The multiplicity of methods of expressing consent has unfortunately introduced a good deal of confusion into the law.
Article 11 of the Vienna Convention provides:
“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.”
Traditionally, signature and ratification are the most frequent means of expressing consent.
In addition to signature and ratification, a state can also become a party to a treaty by accession (otherwise known as adhesion or adherence). The difference between accession, on the one hand, and signature or ratification, on the other, is that the acceding state did not take part in the negotiations which produced the treaty, but was invited by the negotiating states to accede to the treaty. Accession is possible only if it is provided for in the treaty, or if all the parties to the treaty agree that the acceding state should be allowed to accede. Accession has the same effect as signature and ratification combined.
These, then, were the traditional methods of expressing consent to a treaty: signature, ratification and accession. However, modern developments have complicated the situation in several different ways.
In the first place, treaties are nowadays often concluded by an exchange of correspondence (usually called an exchange of notes) between the two states. Each note is signed by a representative of the state sending it, and the two signatures are usually enough to establish the consent of the states to be bound; however, exchanges of notes require ratification in the few cases where it can be proved that that was the intention of the states concerned.
Second, the modern practice of leaving certain treaties open for long periods for signature by states which may or may not have participated in the drafting of
the treaty has blurred the distinction between accession, on the one hand, and signature and ratification, on the other.
Third, acceptance or approval is sometimes used nowadays in place of ratification (or, alternatively, in place of accession).
Accession is generally done by depositing a formal instrument, which is also known as “accession”, with the depositary government, which may be named in the treaty, or with the international organization in cases where the treaty is drawn up under the auspices of such organization. There is no precise form for the instrument of accession; a mere notification to the original contracting parties or the authority named in the treaty usually suffices. Accession does not require ratification unless it is made subject to ratification. The reason is that the governments do have adequate time to consider the matter fully before it may decide to accede to a treaty.
EXHIBIT 26
INSTRUMENT OF ACCESSION
WHEREAS the Treaty (Convention, etc.) was concluded (opened for signature, etc.) at... on... 19____,
NOW THEREFORE, I [name and title of the Head of State, Head of Government or Minister for Foreign Affairs] declare that the Government of..., having considered the above-mentioned Treaty (Convention, etc.), accedes to the same and undertakes faithfully to perform and carry out the stipulations therein contained.
IN WITNESS WHEREOF I have signed this instrument of accession at... on... 19__.
(signed)
EXHIBIT 27
INSTRUMENT OF
ACCEPTANCE
WHEREAS the Convention concerning the Protection of the World Cultural and Natural Heritage was adopted on 16 November 19_ by the General Conference of Unesco at its seventeenth session;
WHEREAS the said Convention is open to acceptance _____________ under the terms of its Article 31,
NOW THEREFORE the Government of __________ having considered the aforesaid Convention, hereby accept the same and undertake faithfully to carry out the stipulations therein contained.
IN WITNESS WHEREOF, I have signed and sealed this instrument.
Done at _________ this ________ day of_______ 19 ___.
Seal
(signed)
ASSIGNMENTS
I. Read the text and answer the checkup questions.
1. How can a state become a party to a treaty? 2. What are the traditional means of expressing the state’s consent to be bound by a treaty? 3. What is the role of diplomats in negotiating a treaty? 4. What is the difference between accession to a treaty, on the one hand, and signature or ratification of a treaty, on the other? 5. What is the modern practice of expressing consent to a treaty? 6. What function is generally performed by acceptance or approval of a treaty? 7. What is the main reason for the popularity of such terms?
II. Complete the following sentences using the required information from the above text.
1. Accession is possible only if.... 2. It has the same effect as.... 3. Treaties are nowadays often concluded by.... 4. Acceptance or approval is sometimes used in place of.... 5. It may perform the same function on the international plane as …. 6. The main reason for the popularity of the terms “acceptance” and “approval” is …. 7. Exchanges of notes require ratification ….
III. Study the texts in exhibits 26 and 27, point out words and phrases pertaining to the formal style.
IV. Study the use of italicized words in different phrases, suggest their Russian equivalents.
ACCESSION
instruments of ≈.; ≈ to a treaty; ≈ to the throne; ~ of new members.
INSTRUMENT
a constituent ≈; an international ≈; a legal ≈; a legally binding ≈; an ≈ of accession; an ≈ of aggression; an ≈ of ratification; an ≈ of surrender; adoption of new ≈ s; a compilation of international ≈ s of the United day of Nations.
V. Suggest the English for:
1) акт о присоединении; 2) пополнение (организации)новыми членами;
3) ратификационная грамота; 4) учредительный акт; 5) юридически обязательный документ.
VI. Memorize the following:
| IN VIEW OF | - the holding of the twenty second session - its wide scope - its success - the present imbalances - the important regional variation | В ЦЕЛЯХ проведения двадцать второй сессии ВВИДУ широкой сферы охвата С УЧЕТОМ успешного выполнения В СВЯЗИ с имеющимися диспропорциями УЧИТЫВАЯ существующие региональные различия |
VII. Translate into Russian taking note of the words and phrases in bold type.
1. In view of the fact that the term of office of three members of the Commission was due to expire on 21 November 1997, the Director- General applied the procedure provided for in that Protocol for the replacement of the members concerned. 2. The plan should take account of the relationship between culture and science. 3. The General Conference, having taken cognizanceof the conclusions of the Executive Board, invites the Director-General to submit conclusions on this matter to the fourth extraordinary session of the General Conference. 4. The next Medium- Term Plan should duly take into account the need for the public at large to understand science. 5. The General Conference, mindful that the purpose of Unesco is to contribute to peace and security, invites Member States to take note of the Final Document of the World Congress on Disarmament Education. 6. They should take into consideration those recommendations of the Commission that lend themselves to rapid application. 7. The General Conference, considering that art plays an important part in education recommends that Member States implement the following provisions.
VIII.Translate into Russian.
