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Copyright © 2011
Inner Temple Library

Legal Notice

Researching Treaties

What are the different stages in treaty making?

  • Signing - there will be negotiations which result in an agreed text. The parties to the treaty sign but it is not yet legally binding. In the UK treaties that require ratification are laid before Parliament under the Ponsonby rule 21 days before ratification. The date of signature is important as some of the finding aids are arranged chronologically by date of signature. Occasionally the treaty will state that it will come into force on signature.

  • Ratification - follows signature and signifies the consent of a State to be bound by the treaty. It consists of the deposit of an instrument of ratification with the other state (if bilateral), or the depositary (if multilateral).

  • In force - the date the treaty comes into force will be stated in the treaty itself. However, often the date is an indeterminate one which depends on subsequent events e.g. the UN Convention on the Law of the Sea 1982, states that it will come into force after the 60th country has ratified it.
     

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