Treaties are fundamental instruments in international law, establishing agreements between states. However, understanding the different actions involved in becoming a party to a treaty can be confusing. Terms like “signature,” “ratification,” and “accession” are often used, but what exactly distinguishes them? This article clarifies these key differences, drawing from the Vienna Convention on the Law of Treaties.
Signature ad Referendum
A “signature ad referendum” is a conditional signature by a state representative, meaning it requires confirmation by their state to become definitive. This type of signature indicates that the representative has signed but needs to seek final approval from their government. The key difference here is the conditional nature of the signature. It is not a full expression of consent to be bound until the state formally confirms it. Once confirmed by the responsible organ of the state, the signature becomes definitive, as if it was initially signed without reservation.
Signature Subject to Ratification, Acceptance, or Approval
When a signature is “subject to ratification, acceptance, or approval,” it signifies a different stage in the treaty-making process. This signature does not immediately establish the state’s consent to be bound. Instead, it serves multiple important functions. Firstly, it acts as a means of authentication of the treaty text, confirming that this is the agreed-upon document. Secondly, it expresses the signatory state’s willingness to continue with the treaty-making process, indicating a serious intention to consider becoming a party. Crucially, this type of signature qualifies the state to proceed with ratification, acceptance, or approval – the subsequent steps needed to express consent to be bound. Furthermore, it creates a provisional obligation: the signatory state must refrain from actions that would undermine the treaty’s purpose and objectives in good faith, even before formal ratification. This differs from “signature ad referendum” as it does not require immediate confirmation but signifies a longer-term intention and establishes a preliminary obligation. It’s also distinct from “ratification” itself because it’s only a preliminary step towards it.
Ratification
Ratification is the international act that definitively establishes a state’s consent to be bound by a treaty. This action is necessary when the treaty specifies ratification as the means of expressing consent. For bilateral treaties, ratification typically involves exchanging formal instruments between the states. In multilateral treaties, a depositary, often the Secretary-General of the United Nations, collects the ratifications from all states, keeping all parties informed. Ratification serves a critical purpose: it grants states the necessary time and space to seek domestic approval for the treaty, often involving parliamentary processes or legislative enactments to implement the treaty’s provisions within their national legal system. Ratification is the definitive act of consent, unlike “signature” which is often preliminary. It signifies a firm commitment to be legally bound by the treaty’s terms. It differs from “accession” in that ratification applies to states that initially signed the treaty, while accession is for states joining later.
Accession
“Accession” is the act by which a state joins a treaty that has already been negotiated and signed by other states. It carries the same legal weight as ratification, representing the state’s consent to be bound. Accession usually occurs after a treaty has already entered into force. It’s an option for states that did not participate in the initial negotiation or signing of the treaty but later wish to become parties. The process and conditions for accession are determined by the treaty itself, which may allow accession by all states or only a limited group. If the treaty is silent on accession, it generally requires the agreement of the original negotiating states. Accession is similar in legal effect to ratification but differs in its timing and applicability. While ratification is for signatory states, accession is for states joining after the initial signature, often after the treaty is already in force.
In summary, the key differences between signature, ratification, and accession lie in the stage of the treaty process, the level of commitment, and the timing of the action. Signature, in its various forms, often represents an initial step expressing intent or authentication. Ratification is the formal act of consent for states that signed, typically occurring after domestic approval processes. Accession allows states to join treaties already established by others. Understanding these distinctions is crucial for navigating the complexities of international treaty law and the process by which states become bound by international agreements.
