INTRODUCTION

The measures that are necessary to make a treaty effective in the domestic legal sphere vary depending on the respective constitutional system. Some countries, such as the United Kingdom, require legislation to incorporate treaties into their domestic law. In other countries, such as the United States, treaties that have been duly promulgated internally may be applied in principle. But even in countries where treaties are susceptible of direct application, implementing legislation may be necessary. Especially in areas of the law where there is detailed domestic legislation, it is often necessary to bring this legislation into line with treaty obligations. The law governing arbitration is such an area.

Art. 69 deals with the duty of States parties to the Convention to take the measures necessary in their domestic law to carry out their obligations under the Convention. Art. 69 does not address the possibility of giving consent to jurisdiction under Art. 25. Consent to jurisdiction may be offered through the host State's legislation (see Art. 25, paras. 392–426). But consent to jurisdiction is voluntary and there is no obligation of a Contracting State to give it (see Art. 25, paras. 374–377). While an offer of consent through a State's legislation would make the Convention more effective, this type of legislation is not necessary to carry out the obligations under the Convention in the Sense of Art. 69.