MZUMBE UNIVERSITY

FACULTY OF LAW

NAME: RWELAMILA KAJUNA

REG. NO: 12237/T.10

COURSE: LL.B II

SUBJECT: PUBLIC INTERNATIONAL LAW

SUBJECT CODE: LAW 223

TASK: INDIVIDUAL ASSIGNMENT

QUESTION:
What are steps in Treaty formation? Explain each of them

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OUTLINE:
INTRODUCTION

- Concept of International Treaties

MAIN BODY

- Steps of Treaty Formations

1) Accrediting of persons on behalf of contracting parties. (Delegates)

2) Accrediting of persons on behalf of contracting parties. (Delegates)
3) Signature by Delegates
4) Ratification
5) Accession or Adhesion
6) Registration and Publication

CONCLUSION

REFERENCE

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INTRODUCTION:

In the modern world of international law treaties are found as one of the very important
source of international law as per article 38(1) of the Statute of International Court of
Justice.1 Through treaty is where the state can meet together and agreed upon each about a
certain matter concerning their relationships and other activities. Whenever there is dispute
among the states an International Court of Justice has to decide that dispute by first finding
out whether there is an international treaty on the point of dispute or not. In case there is a
provision concerning a particular matter in dispute between state the court will relay upon
that provision and that is why we say an international treaties occupy the same status with
any other international law just like legislation made in municipal law.

Concept of Treaties

According to A.G Warutere treaties are any international agreement, which are entered by
two or more states or other international legal persons and is governed by International
law. If the treaties involve two parties then it is called a bi-lateral treaty but if it concerns
more than one then it is called multi- lateral treaty.2

In the view of Prof. Oppenheim International treaties are agreement of a contractual

character between States or other international organisations.3

Also under article 2(1) (a) of the Vienna convention 4 defined treaty as to mean an
agreement between states governed by the rules of international law and is found in one
compact legal document or in several but related legal document.

MAIN BODY
1
The statute of International Court of Justice
2

3
L. Oppenheim, International Law, Vol. I 8th Ed. p. 877
4
Vienna Convention on the Law of Treaties Done at Vienna on 23 May 1969

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FORMATION PROCESS

Before a state concludes a treaty the following are necessary steps that should be followed:

1) Accrediting of persons on behalf of contracting parties. (Delegates)

Usually during the formation of the treaty it could not be possible for the whole states’
leaders to appear in the meeting so what is done is States authorise some
representatives to represent them during the entire process of negotiation, adoption
and signing of the treaty to verify the consent of the particular nation. Members or
representatives who are not authorised by their nations cannot participate in the
conference.

2) Accrediting of persons on behalf of contracting parties. (Delegates)

Usually the matter of negotiation will come into operation if there is misunderstanding
or dispute between parties. If there is no dispute there is no need to waste time to
negotiate. During negotiation representative communicate with his state and authors
the terms or conditions of treaty until the agreement is reached.

3) Signature by Delegates.

When a treaty is drawn parties may sign the documents. The authorised representatives
of the state parties sign the treaty on behalf of their States. Signature signifies for the
State consent to be bound. Article 11 of Vienna convention in law of Treaties 5 states that
unless the treaty express otherwise how in which it came into force, it become binding
immediately after signing. Although it has to be noted that the treaty does not become
into force in a certain country until it is ratified by the respective State.

4) Ratification.

This means that the government by conforming to the provisions of the constitution
confirms or approves the signature made by their authorised representatives on the
treaty. The state will become bound after ratification.

5) Accession or Adhesion.

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ibid

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 The practice of the state shows that those states which have not signed the treaties may
also accept it later on. This is called accession a treaty become a law only after it has
ratified by prescribed number of States. Even after the prescribed number of State
parties have signed, other States may also accept or adhere to that treaty.

6) Registration and Publication.

Article 102 of the United Nations Charter 6, provides for the registration and publication
of the treaty in the United Nations. If treaty is not registered it cannot be invoked before
any organ of United Nations. The objective of this provision was to prevent secret treaties
between States, and make it possible for the people to repudiate such treates when
publicly disclosed.

CONCLUSION

Generally before the Vienna Convention on the Law of Treaties of 1969 there was no special
provision which was dealing with modality of making an international agreement between states
(Treaty). This brought some confusion among the state themselves and makes international law
difficult to operate when any kind of dispute among the States arose. But after the convention
the law concerning with international treaty is clear in all aspects and made it easier for the
International Court of Justice to play its role and provide a fair agreement relying of the terms
and conditions written in the treaties.

6
United Nations Charter and the Statute of international Court of justice 1945, San Francisco

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 REFERENCE:

STATUTE:

The Statute of International Court of Justice of 1945

CONVETIONS:

Vienna Convention on the Law of Treaties of 1969

BOOKS:

Kapoor S.K. International law and Human Rights, 4 th ED, Ajanta offset printers,
Allahabad; 2002

Starke, J.G. Introduction of International law, 10 th ED. Aditya Books private limited.
New Delhi; 1994

OTHER SOURCES

- www.wikipedia.com/