Book contents
- Frontmatter
- Preface
- Contents
- List of Contributors
- Introduction
- Preamble
- Article 1 Object and Purpose
- Article 2 Scope
- Article 3 Ammunition/Munitions
- Article 4 Parts and Components
- Article 5 General Implementation
- Article 6 Prohibitions
- Article 7 Export and Export Assessment
- Article 8 Import
- Article 9 Transit or Trans-Shipment
- Article 10 Brokering
- Article 11 Diversion
- Article 12 Record Keeping
- Article 13 Reporting
- Article 14 Enforcement
- Article 15 International Cooperation
- Article 16 International Assistance
- Article 17 Conference of States Parties
- Article 18 Secretariat
- Article 19 Dispute Settlement
- Article 20 Amendments
- Article 21 Signature, Ratification, Acceptance, Approval or Accession
- Article 22 Entry into Force
- Article 23 Provisional Application
- Article 24 Duration and Withdrawal
- Article 25 Reservations
- Article 26 Relationship with Other International Agreements
- Article 27 Depositary
- Article 28 Authentic Texts
Article 21 - Signature, Ratification, Acceptance, Approval or Accession
Published online by Cambridge University Press: 10 December 2021
- Frontmatter
- Preface
- Contents
- List of Contributors
- Introduction
- Preamble
- Article 1 Object and Purpose
- Article 2 Scope
- Article 3 Ammunition/Munitions
- Article 4 Parts and Components
- Article 5 General Implementation
- Article 6 Prohibitions
- Article 7 Export and Export Assessment
- Article 8 Import
- Article 9 Transit or Trans-Shipment
- Article 10 Brokering
- Article 11 Diversion
- Article 12 Record Keeping
- Article 13 Reporting
- Article 14 Enforcement
- Article 15 International Cooperation
- Article 16 International Assistance
- Article 17 Conference of States Parties
- Article 18 Secretariat
- Article 19 Dispute Settlement
- Article 20 Amendments
- Article 21 Signature, Ratification, Acceptance, Approval or Accession
- Article 22 Entry into Force
- Article 23 Provisional Application
- Article 24 Duration and Withdrawal
- Article 25 Reservations
- Article 26 Relationship with Other International Agreements
- Article 27 Depositary
- Article 28 Authentic Texts
Summary
Article 21: Signature, Ratification, Acceptance, Approval or Accession
1. This Treaty shall be open for signature at the United Nations Headquarters in New York by all States from 3 June 2013 until its entry into force.
2. This Treaty is subject to ratification, acceptance or approval by each signatory State.
3. Following its entry into force, this Treaty shall be open for accession by any State that has not signed the Treaty.
4. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
INTRODUCTION
To become a party to a treaty, a State must express its consent to be bound by that treaty. Article 21 deals with the signature and the means of expressing consent to be bound to the Arms Trade Treaty (ATT). Article 21(1) follows the standard template on signature of international treaties, by establishing that it is open for signature until its entry into force. The Article’s second paragraph lists the types of expressions of consent to be bound by the Treaty: through signature, ratification, acceptance, approval or accession. Instruments of expression of consent are to be deposited with the Depositary.
SIGNATURE
The ATT was open for signature on 3 June 2013. In most cases, the signing of a multilateral treaty is regarded as a ‘simple’ signature: it does not commit a State to ratify a treaty, nor comply with its terms. However, simple signature does create some obligations. Article 18 of the Vienna Convention on the Law of Treaties (VCLT) provides that after a State has signed a treaty, it is obligated to ‘refrain from acts which would defeat the object and purpose’ of the treaty (VCLT, Art. 18). Also, upon signature of the ATT and pursuant to Article 23, a State may declare that it will provisionally apply Articles 6 (Prohibitions) and 7 (Export and Export Assessment) pending the entry into force of the Treaty.
In some cases, a treaty might provide for ‘definitive’ signature (VCLT, Art. 12), meaning that the treaty is not subject to ratification, acceptance or approval and by signature alone a State expresses its consent to be bound. This is not the case with the ATT.
- Type
- Chapter
- Information
- The Arms Trade TreatyWeapons and International Law, pp. 377 - 381Publisher: IntersentiaPrint publication year: 2021