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Vol 21 No 9 Sept/Oct 2016

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Treaty Making: Expression of Consent by States to Be Bound by a Treaty

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ISBN13: 9789041116925
ISBN: 9041116923
Published: September 2001
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £284.00

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Treaty-making constitutes the very basis of the international legal order and influences international relations. It channels the expression by states of consent to be bound and defines the commitments they enter into. However, the national procedures by which states express their consent to be bound vary considerably, depending on constitutional, legal, and political conditions which reflect the history of each country.

This report, drawn up under the aegis of the Committee of Legal Advisers on Public International Law (CAHDI) of the Council of Europe, encompasses the practice of 39 member states of this organization and a number of observer states. It provides comprehensive and up-to-date information about these states' means of expressing consent to be bound by a treaty. Furthermore, the analysis commissioned by the CAHDI from the British Institute of International and Comparative Law casts fresh light on this matter by inferring interesting considerations from the diversity of national procedures.

With this report, the Council of Europe wishes to pursue its practical contribution to the development of international law, facilitating the mutual understanding of its member States and, thus, helping to build a stable and peaceful international community.

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Public International Law
Foreword by the Secretary General of the Council of Europe.
Part I: Analytical Report.
Section I: Regulation of the treaty-making process.
1. The negotiating process.
2. Consent to be bound.
3. Reservations.
4. Provisional application.
5. Implementation.
Section II: National regulation of treaty-making at the international level.
1. Comparison of how States express their consent at the international level.
2. Negotiation process.
Section III: Domestic legal processes governing the conclusion of treaties.
1. Analysis of municipal legal sources.
2. The involvement of different State organs.
Section IV: Reservations and declarations.
1. Executive competence.
2. Involvement of the parliament.
Section V: Provisional application.
1. Legal systems in which provisional application is generally permissible.
2. Provisional application subject to the rules of domestic law.
3. Provisional application generally excluded.
Section VI: The place of treaties in domestic law.
1. Forms of incorporation.
2. Self-executing treaties.
3. Direct applicability.
4. Hierarchy of norms.
Part II: Country Reports.