Treaties, laws and e-signatures
Treaty signature versus ratification
Short answer
- Governing treaty
- Vienna Convention on the Law of Treaties, 1969 2
- Vienna Convention in force since
- 27 January 1980 2
- Signature subject to ratification
- Authentication, not consent to be bound, articles 10 and 18 1
- Definitive signature
- Establishes consent to be bound, article 12 1
- Ratification
- International act expressing consent to be bound, articles 2(1)(b), 14(1) and 16 1
- US Senate vote needed
- Two thirds of the Senators present 3
What a treaty is
The UN Treaty Collection defines a treaty, following the 1969 Vienna Convention, as an international agreement concluded between States in written form and governed by international law 2. The Vienna Convention entered into force on 27 January 1980 2. A 1986 companion convention on treaties involving international organizations has still not entered into force, according to the same page 2.
The Vienna Convention sets the default rules on how a state expresses consent, who may sign for it and what each act means. A treaty's own final clauses can change those defaults 1.
Kinds of signature
The UN glossary separates three kinds of signature 1. The kind used depends on what the treaty says.
| Act | Legal effect | Vienna Convention articles |
|---|---|---|
| Signature subject to ratification, acceptance or approval 1 | Authenticates the text and shows willingness to continue. Does not establish consent to be bound 1 | 10 and 18 1 |
| Definitive signature 1 | Establishes consent to be bound where the treaty is not subject to ratification. Most routine bilateral treaties work this way 1 | 12 1 |
| Signature ad referendum 1 | Becomes definitive once the responsible organ of the state confirms it 1 | 12(2)(b) 1 |
How a state becomes bound
Ratification is the international act by which a state indicates its consent to be bound to a treaty, under articles 2(1)(b), 14(1) and 16 1. For multilateral treaties the depositary usually collects the instruments of ratification 1.
Acceptance and approval have the same legal effect as ratification. States use them when their constitution does not require the head of state to ratify 1. Accession lets a state join a treaty already negotiated and signed by others. It has the same legal effect as ratification and usually happens after the treaty has entered into force 1.
Where the treaty says nothing else, depositing an instrument of ratification, acceptance, approval or accession establishes consent to be bound. The depositary checks the formal requirements, registers the treaty and notifies the parties 1.
Who may sign for a state
A person signing for a state normally needs full powers. The UN glossary describes full powers as a document from a state's competent authority designating representatives to negotiate, adopt or authenticate a treaty, or to express consent to be bound, under articles 2(1)(c) and 7 1. Heads of State, Heads of Government and Foreign Ministers do not need to present full powers 1.
This is the clearest split between signatory and decision-maker in public law. The diplomat who signs authenticates the text. The decision to be bound is taken later by the organ the state's constitution names 1.
The domestic step before ratification
Many constitutions require a domestic approval before the executive ratifies. In the United States the President makes treaties by and with the advice and consent of the Senate, provided two thirds of the Senators present concur 3. The page on assent and enactment on this site covers how bills become law.
Obligations before entry into force
A treaty enters into force on the date its provisions set, under article 24. Multilateral treaties often require a fixed number of states to consent first. Where no date is set, a treaty enters into force once all negotiating states have consented 1.
Between signature and ratification, a signatory must refrain in good faith from acts that would defeat the object and purpose of the treaty 1. A reservation, which seeks to exclude or change the legal effect of a provision for that state, can be made at signature, ratification, acceptance, approval or accession. It must not conflict with the treaty's object and purpose, and a treaty may prohibit reservations 1.
Common questions
Is a country bound by a treaty it has signed?
Not if the treaty is subject to ratification. Such a signature authenticates the text but does not establish consent to be bound. The signatory must still avoid acts that would defeat the treaty's object and purpose 1.
What is the difference between ratification and accession?
Both express consent to be bound and have the same legal effect. Accession is used by a state that did not sign the treaty, usually after it has entered into force 1.
Who can sign a treaty without full powers?
Heads of State, Heads of Government and Foreign Ministers, under article 7 of the Vienna Convention as described by the UN glossary 1.
How many US senators must approve a treaty?
Two thirds of the Senators present must concur, under Article II, Section 2 of the US Constitution 3.
When did the Vienna Convention on the Law of Treaties enter into force?
On 27 January 1980 2.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@whosignedwhat.com.
Sources
Related
- Assent and enactment of legislation compared
Who signs a bill into law in the US, UK, Canada and Germany, what that signature attests to, and what happens if the head of state does not sign.
- Signatory, witness and decision-maker explained
The difference between the person who signs a document, the witness who attests the signature and the body that made the decision, with sourced examples.
- What a signature attests to
A signature can mean agreement, authentication, certification of accuracy or a decision. How laws in the US, EU, UK and at the UN define each meaning.
- Notarisation and the apostille explained
What an apostille certifies under the 1961 Hague Convention, how it differs from legalisation and notarisation, and how the UK and US issue them.