S
Sahaj Vidhi
Law optional 2020 Paper I

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

Verified Answer
  1. Core Legal Answer & Context: Concluding an international treaty and bringing it into force involves a structured multi-stage process, primarily governed by the Vienna Convention on the Law of Treaties (VCLT). This process ensures that states formally express their consent to be bound and that the treaty becomes legally operative. The key stages include:
  • Negotiation: Representatives of states discuss and draft the treaty text.
  • Adoption of the Text: States formally agree on the final text of the treaty, typically by a two-thirds majority vote at an international conference or by consensus.
  • Authentication of the Text: The text is established as authentic and definitive, usually by signature, signature ad referendum, or initialing by state representatives. This confirms the text but does not bind the state.
  • Expression of Consent to be Bound: This is the crucial step where a state undertakes legal obligations. Methods include:
    • Signature: For treaties that allow it, signature can express consent, especially if the treaty is subject to ratification, acceptance, or approval.
    • Ratification: A formal act by which a state confirms its intention to be bound by a treaty it has previously signed. This often involves domestic legislative approval.
    • Acceptance/Approval: Similar to ratification, but often used for less formal agreements or when domestic procedures differ.
    • Accession: A state that did not participate in the negotiation or sign the treaty can later express its consent to be bound.
  • Entry into Force: The treaty becomes legally binding. This usually occurs according to its own provisions (e.g., upon a certain number of ratifications) or when all negotiating states have expressed their consent to be bound.
  • Registration and Publication: Treaties are registered with the UN Secretariat to prevent secret diplomacy and promote transparency (UN Charter, Article 102).
  1. Relevant Statutes and Sections:
  • Vienna Convention on the Law of Treaties (VCLT), 1969:
    • Article 7: Full powers.
    • Article 9: Adoption of the text.
    • Article 10: Authentication of the text.
    • Articles 11-16: Means of expressing consent to be bound (signature, exchange of instruments, ratification, acceptance, approval, accession).
    • Article 24: Entry into force.
  • United Nations Charter, Article 102: Registration and publication of treaties.

  1. Important Landmark Cases: While no single landmark case dictates the steps of treaty-making, the Gabčíkovo-Nagymaros Project (Hungary/Slovakia) case before the ICJ involved the interpretation and termination of a treaty, underscoring the importance of the VCLT's provisions on treaty law. However, for the procedural steps, the VCLT itself is the primary authority.

  2. Clear Conclusion: The process of concluding and bringing an international treaty into force is a meticulously defined sequence of actions, from negotiation to entry into force, designed to ensure clarity, consent, and legal certainty in international relations, with the VCLT serving as its foundational legal framework.