Define accession and ratification, Business Law and Ethics

Define  Accession and ratification

Another area/aspect that needs to be highlighted with regards to a Treaty is the difference between signing and ratifying a particular treaty. The effect of signature depends on whether a treaty is subject to ratification and approval, meaning thereby, the state signing the treaty has referred it to their government and waiting for their approval or ratification. It is an obligation on the states that have signed a treaty, to refrain from any state practice which is inconsistent with the treaty. It is important to note that the mere signing of a treaty only shows the intention of a state to take into consideration the formal adoption of that treaty at a later/subsequent stage. On the other hand, ratification means the approval by the head of State or government of the signature to the treaty. It is after the ratification that the treaty is actually formed and comes into existence. If a state has signed a treaty before it has been enforced then that state has simply signed it, whereas, if a state has ratified a treaty before it has been enforced then that state has merely ratified it. If a treaty has been enforced and then a state ratifies it then it would amount to as accession. are distinguishable as accession indicates that a state is to become a party to the whole treaty. A treaty however, can not come into force until a specified number of states have ratified it.

Posted Date: 5/30/2013 1:58:06 AM | Location : United States







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