The law of treaties - treaty-making competence

9 important questions on The law of treaties - treaty-making competence

When may a state representative conclude a treaty on behalf of  a state?

  • Possesses full power
  • if they enjoy full power from the practice of the states concerned or from other circumstances

What happens if the conclusion of a treaty is performed by someone without full power?

That treaty is without legal effect unless later confirmed by that state.

How can a state indicate its consent ot be bound by treaty?

A variety of way such as signature , signature ad referendum, ratification and accession
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What is a signature ad referendum?

A signature subject to later ratification

What is the difference between reservation and interpretative declaration?

A interpretative declaration is simply a statement by a party to the treaty as to the position concerning some aspects of the treaty.

The vienna convention allows reservations unless?

  1. The reservation is prohibited by treaty
  2. thre treaty provides that only specified reservations may be made(not that one)
  3. in case not falling under 1 and 2 the reservation is incompatible with the object and purpose of the treaty

A treaty requires reservations to be accepted by the relevant organisation unless otherwise provided. What are the general rules?

  • Acceptance by another contracting state of a reservation
  • an objection by another state does not preclude the entry into force of the treaty
  • an act expressing a states consent to be bound is effective as soon as at least on other state has accepted the reservation 

What are the effects of a reservation?

Modifies the provisions of the treaties to which the reservation relates also for the other parties.

When does a treaty enter into force?

In the manner and on the date as it may provide or as the negotiating states may agree.

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