Test: Treaties - CLAT PG MCQ

Accession is the process by which a state agrees to become a party to an existing treaty that it did not originally sign. This often happens when the treaty allows for such an addition or when the original negotiating states consent to the accession of a new party, thus expanding the treaty's applicability.

Extradition is not a method for expressing consent to a treaty. Instead, it refers to the legal process by which one state surrenders a suspected or convicted criminal to another state. Consent to a treaty can be expressed through signature, ratification, and accession, all of which are formal methods of agreeing to the treaty's terms.

"Full powers" are essential documents that validate a representative’s authority to negotiate and conclude treaties on behalf of a state. These documents ensure that the negotiator has been granted the necessary authority by their government, thereby legitimizing the negotiation process and the resulting treaty.

The first stage in the formation of a treaty is the accrediting of representatives. This involves appointing officials who will negotiate on behalf of their respective states, ensuring they have the authority to bind their countries to any agreements made during the negotiations.

The stage that typically follows the signature of a treaty is ratification. After the treaty is signed, it must be ratified by the respective states to become legally binding. This stage ensures that the treaty has been formally accepted by the states' governing bodies.

Ratification is the process where a treaty is confirmed by the competent authorities of a state, indicating that the state agrees to be bound by the terms of the treaty as negotiated. This stage is crucial as it ensures that the treaty has received the necessary approval from the government, making it legally binding.

The core principle of treaty law is "pacta sunt servanda," which means that agreements must be kept. This principle underscores the legal obligation that parties have to adhere to the terms of the treaties they enter into. It is foundational to international law, ensuring that states honor their commitments and maintain trust in international relations.

Ratification is a well-established method for a state to express its consent to be bound by a treaty. It involves the formal approval of the treaty by the state's competent authorities. This step is crucial as it confirms that the representative who negotiated the treaty had the authority to do so, and that the state is legally committed to the treaty's obligations.

"Full powers" documents serve to prove the authority of representatives to negotiate treaties on behalf of their states. These documents are essential in international law, as they ensure that the representatives are authorized to make binding commitments. Notably, certain high-ranking officials, such as heads of state and foreign ministers, may not need to present these documents, reflecting their inherent authority.

The "Signature" stage marks the formal closure of negotiations and involves affixing signatures on the final draft of the treaty. This is a critical step in the treaty-making process, as it signifies the parties' agreement to the terms of the treaty. A treaty generally comes into force upon signature unless the states specify that it is subject to ratification, which would require further approval before becoming legally binding.