LCP4801
Assignment 2 Semester 2 2026
Unique number:
Due date: 4 September 2026
BANKOKA’S CONSENT TO BE BOUND BY THE ICCPR AND ITS PROPOSED
RESERVATION TO ARTICLE 10(3)
1. Introduction
Bankoka possesses international legal personality because it satisfies the requirements of
statehood and is recognised by all members of the United Nations. As a sovereign state, it
has the capacity to conclude treaties under article 6 of the Vienna Convention on the Law of
Treaties 1969.1 Treaty obligations are based on consent, meaning Bankoka cannot be
bound by the International Covenant on Civil and Political Rights unless it performs a
recognised act expressing consent.1 Since Bankoka became independent long after the
ICCPR was opened for signature, the correct method is accession rather than signature
followed by ratification.1 Accession has the same legal effect as ratification and establishes
Bankoka’s consent on the international plane.1
, BANKOKA’S CONSENT TO BE BOUND BY THE ICCPR AND ITS PROPOSED
RESERVATION TO ARTICLE 10(3)
1. Introduction
Bankoka possesses international legal personality because it satisfies the
requirements of statehood and is recognised by all members of the United Nations.
As a sovereign state, it has the capacity to conclude treaties under article 6 of the
Vienna Convention on the Law of Treaties 1969.1 Treaty obligations are based on
consent, meaning Bankoka cannot be bound by the International Covenant on Civil
and Political Rights unless it performs a recognised act expressing consent.2 Since
Bankoka became independent long after the ICCPR was opened for signature, the
correct method is accession rather than signature followed by ratification.3 Accession
has the same legal effect as ratification and establishes Bankoka’s consent on the
international plane.4
Bankoka may deposit an instrument of accession with the United Nations Secretary-
General, who is the depositary of the ICCPR.5 The instrument may contain a
reservation concerning article 10(3), but the reservation will only be legally effective if
it complies with the rules governing reservations under international law. 6
2. Expression of Consent to Be Bound
2.1 Accession to the ICCPR
Article 11 of the Vienna Convention recognises signature, ratification, acceptance,
approval and accession as methods through which a state may express consent to
be bound.7 Article 15 provides that accession expresses consent where the treaty
allows accession or where the negotiating states later agree to it.8 Article 48(3) of the
1
Vienna Convention on the Law of Treaties 1969, art 6.
2
Hennie Strydom (ed), International Law (Oxford University Press Southern Africa 2016) 69.
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
International Covenant on Civil and Political Rights 1966, art 48(4).
6
Vienna Convention on the Law of Treaties 1969, arts 19–23.
7
ibid art 11.
8
ibid art 15.
Assignment 2 Semester 2 2026
Unique number:
Due date: 4 September 2026
BANKOKA’S CONSENT TO BE BOUND BY THE ICCPR AND ITS PROPOSED
RESERVATION TO ARTICLE 10(3)
1. Introduction
Bankoka possesses international legal personality because it satisfies the requirements of
statehood and is recognised by all members of the United Nations. As a sovereign state, it
has the capacity to conclude treaties under article 6 of the Vienna Convention on the Law of
Treaties 1969.1 Treaty obligations are based on consent, meaning Bankoka cannot be
bound by the International Covenant on Civil and Political Rights unless it performs a
recognised act expressing consent.1 Since Bankoka became independent long after the
ICCPR was opened for signature, the correct method is accession rather than signature
followed by ratification.1 Accession has the same legal effect as ratification and establishes
Bankoka’s consent on the international plane.1
, BANKOKA’S CONSENT TO BE BOUND BY THE ICCPR AND ITS PROPOSED
RESERVATION TO ARTICLE 10(3)
1. Introduction
Bankoka possesses international legal personality because it satisfies the
requirements of statehood and is recognised by all members of the United Nations.
As a sovereign state, it has the capacity to conclude treaties under article 6 of the
Vienna Convention on the Law of Treaties 1969.1 Treaty obligations are based on
consent, meaning Bankoka cannot be bound by the International Covenant on Civil
and Political Rights unless it performs a recognised act expressing consent.2 Since
Bankoka became independent long after the ICCPR was opened for signature, the
correct method is accession rather than signature followed by ratification.3 Accession
has the same legal effect as ratification and establishes Bankoka’s consent on the
international plane.4
Bankoka may deposit an instrument of accession with the United Nations Secretary-
General, who is the depositary of the ICCPR.5 The instrument may contain a
reservation concerning article 10(3), but the reservation will only be legally effective if
it complies with the rules governing reservations under international law. 6
2. Expression of Consent to Be Bound
2.1 Accession to the ICCPR
Article 11 of the Vienna Convention recognises signature, ratification, acceptance,
approval and accession as methods through which a state may express consent to
be bound.7 Article 15 provides that accession expresses consent where the treaty
allows accession or where the negotiating states later agree to it.8 Article 48(3) of the
1
Vienna Convention on the Law of Treaties 1969, art 6.
2
Hennie Strydom (ed), International Law (Oxford University Press Southern Africa 2016) 69.
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
International Covenant on Civil and Political Rights 1966, art 48(4).
6
Vienna Convention on the Law of Treaties 1969, arts 19–23.
7
ibid art 11.
8
ibid art 15.
