Stipulazione dei trattati

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Presentation transcript:

Stipulazione dei trattati Libertà delle forme Mancanza di espresse previsioni nella Convenzione di Vienna (1969) Procedura solenne e procedura semplificata. Differenze: diversa funzione della firma; presenza della ratifica solo nella procedura solenne.

Pieni poteri Article 7 of Vienna Convention 1. A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if: (a) he produces appropriate full powers; or (b) it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.

Pieni poteri 2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State: (a) Heads of State, Heads of Government and Ministers for Foreign Affairs…; (b) heads of diplomatic missions, for the purpose of adopting the text of a treaty between the accrediting State and the State to which they are accredited; (c) representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.

Firma Article 10 of Vienna Convention The text of a treaty is established as authentic and definitive: (a) by such procedures as may be provided for in the text or agreed upon by the States participating in its drawing up; or (b) failing such procedure, by the signature, signature ad referendum or initialling by the representatives of those States of the text of the treaty or of the Final Act of a conference incorporating the text.

Manifestazione del consenso Article 11 of Vienna Convention Means of expressing consent to be bound by a treaty The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.