Treaty Signature

Authors

Curtis A. Bradley, Duke Law SchoolFollow

Document Type

Chapter of Book

Publication Date

2012

Keywords

treaties, treaty signature, Vienna Convention on the Law of Treaties, VCLT

Abstract

This chapter is a contribution to The Oxford Guide to Treaties (Duncan Hollis, ed., Oxford University Press, forthcoming 2012). Under international law, in order for a State to become a party to a treaty, it must express its consent to be bound by the treaty. Such consent can be expressed in a variety of ways, including through signature of the treaty by a proper representative of the State. Under modern treaty practice, however, States often express their consent to be bound by a separate act of ratification that is carried out after signature. When a treaty is subject to discretionary ratification after signature, the signature is referred to as a 'simple signature,' whereas a signature that indicates consent to be bound is referred to as a 'definitive signature'. Part I of the chapter considers why States often prefer simple signature subject to ratification in lieu of other methods of joining a treaty. Part II discusses the international legal consequences of a simple signature. Part III reviews the process by which a State can terminate its signatory obligations. The chapter concludes with a brief consideration of the strategic issues raised by the ability of States to decide not to ratify a treaty after signature.

Comments

Manuscript only posted by agreement from publisher.

Citation

Curtis A. Bradley, Treaty Signature in The Oxford Guide to Treaties 208-219 (Duncan B. Hollis ed., Oxford University Press, 2012)