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Chapter 23: Drafting and Final Clauses

Chapter 23: Drafting and Final Clauses

pp. 415-447

Authors

, Formerly Legal Counsellor, Foreign, Commonwealth and Development Office, London
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Extract

The chapter gives advice on how to draft a treaty, an exchange of notes or a non-legally binding instrument. It goes through all the main components of a treaty text, including the name, preamble, main text, final clauses and testimonium. It covers the drafting of provisions concerning signature, ratification, entry into force and provisional application. It highlights the special considerations which apply to an exchange of notes or letters, including the procedures involved. The second part of the chapter gives practical advice on certain basic drafting techniques.

Keywords

  • drafting
  • treaty
  • exchange of notes
  • exchange of letters
  • non-legally binding instrument
  • title
  • final clauses
  • testimonium
  • annex
  • drafting technique

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