Treaties The lifecycle of a treaty

Treaties The fundamental treaty on treaties: 1969 Vienna Convention on the Law of Treaties The fundamental treaty on treaties: 1969 Vienna Convention on the Law of Treaties VCLT is codification of customary international law. VCLT is codification of customary international law. Nothing in the VCLT is jus cogens, which means states can provide differently from case to case. Nothing in the VCLT is jus cogens, which means states can provide differently from case to case. But if they did not provide differently, then the VCLT is the default. But if they did not provide differently, then the VCLT is the default.

Treaties Steps in the Life of Treaty Negotiation & Drafting Negotiation & Drafting Adoption Adoption Ratification Ratification Reservations and Declarations Reservations and Declarations Entry into force Entry into force Accession and Withdrawal Accession and Withdrawal Protocols Protocols

Treaties Steps in the Life of Treaty Negotiation & Drafting Negotiation & Drafting Plenipotentiaries negotiate treaties. Full powers. Without full powers treaty bull, unless… Plenipotentiaries negotiate treaties. Full powers. Without full powers treaty bull, unless… Negotiations take place in rounds and can last forever Negotiations take place in rounds and can last forever Square brackets Square brackets Deadlines Deadlines

Treaties Steps in the Life of Treaty Adoption Adoption This is the moment when delegates sign the treaty. Signature per se does not make the treaty binding. This is the moment when delegates sign the treaty. Signature per se does not make the treaty binding. Adoption ends negotiations and fixes text. Adoption ends negotiations and fixes text. Duty to behave in such a way as not to undermine the treaty Duty to behave in such a way as not to undermine the treaty Unsigning of Rome Statute by US Unsigning of Rome Statute by US

Treaties Steps in the Life of Treaty Ratification Ratification Process of ratification changes from country to country according to constitutions Process of ratification changes from country to country according to constitutions US Senate ratifies. President submits. US Senate ratifies. President submits.

Treaties Steps in the Life of Treaty Reservations and Declarations Reservations and Declarations Upon ratification states may append declarations and reservations (unilateral act) Upon ratification states may append declarations and reservations (unilateral act) Reservation aims to modify legal consequences Reservation aims to modify legal consequences Declaration has no legal effect Declaration has no legal effect Treaties can forbid reservations Treaties can forbid reservations Reservations must be compatible with the objective of the treaty Reservations must be compatible with the objective of the treaty A reservation to produce results need not be accepted by the other parties A reservation to produce results need not be accepted by the other parties

Treaties Steps in the Life of Treaty Entry into force Entry into force Treaties enter into force upon reaching a state minimum number of ratifications. Usually there is a time delay (60, 90 days) between the threshold is reached and full entry into force. From this moment on the treaty is binding. Treaties enter into force upon reaching a state minimum number of ratifications. Usually there is a time delay (60, 90 days) between the threshold is reached and full entry into force. From this moment on the treaty is binding.

Treaties Steps in the Life of Treaty Accession and Withdrawal Accession and Withdrawal A State accedes to a treaty when it ratifies it after the entry into force or the end of the grace period. A State accedes to a treaty when it ratifies it after the entry into force or the end of the grace period. Withdrawal. States can anytime withdraw from treaties. Withdrawal takes place after XXX days from notification to depository. Withdrawal. States can anytime withdraw from treaties. Withdrawal takes place after XXX days from notification to depository.

Treaties Steps in the Life of Treaty Protocols Protocols A protocol is a treaty purporting to modify or supplement the provisions of another treaty (i.e. “the treaty”). A protocol is a treaty purporting to modify or supplement the provisions of another treaty (i.e. “the treaty”). Ratification of “the treaty” does not require ratification of the protocol(s). Protocols are optional. Ratification of “the treaty” does not require ratification of the protocol(s). Protocols are optional. Protocols are useful to overcome some states’ objections during the negotiating phase. “The treaty” is the minimum common denominator. Protocols are useful to overcome some states’ objections during the negotiating phase. “The treaty” is the minimum common denominator.