LCP4801
Assignment 2 Semester 2 2026
Due Date: 4 September 2026
BANKOKA’S PROPOSED RATIFICATION OF THE ICCPR SUBJECT TO A RESERVATION
TO ARTICLE 10(3)
1. Introduction
Bankoka is an independent state with international legal personality and therefore has the
capacity to conclude treaties.1 Since Bankoka did not sign the International Covenant on Civil
and Political Rights before the signature period closed, it should express its consent through
accession rather than ordinary ratification.1 Accession has the same international legal effect
as ratification and occurs when the state deposits an instrument of accession with the
designated depositary.1 The Minister of International Relations may perform treaty-related acts
without producing full powers because article 7(2)(a) of the Vienna Convention on the Law of
Treaties recognises foreign ministers as representatives of their states.1 However, the domestic
approval required by Bankoka’s constitution must still be completed before the instrument is
deposited.1
, BANKOKA’S PROPOSED RATIFICATION OF THE ICCPR SUBJECT TO A
RESERVATION TO ARTICLE 10(3)
1. Introduction
Bankoka is an independent state with international legal personality and therefore
has the capacity to conclude treaties.1 Since Bankoka did not sign the International
Covenant on Civil and Political Rights before the signature period closed, it should
express its consent through accession rather than ordinary ratification.2 Accession
has the same international legal effect as ratification and occurs when the state
deposits an instrument of accession with the designated depositary.3 The Minister of
International Relations may perform treaty-related acts without producing full powers
because article 7(2)(a) of the Vienna Convention on the Law of Treaties recognises
foreign ministers as representatives of their states.4 However, the domestic approval
required by Bankoka’s constitution must still be completed before the instrument is
deposited.5
The ICCPR permits accession under article 48, while the Secretary-General of the
United Nations serves as its depositary.6 Bankoka may therefore deposit an
instrument of accession containing a carefully drafted reservation to article 10(3).
The attached study material confirms that accession allows a state that was not an
original signatory to become a treaty party by depositing the required notice.
2. Consent to Be Bound by the ICCPR
2.1 Available methods of expressing consent
1 Vienna Convention on the Law of Treaties 1969, art 6.
2 International Covenant on Civil and Political Rights 1966, art 48(1).
3 Vienna Convention on the Law of Treaties 1969, arts 2(1)(b) and 15.
4 ibid art 7(2)(a).
5 Hennie Strydom (ed), International Law (OUP Southern Africa 2016) 69–71.
6 International Covenant on Civil and Political Rights 1966, art 48(4).
Assignment 2 Semester 2 2026
Due Date: 4 September 2026
BANKOKA’S PROPOSED RATIFICATION OF THE ICCPR SUBJECT TO A RESERVATION
TO ARTICLE 10(3)
1. Introduction
Bankoka is an independent state with international legal personality and therefore has the
capacity to conclude treaties.1 Since Bankoka did not sign the International Covenant on Civil
and Political Rights before the signature period closed, it should express its consent through
accession rather than ordinary ratification.1 Accession has the same international legal effect
as ratification and occurs when the state deposits an instrument of accession with the
designated depositary.1 The Minister of International Relations may perform treaty-related acts
without producing full powers because article 7(2)(a) of the Vienna Convention on the Law of
Treaties recognises foreign ministers as representatives of their states.1 However, the domestic
approval required by Bankoka’s constitution must still be completed before the instrument is
deposited.1
, BANKOKA’S PROPOSED RATIFICATION OF THE ICCPR SUBJECT TO A
RESERVATION TO ARTICLE 10(3)
1. Introduction
Bankoka is an independent state with international legal personality and therefore
has the capacity to conclude treaties.1 Since Bankoka did not sign the International
Covenant on Civil and Political Rights before the signature period closed, it should
express its consent through accession rather than ordinary ratification.2 Accession
has the same international legal effect as ratification and occurs when the state
deposits an instrument of accession with the designated depositary.3 The Minister of
International Relations may perform treaty-related acts without producing full powers
because article 7(2)(a) of the Vienna Convention on the Law of Treaties recognises
foreign ministers as representatives of their states.4 However, the domestic approval
required by Bankoka’s constitution must still be completed before the instrument is
deposited.5
The ICCPR permits accession under article 48, while the Secretary-General of the
United Nations serves as its depositary.6 Bankoka may therefore deposit an
instrument of accession containing a carefully drafted reservation to article 10(3).
The attached study material confirms that accession allows a state that was not an
original signatory to become a treaty party by depositing the required notice.
2. Consent to Be Bound by the ICCPR
2.1 Available methods of expressing consent
1 Vienna Convention on the Law of Treaties 1969, art 6.
2 International Covenant on Civil and Political Rights 1966, art 48(1).
3 Vienna Convention on the Law of Treaties 1969, arts 2(1)(b) and 15.
4 ibid art 7(2)(a).
5 Hennie Strydom (ed), International Law (OUP Southern Africa 2016) 69–71.
6 International Covenant on Civil and Political Rights 1966, art 48(4).
