Signature and ratification of treaties in international law

Abstract

Treaty-making has gathered a great deal of importance especially during the last century. Amongst the reasons why this is an extremely important branch of International Law the most outstanding is that International Law is a law based on the consent of states and the instrument that states use to give substance and form to their agreements Treaty making is a long process and involves various stages especially when one is dealing with treaties concluded between various states. It involves negotiations either between governments represented by heads of departments and ministers or between the various states of large conferences. After the due negotiations and deliberations states confirm their agreement ln writing -- they draw up the text of their agreement. In multilateral treaties a further stage is adoption of the text. The next two stages in the treaty-making process are the ones I will be dealing with, namely signature and ratification. Here the states party to the agreement give cogent proof that they consent to be bound by the provisions of that agreement. Ratification in treaty making is a further confirmation. it gives the state parties time to consider the effect of applying the agreement within its territory and an opportunity to refrain from giving final consent if the agreement proves unfavourable. These various stages before a state becomes bound are regulated by International Law consisting of both international conventions and customary law. Customary law plays an important part in International Law especially since this field of law is not one based mainly on statutes and codification. However treaty-making practice, again largely based on international custom was the subject of an important convention concluded in Vienna in 1969.