Conclusion of Treaties, Mode of Expression of State Consent


Stages for negotiation and conclusion:
• Part II : Conclusion and Entry into Force of Treaties

– Conclusion of Treaties

– Art. 6 : Capacity of States to Conclude Treaties (Every state possess such capacity)

– Art. 7 : Full Powers

• A person is considered as representing a state for the purpose of adopting or authenticating the text of treaty – But he/she must have full power



– Who has full power ? » Head of state, Head of Govt, Minister of Foreign Affairs

– for conclusion of treaty » Head of diplomatic mission

– for text of treaty » Representative accredited by stated

– for adopting text of treaty in conference

Full Powers :

Nepal Treaty Act – Sec 2(b) – (b) “Full Power” means the letter of authority issued by GoN

– empowering anyone to negotiate or accept the final draft or certified copy of or sign a treaty

– and this term also includes the authority granted to maintain reservations while holding such negotiations or signing a treaty,

– or to perform any other function in respect to such treaty.
• Art 8 : Subsequent confirmation of an act performed without authorization

• Art 9 : Adoption of Text

– Consent of all parties

– Exception: if in an international conference

– by 2/3rd vote – 2/3rd may decide to resolve with a different rule
• Expression of consent to be bound by treaty

– Signature (art. 12)

• When treaty provides that signature shall have that effect

– Exchange of instrument constituting a treaty (art 13) – Expressed by ratification, acceptance or approval (art. 14) – Expressed by accession (art. 15)

• Obligation not to defeat the object and purpose of treaty prior to its entry into force (Art. 18) – State is obliged to refrain from acts which would defeat the object and purpose of a treaty when :

• It has signed treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval until it shall have made its intention clear not to become a party to the treaty; or • Expressed its consent to be bound by treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed.
• Certain German Interests in Polish Upper Silesia Case, PCIJ , 1926 – A state is obliged to refrain from acts which would defeat the object and purpose of a treaty when :

• (a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification until it shall have made its intention clear not to become a party to the treaty

• Or (b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed.