, LCP4801 ASSIGNMENT 2 SEMESTER 2 2026 - DUE DATE : SEPTEMBER 2026
State Consent to Treaties and the Law Governing Reservations
Introduction
Under international law, a state becomes legally bound by a treaty only after it has expressed
its consent to be bound through a recognised method. The principal authority governing this
area is the Vienna Convention on the Law of Treaties 1969 (VCLT). The Convention
provides various methods through which states may express consent, including signature,
ratification, acceptance, approval and accession.1 The law also permits states, subject to
certain limitations, to make reservations to multilateral treaties.
Reservations are important because they allow states to participate in treaties while excluding
or modifying the legal effect of particular provisions. However, a reservation cannot be used
in a manner that defeats the fundamental purpose of the treaty. The distinction between
permissible and impermissible reservations is therefore central to the law of treaties.
1. Expression of Consent by a State
1.1 Signature
Article 11 of the VCLT provides that a state's consent to be bound by a treaty may be
expressed by signature, exchange of instruments, ratification, acceptance, approval or
accession.2 Article 12 further provides that signature constitutes consent where the treaty
itself provides that signature has such an effect, where the negotiating states agreed that
signature would have that effect, or where the state's intention to give signature such legal
effect is established from the representative's full powers or from the circumstances of the
treaty's conclusion.3
1
Vienna Convention on the Law of Treaties 1969 (VCLT), art 11.
2
VCLT, art 11.
3
VCLT, art 12.
State Consent to Treaties and the Law Governing Reservations
Introduction
Under international law, a state becomes legally bound by a treaty only after it has expressed
its consent to be bound through a recognised method. The principal authority governing this
area is the Vienna Convention on the Law of Treaties 1969 (VCLT). The Convention
provides various methods through which states may express consent, including signature,
ratification, acceptance, approval and accession.1 The law also permits states, subject to
certain limitations, to make reservations to multilateral treaties.
Reservations are important because they allow states to participate in treaties while excluding
or modifying the legal effect of particular provisions. However, a reservation cannot be used
in a manner that defeats the fundamental purpose of the treaty. The distinction between
permissible and impermissible reservations is therefore central to the law of treaties.
1. Expression of Consent by a State
1.1 Signature
Article 11 of the VCLT provides that a state's consent to be bound by a treaty may be
expressed by signature, exchange of instruments, ratification, acceptance, approval or
accession.2 Article 12 further provides that signature constitutes consent where the treaty
itself provides that signature has such an effect, where the negotiating states agreed that
signature would have that effect, or where the state's intention to give signature such legal
effect is established from the representative's full powers or from the circumstances of the
treaty's conclusion.3
1
Vienna Convention on the Law of Treaties 1969 (VCLT), art 11.
2
VCLT, art 11.
3
VCLT, art 12.
