Abstract
Art 17 para 1 sets out the general rule that ratification must extend to the entire treaty, unless the treaty permits otherwise or the other contracting States so agree. Art 17 para 2 contains the corresponding rule that an expressly allowed choice between different treaty provisions should be made in a clear manner. The whole article is therefore designed to provide for clarity as to when and how partial consent to be bound by a treaty can be expressed. It is scarcely relevant in practice or jurisprudence and may be seen as one of the more superfluous provisions of the Convention.
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Notes
- 1.
Part XIII of the 1919 Treaty of Versailles, Part XIII of the 1919 Treaty of St-Germain-en-Laye, Part XII of the 1919 Treaty of Neuilly-sur-Seine, Part XIII of the 1920 Treaty of Trianon.
- 2.
According to Art 387 para 2 Treaty of Versailles, the original members of the League of Nations were also members of the ILO; moreover, according to the same provision, being admitted to the League at a later stage also conferred membership to the ILO.
- 3.
Hudson (1934), pp. 672–673.
- 4.
Resolution of Congress of 19 June 1934, 78 Congressional Record 12359, cited in full by Hudson (1934), pp. 669–670.
- 5.
Bastid (1985), p. 69 n 1.
- 6.
Art 38 of the 1949 Revised General Act for the Peaceful Settlement of International Disputes 71 UNTS 102; Art 34 of the 1957 European Convention on the Peaceful Settlement of International Disputes ETS 23.
- 7.
See eg Art 25 of the 1947 ILO Convention No 96 on Labour Inspection; for more ILO examples see Hilling (2011), Art 17 MN 5.
- 8.
Art 20 of the 1961 European Social Charter ETS 35; Arts A and B of the 1996 Revised European Social Charter ETS 163.
- 9.
[1962-II] YbILC 174 et seq.
- 10.
Final Draft, Commentary to Art 14, 201, para 1.
- 11.
Hilling (2011), Art 17 MN 8.
- 12.
Art 12 of the 1985 European Charter of Local Self-Government ETS 122.
- 13.
Art 2 of the 1992 European Charter on Regional and Minority Languages ETS 148, requiring the ratification of Part II on the protection of the language in question, while leaving a choice on Part III concerning the promotion of such languages.
- 14.
1999 Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties, UN Doc ST/LEG/7/Rev.1, para 146.
- 15.
ECJ Opinion 2/15 ECLI:EU:C:2017:376
- 16.
See for example Art 3 para 1 1st indent of Council Decision 2011/265/EU of 26 September 2010 on signature and provisional application of the EU-Korea Agreement, [2011] OJ L 127, 1 excluding from provisional application the Social Protocol and criminal aspects of IPR enforcement or Art 3 para 1 of Council Decision 2012/735/EU of 31 May 2012 on signature and provisional application of the EU-Peru/Colombia FTA, [2012] OJ L 354, 1, only excludes Art 2 (weapons of mass destruction), Art 202 para 1 (TRIPS) and Arts 291, 292 (geographical indications) of the agreement from provisional application.
- 17.
Elias (2012), pp. 86–87 pointing to a 1974 Memorandum of Understanding between the United States on the one hand and EURATOM and some of its Member States on the other hand concerning nuclear science and technology information. There, the United States agreed that it would receive information on the research carried out by EURATOM and some of its Member States, while it would for its part provide information ‘which would be beneficial’ to all members of EURATOM, including those that were not party to the Memorandum.
References
Bastid S (1985) Les traités dans la vie internationale – conclusion et effets. Economica, Paris
Elias O (2012) Who Can Make Treaties? International Organizations. In: Hollis DB (ed) The Oxford Guide to Treaties. OUP, Oxford, pp 73–92
Hilling C (2011) Article 17. In: Corten O, Klein P (eds) The Vienna Conventions on the Law of Treaties. OUP, Oxford, pp 362–366
Hudson MO (1934) The Membership of the United States in the International Labor Organization. AJIL 28:669–684
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Hoffmeister, F. (2018). Article 17. In: Dörr, O., Schmalenbach, K. (eds) Vienna Convention on the Law of Treaties. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-55160-8_19
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