State is the moment the treaty actually becomes legally binding on it. The
treaty does not enter into force immediately; it usually takes some time, as
specified in the treaty.
Entry into force
Entry into force of a treaty is the moment when a treaty becomes legally
binding on its parties. The provisions of the treaty determine the moment of
its entry into force, usually after a month or so. There are two types of entry
into force: definitive entry into force of the treaty as an international legal
instrument; and specific entry into force for a particular State.
• Definitive entry into force
Definitive entry into force is when a new treaty becomes a legally binding
instrument for those States that have already expressed their consent to
be bound by its provisions. Most treaties stipulate that they will enter into
force after a specified number of instruments of ratification, approval, acceptance or accession have been deposited with the Secretary-General.
Until that date, the treaty cannot legally bind any State, even those that
have ratified or acceded to it (although they are obliged to refrain in
good faith from acts that would defeat its object and purpose).
• Entry into force for a State
Once a treaty has entered into force generally, additional provisions
determine when the treaty will enter into force for any other State (or
regional integration organization) that wishes to be bound by it.
Dates
Consequently, there may be several dates attached to a treaty in relation to
a given State:
Date of definitive entry into force of the treaty: the date, set in the treaty, at
which the treaty enters generally into force in international law and becomes
binding on States that have already taken the necessary measures.
Date of signature: the date on which a State signs the treaty. This has no
legal effect other than to oblige the State to refrain from actions that would
defeat the object and purpose of the treaty.
Date of deposit of instrument of ratification or accession: the date on which
the United Nations treaty depositary receives the legal instrument that expresses the State’s consent to be bound by the treaty.
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