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条约法下Signature ad referendum与Signature的区别

Posted on November 17, 2022

    Signature ad referendum(暂签)

    Where the signature is subject to ratification, acceptance or approval, the signature does not establish the consent to be bound. However, it is a means of authentication and expresses the willingness of the signatory state to continue the treaty-making process. The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It representative may sign a treaty “ad referendum”, i.e., under the condition that the signature is confirmed by his state. In this case, the signature becomes definitive once it is confirmed by the responsible organ. [Art.12 (2) (b), Vienna Convention on the Law of Treaties 1969]

    Signature Subject to Ratification, Acceptance or Approval

    Where the signature is subject to ratification, acceptance or approval, the signature does not establish the consent to be bound. However, it is a means of authentication and expresses the willingness of the signatory state to continue the treaty-making process. The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from acts that would defeat the object and the purpose of the treaty. [Arts.10 and 18, Vienna Convention on the Law of Treaties 1969]

    Ratification

    A reservation is a declaration made by a state by which it purports to exclude or alter the legal effect of certain provisions of the treaty in their application to that state. A reservation enables a state to accept a multilateral treaty as a whole by giving it the possibility not to apply certain provisions with which it does not want to comply. Reservations can be made when the treaty is signed, ratified, accepted, approved or acceded to. Reservations must not be incompatible with the object and the purpose of the treaty. Furthermore, a treaty might prohibit reservations or only allow for certain reservations to be made. [Arts.2 (1) (d) and 19-23, Vienna Convention of the Law of Treaties 1969]

    总结

    1、Confirmed by the responsible organ后Signature ad referendum变成Signature 2、暂签是签约的一个前置程序,但非必需 3、解释: 有时候外交官还没有拿到本国相关机构的批准,所以先自己签名,此时没有对于国家的效力,等国家授权以后才相当于国家签署。国家签署了以后,此文件的有关目标和宗旨的条款对国家就有约束力了。然后继续进行,比方说我国的话,等全国人大表决通过此条约以后,此条约中我国接受的明细条款对我国产生效力。

    参考:https://treaties.un.org/pages/Overview.aspx?path=overview/glossary/page1_en.xml