Aust's Modern Treaty Law and Practice

This chapter examines both entry into force and provisional application. A treaty enters into force in such manner and on such date as may be specified in the treaty or as the negotiating states may agree. Ways include ratification (or an analogous procedure) by all or a minimum number of negotiating states; exchange of instruments of ratification; notification by each state of the completion of domestic procedures; on the date of a reply note in the case of an exchange of notes; or on a date specified in the treaty; or on signature only by all the negotiating states. There can be more complex provisions, particularly with treaties that amend a previous treaty. The ‘date of entry into force’ is analysed. States may also provisionally apply all or part of a treaty prior to entry into force, subject to their constitutional provisions. Where a treaty has been terminated, the parties or some of them can agree to revive it.