Question

A convention was held to discuss ways by which global warming can be curbed by the concerted efforts of all participating countries. Answer the following questions:

A. Define treaty

B. State any two essentials of a treaty.

C. Explain the various ways in which a Country can be bound by the clauses of the above convention.

Answer 1

A. A Treaty refers to legally binding, written, agreements in which states agree to act in a particular manner as specified in the agreement.

B. Treaties are binding upon the parties when entered in to in good ***** and with intention of creating binding obligations.

C. A state may express its consent to be bound by a particular treaty in certain cases, the most common of which are:

1. Consent by signature- In certain cases, treaties may be given force by way of signatures of representatives who have been given the full powers, i.e. authorization in writing from their state to be able to take decisions on its behalf.

2. Consent by exchange of Instruments - In some scenarios, consent may be recorded by way of exchanging certain instruments, i.e. documents which contain the terms agreed to by both sides, when these instruments provide that on such exchange they will be in effect.

3. Consent by Ratification - Ratification is simply understood to be the act by which a State establishes its consent to be bound by a treaty on the international plane. This was initiated as a measure to ensure that the representative who signed a treaty had due authority, by seeing whether the state agrees to 'ratify' the same. Ratification differs from country to country but usually requires a sign that the state consents to follow the provisions of the treaty.