Accession

Definition

Accession refers to the process by which a state formally agrees to become a party to an international treaty or agreement. This usually involves the state depositing an instrument of accession with the appropriate authority, signaling its intent to be bound by the treaty's terms. Understanding accession is essential for navigating international law, as it determines how states can commit to legal obligations and the responsibilities that come with them.

5 Must Know Facts For Your Next Test

1. Accession can occur at any time after a treaty is open for signature, allowing states that did not sign initially to join later.
2. Once a state accedes to a treaty, it is legally obligated to adhere to its provisions just like any original signatory.
3. The process of accession typically requires the state to submit an instrument of accession to the depositary of the treaty.
4. Some treaties may have specific conditions regarding accession, such as requiring a minimum number of original signatories before others can join.
5. Accession is significant for international cooperation as it allows more states to participate in treaties that address global issues, such as climate change or human rights.

Review Questions

• How does accession differ from ratification in the context of international treaties?
  • Accession and ratification are related but distinct processes in international law. While ratification involves a state formally approving a treaty after signing it, usually requiring domestic legislative approval, accession allows a state to join a treaty after it has been opened for signature without needing to sign it first. This means that states can become parties to treaties even if they weren't involved in the initial negotiations or signing, thus expanding participation in international agreements.
• Discuss the importance of the instrument of accession and its role in international law.
  • The instrument of accession is crucial because it serves as the official documentation that a state submits to become a party to an international treaty. This document confirms the state's intent to be legally bound by the treaty's provisions and establishes its rights and obligations under international law. Without this instrument, a state's accession would lack legal effect, highlighting the significance of procedural formalities in maintaining order and accountability within international agreements.
• Evaluate the implications of accession for states in terms of international relations and cooperation.
  • Accession has far-reaching implications for states' international relations and cooperation. By joining treaties through accession, states can engage in collective action on global challenges such as climate change, trade regulations, and human rights issues. This enhances diplomatic relationships among states and can lead to increased collaboration on various initiatives. Moreover, accession signifies a commitment to adhere to international norms and laws, which can strengthen a state's credibility on the world stage and promote stability in international relations.

Related terms

ratification: Ratification is the formal approval of a treaty by a state, often requiring domestic legislative approval before it becomes legally binding.

signature: The act of signing a treaty signifies a state's intention to be bound by it, but does not create legal obligations until ratified or acceded.

protocol: A protocol is a supplementary agreement to a treaty that adds new provisions or modifies existing ones, often requiring separate accession or ratification.