Where is R2P grounded in international law? Anne-Marie Judson A ...

authenticate the text so that when the consent is given freely it binds the state to the
treaty in question. The person is seen as legitimate when they act in a position of
authority. This may include heads of State, heads of government, ministers for foreign
affairs, heads of diplomatic missions and representatives accredited by states to an
international conference or organization for the purpose of adopting the text of a
treaty. 159 When the state is engaged in the process of clarifying its obligations and
responsibilities it has an opportunity to exclude or modify the legal effect on the state
by expressing a reservation to the treaty provisions in question. 160 The consent of the
state to be bound by a treaty may be expressed by signature, 161 exchange of
instruments 162 constituting a treaty ratification 163 , acceptance, approval, accession 164
or by any other means, 165 if so agreed. Some treaties provide options for only partial
agreement. 166
However all parties agree to refrain from any actions that would defeat the object and
purpose of the treaty as a whole, 167 in addition to this, adoption of the text of a treaty
does not take place until two thirds of the state parties at the convention accept its
provisions. 168 This illustrates that provisions have been put in place to eliminate any
grounds for failure to comply with the treaty in question that the state will be bound to
in international law. It is clear that reservations to a treaty may be made providing
that they do not prohibit the treaty in any way. 169 Consequently in this case some
reservations may modify the relationship between states. Where a reservation is
established and particular provisions are modified it may modify the relationship
159 See Articles 5, 7.a and 7.b, and 7.2, VCLT
160 See Articles 2(1) c and 2(1) d, VCLT
161 Article 12.1 a, treaty provides that signature should have that effect or 12.1 b, the states
agreed to give that effect to signature or 12.1 c, it is the intention of the state to give that effect.
162 Article 13 a, exchange shall have that effect, or 13 b, it is otherwise established that those
states agreed that exchange of instruments should have that effect. VCLT
163 Article 14(1) a, consent to be expressed by ratification or 14(1) b, the negotiating state
agreed that it should be required or article 14(1) c, the representative signs the agreement
subject to ratification, VCLT
164 Article (15) a, b, c, VCLT
165 Article 16 provides for instruments, ratification, acceptance, approval or accession to
establish consent as well as their exchange, depository or notification as agreed, VCLT
166 Article 17 (1) VCLT
167 Article 18(a), 18(b), and article 19 (c) VCLT
168 Articles 9 (1) and 9 (2) VCLT
169 Article 19 (1), VCLT
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