cannot invoke its own reservation against other states, but other states may invoke it to their advantage.

Admission of Treaty Reservations

Reservations are considered valid if they are consistent with the object and purpose of the treaty. Conversely, if a reservation is incompatible with the object and purpose of the treaty, the state making it may be considered as not being a party to the convention.