Instruments of Ratification

Ratification is the formal expression by a State of its consent to be bound by a treaty which it has earlier signed. (Acceptance and approval are other terms having the same effect). Accession is the means by which a State which cannot sign a multilateral treaty (usually because no more signatures are allowed) can consent to be bound by it. Before a State becomes bound by a treaty, it must ensure that its domestic laws enable it to implement that treaty.

The act of ratification (or acceptance, approval or accession) consists, in the case of a multilateral treaty, of the deposit of a formal document with the depositary of the treaty. In the case of a bilateral treaty, ratification consists of the exchange of such documents. But, for almost all bilateral treaties, the ceremonial exchange of ratification instruments has now been replaced by the mutual notification of the 'completion of internal procedures'.

For multilateral treaties, instruments of ratification (or acceptance, approval or accession) must be deposited with the State or international organisation which is the depositary of the treaty.

Bilateral treaties, if they do not enter into force on signature, usually provide for entry into force when the Contracting States have notified each other that all initial procedures required for entry into force of the treaty have been completed. These requirements may for example be legislation or laying the treaty before Parliament. Notification takes the form of a brief Note to inform the other party that the necessary procedures have been completed.

Such bilateral treaties usually come into force on the date of the second Note. But in some cases the treaty provides for entry into force to be, for instance, thirty days later. In such cases, it is good practice to specify the actual date of entry into force in the Reply.

Bilateral treaties are still occasionally brought into force by the exchange of instruments of ratification. The treaty can only come into force once this has been done, but the actual date of entry into force is determined by the provisions of the treaty. If a treaty has been signed in London, the exchange of instruments usually takes place in the capital of the other State. Similarly, if the treaty has been signed overseas, the exchange usually takes place in London.

When instruments of ratification are exchanged, a Certificate of Exchange (sometimes referred to as a Proces-verbal or Protocol) is signed in order to record the date on which the exchange took place.