LCP4801
Assignment 2 Semester 2 2026
Unique number: 259095
Due date: September 2026
(2 ANSWERS PROVIDED)
Bankoka’s Accession to the International Covenant on Civil and Political
Rights and the Permissibility of Its Proposed Reservation to Article 10(3)
1. Introduction
Bankoka possesses full treaty-making capacity because it is an independent state
recognised by the international community. 1 Under article 6 of the Vienna
Convention on the Law of Treaties, every state has the capacity to conclude
treaties.1 Since the ICCPR entered into force many years before Bankoka became
independent, Bankoka cannot become a signatory through the original signature
process. It must express consent through accession by depositing an instrument of
accession with the United Nations Secretary-General.1 Accession has the same
, (2 ANSWERS PROVIDED)
Bankoka’s Accession to the International Covenant on Civil and Political
Rights and the Permissibility of Its Proposed Reservation to Article 10(3)
1. Introduction
Bankoka possesses full treaty-making capacity because it is an independent state
recognised by the international community. 1 Under article 6 of the Vienna
Convention on the Law of Treaties, every state has the capacity to conclude
treaties.2 Since the ICCPR entered into force many years before Bankoka became
independent, Bankoka cannot become a signatory through the original signature
process. It must express consent through accession by depositing an instrument of
accession with the United Nations Secretary-General.3 Accession has the same
international legal effect as ratification, acceptance or approval.4
The Minister of International Relations may represent Bankoka without producing full
powers because foreign ministers are recognised under article 7(2)(a) of the Vienna
Convention as persons authorised to perform treaty-related acts for their states.5
However, the Minister must also follow Bankoka‟s constitutional process before
depositing the instrument. Cabinet support alone may not be enough where
domestic law requires parliamentary approval. Once accession is completed, the
ICCPR will enter into force for Bankoka three months after the instrument is
deposited.6
2. Bankoka’s Method of Expressing Consent
2.1 Accession to the ICCPR
Article 48 of the ICCPR allows any state referred to in that provision to accede to the
Covenant.7 Bankoka should therefore approve accession according to its
Constitution and prepare a formal instrument signed by the Head of State, Head of
1
Montevideo Convention on the Rights and Duties of States 1933, art 1.
2
Vienna Convention on the Law of Treaties 1969, art 6.
3
International Covenant on Civil and Political Rights 1966, art 48(3).
4
Vienna Convention on the Law of Treaties 1969, arts 2(1)(b) and 15.
5
Vienna Convention on the Law of Treaties 1969, art 7(2)(a).
6
International Covenant on Civil and Political Rights 1966, art 49(2).
7
International Covenant on Civil and Political Rights 1966, art 48.
Assignment 2 Semester 2 2026
Unique number: 259095
Due date: September 2026
(2 ANSWERS PROVIDED)
Bankoka’s Accession to the International Covenant on Civil and Political
Rights and the Permissibility of Its Proposed Reservation to Article 10(3)
1. Introduction
Bankoka possesses full treaty-making capacity because it is an independent state
recognised by the international community. 1 Under article 6 of the Vienna
Convention on the Law of Treaties, every state has the capacity to conclude
treaties.1 Since the ICCPR entered into force many years before Bankoka became
independent, Bankoka cannot become a signatory through the original signature
process. It must express consent through accession by depositing an instrument of
accession with the United Nations Secretary-General.1 Accession has the same
, (2 ANSWERS PROVIDED)
Bankoka’s Accession to the International Covenant on Civil and Political
Rights and the Permissibility of Its Proposed Reservation to Article 10(3)
1. Introduction
Bankoka possesses full treaty-making capacity because it is an independent state
recognised by the international community. 1 Under article 6 of the Vienna
Convention on the Law of Treaties, every state has the capacity to conclude
treaties.2 Since the ICCPR entered into force many years before Bankoka became
independent, Bankoka cannot become a signatory through the original signature
process. It must express consent through accession by depositing an instrument of
accession with the United Nations Secretary-General.3 Accession has the same
international legal effect as ratification, acceptance or approval.4
The Minister of International Relations may represent Bankoka without producing full
powers because foreign ministers are recognised under article 7(2)(a) of the Vienna
Convention as persons authorised to perform treaty-related acts for their states.5
However, the Minister must also follow Bankoka‟s constitutional process before
depositing the instrument. Cabinet support alone may not be enough where
domestic law requires parliamentary approval. Once accession is completed, the
ICCPR will enter into force for Bankoka three months after the instrument is
deposited.6
2. Bankoka’s Method of Expressing Consent
2.1 Accession to the ICCPR
Article 48 of the ICCPR allows any state referred to in that provision to accede to the
Covenant.7 Bankoka should therefore approve accession according to its
Constitution and prepare a formal instrument signed by the Head of State, Head of
1
Montevideo Convention on the Rights and Duties of States 1933, art 1.
2
Vienna Convention on the Law of Treaties 1969, art 6.
3
International Covenant on Civil and Political Rights 1966, art 48(3).
4
Vienna Convention on the Law of Treaties 1969, arts 2(1)(b) and 15.
5
Vienna Convention on the Law of Treaties 1969, art 7(2)(a).
6
International Covenant on Civil and Political Rights 1966, art 49(2).
7
International Covenant on Civil and Political Rights 1966, art 48.
