Beruflich Dokumente
Kultur Dokumente
3. Ratification is the formal act by which a state confirms and accepts the
provisions of a treaty concluded by its representatives.
4. Exchange of the instruments of ratification which signifies the effectivity of the
treaty unless a different date has been agreed upon by the parties.
Where ratification is dispensed with and no effectivity clause is embodied in
the treaty, the instrument is deemed effective upon its signature.
N.B. Under Article 102 of the UN Charter, a treaty not registered with the Secretariat, by
which it shall be published, cannot be invoked before any organ of the U.N. such as the
ICJ.
E. Binding Effect of Treaties
As a rule, a treaty is binding only on the contracting parties, including not only
the original signatories but also other states which, although they may not have
participated in the negotiation of the agreement, have been allowed by its term to
sign it later by a process known as accession (consent, concurrence).
F. Observance of treaties
One of the fundamental rules of international law is pacta sunt servanda. This
requires the performance in good faith of treaty obligation. A state which has
contracted valid international obligation is bound to make in its legislations such
modifications as may be necessary to ensure the fulfillment of the obligation
undertaken.
G. Termination of treaties
A treaty may be terminated in any of the following ways:
1. By expiration of the term, which may be fixed or subject to a treaty condition
2. By accomplishment of the purpose
3. By impossibility of performance
4. By loss of the subject matter
5. By desistance of the parties
6. By extinction of one of the parties if the treaty is bipartite
7. By vital change of circumstances under the doctrine of rebus sic stantibus
8. By outbreak of war between the parties
9. Violation of the treaty by one of the parties
OTHER INSTRUMENTS
Act or Final Act or Protocol de cloture
-is an instrument which records the summary of a diplomatic conference. It
reproduces the treaties, conventions, or resolution agreed upon by the
participants of the conference.
Agreement, arrangement or accord (used interchangeably)
-is an instrument of a more limited subject and of lesser importance than a formal
treaty or convention.
Compromis d Arbitrage
-is an agreement to submit a dispute to an arbitration or judicial settlement
Concordat
-is an agreement by the Pope with heads of states on ecclesiastical affairs.
Convention
-is a term used by the UN for agreements involving all or almost all members of
the UNO on particular subject, such as the Vienna Convention on Treaties
Covenant
-is an international compact which has binding effect, usually on many states.
Declaration