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3.2 The subject matter of treaties The potential subject matter of treaties is unlimited; they can be about anything over which the government has authority. Treaties tend to contain two types of propositions: • specific obligations that States agree to follow and enforce; • statements about ideals and expression of joint hopes, standing as statements of good intention. An example would be the expressed desire of States to co-operate in co-ordinating developments in a specific area (for example, the treaties setting up the EU to cooperate in a range of areas). 5.3.3 The process of formalising agreement to be bound by a treaty Once the matters to be included in the treaty are settled, it is drafted, approved by prospective States and then opened for signature by an authorised person from each State (the signatory). Sometimes it is not possible for everyone to be available to sign it at the same time in each other’s presence. It is formally signed by the Head of Government or other authorised person (the signatory) or persons (signatories) in each State. The signature is in an expression of interest by the relevant State and an additional process has to take place. The whole government, or legislature, or people, of each signatory State in the usual manner for that State has to agree to the treaty, allowing ratification of the treaty to take place. This marks the formal agreement by the State to be bound by the treaty as signed. An example of this two stage process is Norway’s application to join the EC in 1973. The government of Norway signed an accession treaty joining the EC. However, the people of Norway were not prepared to support joining and the government lost a referendum (a ballot put to the people). The government, therefore, could not ratify the treaty and Norway did not join the EC. 5.3.4 The methods to minimise dissent in the negotiation process When a treaty is being negotiated by a group of nation States it may well be the case that whilst one State may be in favour of most of the treaty there are matters under discussion which they do not like, and cannot at that time agree to. Rather than risk the whole treaty failing to be negotiated, which could be an international political disaster, methods have been devised to get round these potential serious problems. If the nation State agrees with the core of the treaty but does not wish to be bound by certain aspects of the treaty they can make this clear by entering what is called a ‘derogation’. They agree the treaty with the disliked item ‘taken away’: the State opts out of that aspect. A written record of the derogation is drawn up, signed by the State concerned, and attached to the treaty. If the State is potentially sympathetic to an aspect of the treaty but for political reasons (perhaps lack of support in the nation as a whole for that particular item)
DOI link for 3.2 The subject matter of treaties The potential subject matter of treaties is unlimited; they can be about anything over which the government has authority. Treaties tend to contain two types of propositions: • specific obligations that States agree to follow and enforce; • statements about ideals and expression of joint hopes, standing as statements of good intention. An example would be the expressed desire of States to co-operate in co-ordinating developments in a specific area (for example, the treaties setting up the EU to cooperate in a range of areas). 5.3.3 The process of formalising agreement to be bound by a treaty Once the matters to be included in the treaty are settled, it is drafted, approved by prospective States and then opened for signature by an authorised person from each State (the signatory). Sometimes it is not possible for everyone to be available to sign it at the same time in each other’s presence. It is formally signed by the Head of Government or other authorised person (the signatory) or persons (signatories) in each State. The signature is in an expression of interest by the relevant State and an additional process has to take place. The whole government, or legislature, or people, of each signatory State in the usual manner for that State has to agree to the treaty, allowing ratification of the treaty to take place. This marks the formal agreement by the State to be bound by the treaty as signed. An example of this two stage process is Norway’s application to join the EC in 1973. The government of Norway signed an accession treaty joining the EC. However, the people of Norway were not prepared to support joining and the government lost a referendum (a ballot put to the people). The government, therefore, could not ratify the treaty and Norway did not join the EC. 5.3.4 The methods to minimise dissent in the negotiation process When a treaty is being negotiated by a group of nation States it may well be the case that whilst one State may be in favour of most of the treaty there are matters under discussion which they do not like, and cannot at that time agree to. Rather than risk the whole treaty failing to be negotiated, which could be an international political disaster, methods have been devised to get round these potential serious problems. If the nation State agrees with the core of the treaty but does not wish to be bound by certain aspects of the treaty they can make this clear by entering what is called a ‘derogation’. They agree the treaty with the disliked item ‘taken away’: the State opts out of that aspect. A written record of the derogation is drawn up, signed by the State concerned, and attached to the treaty. If the State is potentially sympathetic to an aspect of the treaty but for political reasons (perhaps lack of support in the nation as a whole for that particular item)
3.2 The subject matter of treaties The potential subject matter of treaties is unlimited; they can be about anything over which the government has authority. Treaties tend to contain two types of propositions: • specific obligations that States agree to follow and enforce; • statements about ideals and expression of joint hopes, standing as statements of good intention. An example would be the expressed desire of States to co-operate in co-ordinating developments in a specific area (for example, the treaties setting up the EU to cooperate in a range of areas). 5.3.3 The process of formalising agreement to be bound by a treaty Once the matters to be included in the treaty are settled, it is drafted, approved by prospective States and then opened for signature by an authorised person from each State (the signatory). Sometimes it is not possible for everyone to be available to sign it at the same time in each other’s presence. It is formally signed by the Head of Government or other authorised person (the signatory) or persons (signatories) in each State. The signature is in an expression of interest by the relevant State and an additional process has to take place. The whole government, or legislature, or people, of each signatory State in the usual manner for that State has to agree to the treaty, allowing ratification of the treaty to take place. This marks the formal agreement by the State to be bound by the treaty as signed. An example of this two stage process is Norway’s application to join the EC in 1973. The government of Norway signed an accession treaty joining the EC. However, the people of Norway were not prepared to support joining and the government lost a referendum (a ballot put to the people). The government, therefore, could not ratify the treaty and Norway did not join the EC. 5.3.4 The methods to minimise dissent in the negotiation process When a treaty is being negotiated by a group of nation States it may well be the case that whilst one State may be in favour of most of the treaty there are matters under discussion which they do not like, and cannot at that time agree to. Rather than risk the whole treaty failing to be negotiated, which could be an international political disaster, methods have been devised to get round these potential serious problems. If the nation State agrees with the core of the treaty but does not wish to be bound by certain aspects of the treaty they can make this clear by entering what is called a ‘derogation’. They agree the treaty with the disliked item ‘taken away’: the State opts out of that aspect. A written record of the derogation is drawn up, signed by the State concerned, and attached to the treaty. If the State is potentially sympathetic to an aspect of the treaty but for political reasons (perhaps lack of support in the nation as a whole for that particular item)
ABSTRACT
Once the matters to be included in the treaty are settled, it is drafted, approved by prospective States and then opened for signature by an authorised person from each State (the signatory). Sometimes it is not possible for everyone to be available to sign it at the same time in each other’s presence. It is formally signed by the Head of Government or other authorised person (the signatory) or persons (signatories) in each State.
