Ratification defines the international act by which a State declares its consent to be bound by a treaty if the parties intend to express their consent by such an act. In the case of bilateral treaties, ratification is usually achieved through the exchange of the necessary instruments, while in multilateral treaties, the usual procedure is for the depositary to obtain ratifications from all States and to keep all parties informed of the situation. The institution of ratification shall allow the necessary time to seek the necessary approval of the Treaty at national level and to adopt the legislation necessary to give the Treaty national effect. « Ratification, acceptance, approval and accession are in any event the so-called international act by which a State determines at the international level its consent to be bound by a treaty. The consent of a State to be bound by a treaty shall be expressed by ratification if (a) the Treaty provides that such consent shall be expressed by ratification. Except as otherwise provided in the Treaty, instruments of ratification, acceptance, approval or accession shall give rise to the consent of a State to be bound by a treaty: (a) their exchanges between States Parties; (b) their deposit with the depositary; or (c) their notification to the States Parties or the Depositary, if so agreed. »; When we talk about the conclusion of contracts, the question arises as to whether the signature implies legal obligations for the State. The signature is not neutral, it necessarily produces effects. In principle, ratification is required before the signature can reach its full force. This commitment is governed by two basic principles: pacta sunt servanda (Latin meaning « agreements must be respected »), which means that any contract in force binds the parties and must be performed by them in good faith, and good faith (implementation in good faith of the provisions contained in the treaties). In analysing the conclusion of treaties, States concluding international agreements have at their disposal several instruments to enhance the strength and credibility of their obligations, including the possibility of making the agreement a formal treaty rather than a non-binding right, providing for mandatory dispute settlement procedures and establishing follow-up mechanisms.
A contract usually consists of three parts: the « preamble », which contains a list of all the contracting parties and a list of all the objectives of the contract and its subject matter. This preamble is generally used for the interpretation of the treaty. The « Items » contained in the Agreement; Traditionally, we distinguish between articles and « final provisions », provisions relating to signature, ratification, accession, entry into force, etc. For example, in Part VIII on the FINAL PROVISIONS of the Vienna Convention, article 81 of the Vienna Convention on Signature provides as follows: « This Convention shall be open for signature by all States Members of the United Nations or any of the specialized agencies or of the International Atomic Energy Agency or of the Parties to the Statute of the International Court of Justice. and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention as follows: not later than 30 November 1969 at the Federal Ministry for Foreign Affairs of the Republic of Austria, and not later than 30 April 1970 at United Nations Headquarters in New York ». Article 82 on RATIFICATION states: « This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 83 on ACCESSION provides: « This Convention shall be open for accession by any State belonging to one of the categories referred to in Article 81. The instruments of accession shall be deposited with the Secretary-General of the United Nations. The third and final part of the treaty are the « Annexes, Protocols and Declarations », which make it possible not to overload the text, e.B. an annex which provides for competence or a technical annex which does not concern a priori the market. The conclusion of treaties can be divided into three stages: a « negotiation » until the States have reached a consensus, the application of the treaty, which may be partial because of the « reservation » (reservation refers to a unilateral statement, whatever its formulation or designation, made by a State at the time of signature, ratification, acceptance, approval or accession to a treaty, purporting to exclude or modify the legal effect of certain provisions of the treaty when applied to that treaty. ) and the « entry into force » of the Treaty.
The Negotiators Act is defined by the constitutional law of each state, and it is usually the head of state, prime minister or foreign minister who has the power to negotiate treaties. But it is obvious that not all contracts, especially technical contracts, can be negotiated by these contracts alone. That is why the term « authorized representative » is used: « one who has full power to do something; a person who is fully mandated to act on behalf of another person. Term applied in international law to ministers and second-ranking envoys of public ministers ». Authorized persons receive letters committing their condition. These letters shall be delivered to the Head of the host State. Letters of full power are signed by the President and usually signed by the Prime Minister. International law generally distinguishes between « letters of full power » and simple letters of power (the negotiator`s room for manoeuvre is limited). « Power of attorney » is a term in international law and is the authority of a person to sign a treaty or convention on behalf of a sovereign state. Persons other than the Head of State, the Head of Government or the Minister of Foreign Affairs of the State must present powers of attorney to sign a treaty binding on their Government. Such a person is called an authorized representative.
Jus tractatuum (or sometimes jus tractandi) is a Latin legal term commonly used in international and constitutional law and refers to the right to conclude treaties. It is generally called in English « treaty-making power ». Within the meaning of article 6 of the Vienna Convention on the Law of Treaties, each State has the capacity to conclude treaties. International organizations as well as subnational entities of federal states may also be subject to contractual mathematics. Jus tractatuum is associated with the notion of international legal personality. Article 8 on the subsequent confirmation of an ACT TAKEN WITHOUT THE AUTHORIZATION OF THE VIENNA CONVENTION provides that « an act relating to the conclusion of a contract performed by a person who, under article 7, cannot be considered to have the power to represent a State for that purpose shall have no legal effect, unless it is subsequently confirmed by that State ». There is a practice of rejecting representatives who have acted outside their capacity. You will find these EU international agreements as well as a comprehensive legal analysis and links to related information (validity of the act, date of entry into force, links to other documents and much more). The EU`s external action is defined in Title V of the Treaty on European Union and in Part 5 of the Treaty on the Functioning of the European Union (TFEU). The procedure for negotiating and concluding international agreements is laid down in Articles 207 and 218 TFEU, respectively for the common commercial policy and for the other areas of external action. Let`s take a look at the conclusion of contracts. International law aims to regulate relations within the International Society.
It deals only with relations between subjects of international law, that is, mainly States and, more recently, international organizations. According to the Vienna Convention, « a treaty means an international agreement concluded in writing between States and subject to international law, whether contained in a single instrument or in two or more related agreements and whatever their particular name ». It therefore concerns only intergovernmental treaties. The 1969 Vienna Convention regulates treaties between States and international organizations or treaties between organizations. In practice, certain commitments may be undertaken orally (agreements, conventions, pacts, charters, protocols, concordats, exchanges of letters, modus vivendi, etc.) and the Vienna Convention is not applicable to them. A treaty can also be defined as an « international agreement attributable to two or more subjects of international law, to which the parties are bound and which must be respected in good faith ». The word « conventional » appeared essentially in the nineteenth century. It quickly became a preferred regulatory instrument. It has played a key role for decolonized countries, which have seen in treaties opportunities to legally reject imposed and unjust customary rights. From a technical point of view, it is assumed that the elaboration of the treaty stems from the fact that it is a written right, a text whose proof is simple and whose techniques are relatively simple.
Treaties also have the advantage of allowing States to negotiate during talks to defend or enforce their conflicting or conflicting interests. Treaties are generally used to pacify relations between states. Some authors believe that contracts have existed since the first agricultural revolution. When talking about the conclusion of treaties, treaties can be defined as « the expression of the competing will of two or more subjects of international law for the purpose of producing effects of international law ». .