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Consent To Be Bound By A Treaty Expressed By Ratification, Acceptance Or Approval

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Chapter Summary

The consent of a state to be bound by a treaty is expressed by ratification when: (a) the treaty provides for such consent to be expressed by means of ratification; (b) it is otherwise established that the negotiating states were agreed that ratification should be required; (c) the representative of the state has signed the treaty subject to ratification; or (d) the intention of the state to sign the treaty subject to ratification appears from the full powers of its representative or was expressed during the negotiation. Ratification, acceptance and approval all have the same legal effect. States are free as to what terms they employ; it is a matter of terminology rather than substance. They are distinct procedures and may even appear together with ratification and accession in the same treaty.

Keywords: accession; ratification; treaty

10.1163/ej.9789004168046.i-1058.105
/content/books/10.1163/ej.9789004168046.i-1058.105
dcterms_subject,pub_keyword
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