Practice question
States A and B negotiate and adopt a text that expressly requires ratification. State A has neither ratified nor otherwise expressed the required consent to be bound. Assume no separate basis for full performance obligations. Does adoption alone establish that A must perform the treaty as a party?
- No; adoption is distinct from the required consent and entry-into-force steps
- Yes; every negotiated draft immediately binds all negotiators as parties
- Yes; the number of pages supplies ratification
- Yes; State B may ratify on A's behalf without authority
- Yes; political interest alone creates party status
Legal references
- Vienna Convention on the Law of Treaties (1969), Articles 2, 11–14, 24, 26, 27, 34 and 38: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
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