Legal Question in International Law in Connecticut

Agreements

What is the difference, if any, between accede, ratify, and sign when dealing with an international treaty/agreement?


Asked on 7/29/06, 1:36 pm

1 Answer from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Agreements

Press accounts are definitely the obstacle here, as even major news networks use certain terms interchangeably that have different narrow legal meanings.

To "sign" a treaty is exactly what it means: a duly-accredited diplomat or head of state signs an original document on behalf of his country. That act does not, however, bind his country to a true treaty (in most legal systems) until the legislature votes to approve the signer's signature (i.e., "ratify"). Under the US Constitution, a ratified treaty constitutes a law co-equal with any other law passed by Congress and signed by the President.

Under a Convention known as the "Treaty on Treaties," a country has limited obligations during the period between signiture and ratification to refrain from acting inconsistently with the treaty pending its ratification, but this is difficult to apply in practice.

A country "accedes" to a treaty (also known as being a "State Party") once it has become a final binding obligation by having been duly signed and ratified.

Hope this helps (although I can't imagine how it could pertain to any actual legal problem),

LDWG

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Answered on 7/31/06, 9:38 am


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