unlike ratification, which must be preceded by signature to create binding
legal obligations under international law, accession requires only one step,
namely, the deposit of an instrument of accession.
The conditions under which accession may occur and the procedure involved depend on the provisions of the treaty. Accession is generally used
by States wishing to express their consent to be bound by a treaty for which
the deadline for signature has passed. However, many modern multilateral
treaties provide for accession even when the treaty remains open for signature.
Succession
Succession takes place only if a State, which is a party to a treaty, has undergone a major constitutional transformation which raises some doubt as
to whether the original expression of consent to be bound is still valid. Such
circumstances may include independence (for example, through decolonization), dissolution of a federation or union, and secession of a State or
entity from a State or federation. The successor State may ratify or accede
to the treaty in its own capacity or, alternatively, it may express its consent
to continue to be bound by the legal obligations assumed by the original
State party with respect to the same territory through an act of succession. In
such cases, the State will notify the
Why is the date of entry into
United Nations Secretary-General
force important?
of its intention to succeed to the legal obligations.
It is the date on which the rights set
out in the treaty become binding on
the State in international law. Anyone
wishing to bring a complaint against a
State party before a treaty body under
the terms of a treaty or optional protocol needs to make sure that the treaty
or optional protocol has entered into
force for that State. This date also determines when State parties must submit reports to the treaty bodies.
Distinction between
ratification/accession
and entry into force
The act by which a State (or, for
some treaties, also a regional integration organization, such as
the European Union) expresses its
consent to be bound by a treaty is
distinct from the treaty’s entry into
force. A State demonstrates its
willingness to undertake the legal
rights and obligations under a treaty through the deposit of an instrument of ratification, acceptance,
approval or accession. Entry into
force of a treaty with regard to a
How do I find out whether a
treaty is in force for a
particular State?
The definitive source is the United Nations Treaty Section, which maintains
a register of multilateral treaties deposited with the Secretary-General. Its
website is http://untreaty.un.org.
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