Section 104p. 104

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Capacity of States to Conclude Treaties

Every State possesses capacity to conclude treaties.

ARTICLE 7

Full Powers

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.

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, for the purpose of performing all acts

relating to the conclusion of a treaty;

(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.

ARTICLE 8

Subsequent Confirmation of an Act Performed Without

Authorization

An act relating to the conclusion of a treaty performed by

a person who cannot be considered under article 7 as

authorized

to represent a State for that purpose is

without legal effect unless afterwards confirmed by that

State.

ARTICLE 9

Adoption of the Text

1. The adoption of the text of a treaty takes place by the

consent of all the States participating in its drawing up

except as provided in paragraph 2.

2. The adoption of the text of a treaty at an international

conference takes place by the vote of two thirds of the

States present and voting, unless by the same majority

they shall decide to apply a different rule.

ARTICLE 10

Authentication of the Text

The text of a treaty is established as authentic and

definitive:

(a) by such procedure 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.

ARTICLE 11

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.

ARTICLE 12

Consent to be Bound by a Treaty Expressed by Signature

1. The consent of a State to be bound by a treaty is

expressed by the signature of its representative when:

(a) the treaty provides that signature shall have that

effect;

(b) it is otherwise established that the negotiating States

were agreed that signature should have that effect; or

(c) the intention of the State to give that effect to the

signature

appears

from

the

full

powers

of

its

representative or was expressed during the negotiation.

2. For the purposes of paragraph 1:

(a) the initialing of a text constitutes a signature of the

treaty when it is established that the negotiating States

so agreed;

(b)

the

signature

ad

referendum

of

a

treaty

by

a

representative, if confirmed by his State, constitutes a full

signature of the treaty.

ARTICLE 13

Consent to be Bound by a Treaty Expressed by an

Exchange of Instruments Constituting a Treaty

The consent of States to be bound by a treaty constituted

by instruments exchanged between them is expressed by

that exchange when:

(a) the instruments provide that their exchange shall have

that effect; or

(b) it is otherwise established that those States were

agreed that the exchange of instruments should have

that effect.

ARTICLE 14

Consent to be Bound by a Treaty Expressed by

Ratification, Acceptance or Approval

1. The consent of a State to be bound by a treaty is

expressed by ratification when:

(a) the treaty provides for such consent to be expressed

by means of ratification;

(b) it is otherwise established that the negotiating States

were agreed that ratification should be required;

(c) the representative of the State has signed the treaty

subject to ratification; or

(d) the intention of the State to sign the treaty subject to

ratification

appears

from

the

full

powers

of

its

representative or was expressed during the negotiation.

2. The consent of a State to be bound by a treaty is

expressed by acceptance or approval under conditions

similar to those which apply to ratification.

ARTICLE 15

Consent to be Bound by a Treaty Expressed by Accession

The consent of a State to be bound by a treaty is

expressed by accession when:

(a)

the

treaty

provides

that

such

consent

may

be

expressed by that State by means of accession;

(b) it is otherwise established that the negotiating States

were agreed that such consent may be expressed by that

State by means of accession; or

(c) all the parties have subsequently agreed that such

consent may be expressed by that State by means of

accession.

ARTICLE 16

Exchange or Deposit of Instruments of Ratification,

Acceptance, Approval or Accession

Unless the treaty otherwise provides, instruments of

ratification, acceptance, approval or accession establish

the consent of a State to be bound by a treaty upon:

(a) their exchange between the contracting States;

(b) their deposit with the depositary; or

(c) their notification to the contracting States or to the

depositary, if so agreed.

ARTICLE 17

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