CONVENTION AND PROTOCOLS STATUS PAGE

Development of an International Agreement and its Terminology

Regarding legal terminology as to the development of an international agreement, the only implication which stems from signing an international agreement after the signature period has expired, but before the Protocol itself has entered into force, is related to the nature of the instrument required in order to become a Party to the Protocol. The issue becomes one of accession to the agreement and no longer one of ratification. Only those States which have signed the agreement during the signature period are able to deposit instrument of ratification. States which sign the agreement after the expiry of the signature period, becomes parties to the agreement through accession by submitting an instrument of accession or approval. In either these two hypotheses, i.e. if signature took place either during or after the signature period), signatory states are not legally bound by the provisions of the agreement, until the agreement enters into force. The signature demonstrates a States willingness to start its ratification process (by approval by its parliament etc.). Nonetheless, according to Article 18 of the Vienna Convention on the Law of Treaties (1969), signatory States have an obligation not to defeat the object and purpose of the treaty after signature of the treaty but prior to its entry into force. When the agreement enters into force, it will be binding on all States having ratified or acceded to it.

(NB:- The interpretation provided belongs to the author and not the United Nations Environment Programme).