LCP4801
Assignment 2 Semester 2 2026
Unique number
Due Date: 4 September 2026
BANKOKA’S RATIFICATION OF THE ICCPR SUBJECT TO A RESERVATION TO
ARTICLE 10(3)
1. Introduction
Bankoka has international legal personality and treaty-making capacity because it is
recognised as a state by the international community.1 Under article 6 of the Vienna
Convention on the Law of Treaties 1969, every state possesses the capacity to conclude
treaties.1 The International Covenant on Civil and Political Rights is already in force,
meaning that Bankoka must express consent through accession rather than ordinary
ratification because it did not sign the Covenant before the signature period closed. 1
Accession and ratification have the same international legal effect because each
establishes a state‟s consent to be bound.1
,BANKOKA’S RATIFICATION OF THE ICCPR SUBJECT TO A RESERVATION TO
ARTICLE 10(3)
1. Introduction
Bankoka has international legal personality and treaty-making capacity because it is
recognised as a state by the international community.1 Under article 6 of the Vienna
Convention on the Law of Treaties 1969, every state possesses the capacity to
conclude treaties.2 The International Covenant on Civil and Political Rights is already
in force, meaning that Bankoka must express consent through accession rather than
ordinary ratification because it did not sign the Covenant before the signature period
closed.3 Accession and ratification have the same international legal effect because
each establishes a state‟s consent to be bound.4
Bankoka may attempt to accompany its accession with a reservation concerning
article 10(3). However, the reservation must comply with the rules governing
reservations under the Vienna Convention, the approach adopted in the
Reservations to the Genocide Convention advisory opinion and the special principles
applying to human rights treaties.5 The prescribed material similarly explains that
reservations allow wider participation in multilateral treaties without permitting states
to defeat their central purpose.6
2. Bankoka’s Method of Expressing Consent
2.1 Accession to the ICCPR
1
Vienna Convention on the Law of Treaties (adopted 22 May 1969, entered into force 27 January 1980) 1155
UNTS 331 art 6.
2
ibid.
3
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March
1976) 999 UNTS 171 art 48.
4
Vienna Convention (n 1) arts 2(1)(b) and 11.
5
Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide (Advisory
Opinion) [1951] ICJ Rep 15.
6
Hennie Strydom (ed), International Law (OUP Southern Africa 2016) 101–102.
, Article 11 of the Vienna Convention recognises signature, ratification, acceptance,
approval and accession as methods of expressing consent.7 Article 48 of the ICCPR
specifically provides that the Covenant is open to accession by eligible states. 8
Bankoka should therefore complete its domestic approval process and deposit an
instrument of accession with the UN Secretary-General, who acts as the depositary.9
The Minister of International Relations may perform treaty-related acts without
producing full powers because foreign ministers represent their states by virtue of
office under article 7(2)(a) of the Vienna Convention.10
The instrument must clearly state Bankoka‟s intention to become legally bound by
the ICCPR.11 The Covenant will enter into force for Bankoka three months after the
instrument of accession is deposited, as required by article 49(2). 12 Bankoka will
then be required to perform the Covenant in good faith under the principle pacta sunt
servanda.13 Budget limitations and inadequate prison infrastructure will not ordinarily
excuse non-performance because article 27 of the Vienna Convention prevents a
state from relying on internal law to justify failure to perform a treaty.14
2.2 Proposed Reservation
Article 2(1)(d) of the Vienna Convention defines a reservation as a unilateral
statement made when signing, ratifying, accepting, approving or acceding to a treaty,
through which a state seeks to exclude or modify the legal effect of particular
provisions.15 Bankoka‟s statement would be a reservation because it seeks to modify
7
Vienna Convention (n 1) art 11.
8
ICCPR (n 3) art 48(3).
9
ibid art 48(4).
10
Vienna Convention (n 1) art 7(2)(a).
11
Strydom (n 6) 98–99.
12
ICCPR (n 3) art 49(2).
13
Vienna Convention (n 1) art 26.
14
ibid art 27.
15
ibid art 2(1)(d).
Assignment 2 Semester 2 2026
Unique number
Due Date: 4 September 2026
BANKOKA’S RATIFICATION OF THE ICCPR SUBJECT TO A RESERVATION TO
ARTICLE 10(3)
1. Introduction
Bankoka has international legal personality and treaty-making capacity because it is
recognised as a state by the international community.1 Under article 6 of the Vienna
Convention on the Law of Treaties 1969, every state possesses the capacity to conclude
treaties.1 The International Covenant on Civil and Political Rights is already in force,
meaning that Bankoka must express consent through accession rather than ordinary
ratification because it did not sign the Covenant before the signature period closed. 1
Accession and ratification have the same international legal effect because each
establishes a state‟s consent to be bound.1
,BANKOKA’S RATIFICATION OF THE ICCPR SUBJECT TO A RESERVATION TO
ARTICLE 10(3)
1. Introduction
Bankoka has international legal personality and treaty-making capacity because it is
recognised as a state by the international community.1 Under article 6 of the Vienna
Convention on the Law of Treaties 1969, every state possesses the capacity to
conclude treaties.2 The International Covenant on Civil and Political Rights is already
in force, meaning that Bankoka must express consent through accession rather than
ordinary ratification because it did not sign the Covenant before the signature period
closed.3 Accession and ratification have the same international legal effect because
each establishes a state‟s consent to be bound.4
Bankoka may attempt to accompany its accession with a reservation concerning
article 10(3). However, the reservation must comply with the rules governing
reservations under the Vienna Convention, the approach adopted in the
Reservations to the Genocide Convention advisory opinion and the special principles
applying to human rights treaties.5 The prescribed material similarly explains that
reservations allow wider participation in multilateral treaties without permitting states
to defeat their central purpose.6
2. Bankoka’s Method of Expressing Consent
2.1 Accession to the ICCPR
1
Vienna Convention on the Law of Treaties (adopted 22 May 1969, entered into force 27 January 1980) 1155
UNTS 331 art 6.
2
ibid.
3
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March
1976) 999 UNTS 171 art 48.
4
Vienna Convention (n 1) arts 2(1)(b) and 11.
5
Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide (Advisory
Opinion) [1951] ICJ Rep 15.
6
Hennie Strydom (ed), International Law (OUP Southern Africa 2016) 101–102.
, Article 11 of the Vienna Convention recognises signature, ratification, acceptance,
approval and accession as methods of expressing consent.7 Article 48 of the ICCPR
specifically provides that the Covenant is open to accession by eligible states. 8
Bankoka should therefore complete its domestic approval process and deposit an
instrument of accession with the UN Secretary-General, who acts as the depositary.9
The Minister of International Relations may perform treaty-related acts without
producing full powers because foreign ministers represent their states by virtue of
office under article 7(2)(a) of the Vienna Convention.10
The instrument must clearly state Bankoka‟s intention to become legally bound by
the ICCPR.11 The Covenant will enter into force for Bankoka three months after the
instrument of accession is deposited, as required by article 49(2). 12 Bankoka will
then be required to perform the Covenant in good faith under the principle pacta sunt
servanda.13 Budget limitations and inadequate prison infrastructure will not ordinarily
excuse non-performance because article 27 of the Vienna Convention prevents a
state from relying on internal law to justify failure to perform a treaty.14
2.2 Proposed Reservation
Article 2(1)(d) of the Vienna Convention defines a reservation as a unilateral
statement made when signing, ratifying, accepting, approving or acceding to a treaty,
through which a state seeks to exclude or modify the legal effect of particular
provisions.15 Bankoka‟s statement would be a reservation because it seeks to modify
7
Vienna Convention (n 1) art 11.
8
ICCPR (n 3) art 48(3).
9
ibid art 48(4).
10
Vienna Convention (n 1) art 7(2)(a).
11
Strydom (n 6) 98–99.
12
ICCPR (n 3) art 49(2).
13
Vienna Convention (n 1) art 26.
14
ibid art 27.
15
ibid art 2(1)(d).
