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Article 17: Consent To Be Bound - Part Of A Treaty Choice Of Differing Provisions

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Chapter Summary

In the last fifty years international treaty law has become more flexible and provides for treaties permitting partial ratification and even offering a choice of differing provisions. Such treaties concern mainly conventions dealing with technical or specialised matters. It follows from the structure of Article 17 of the Law of Treaties that the principle remains untouched according to which ratification shall comprise the entire treaty (N. 1). However, if all States concerned agree, a State may either consent to be bound by part of a treaty, as in para. 1 (N. 4-5), or, if the treaty so permits, even choose between differing provisions within the treaty, as in para. 2 (N. 6). Both cases concern partial consent which can be expressed by means of partial ratification, partial acceptance, partial approval or partial accession.

Keywords: 1965 Vienna Convention; differing provisions; international treaty law; Law of Treaties

10.1163/ej.9789004168046.i-1058.124
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