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There is a crucial difference between creating a treaty, expressing consent to be bound by it and bringing it into force. The focus of this chapter is on completing the process of consenting to be bound and bringing the treaty into force, once the decision to become a party has been taken and treaty officials are asked to prepare the documentation and take care of procedures. The process is examined at both the international and domestic levels. It concludes by considering the action needed immediately after entry into force, in particular publication of the treaty text and registration at the UN under Article 102 of the UN Charter.
The chapter concerns steps to consider in preparing to become party to a treaty. It examines the eligibility of States and IOs to participate in multilateral treaties, including scenarios in which eligibility to join a treaty is not clear and what procedures may be used to resolve such issues. The chapter explains the importance of understanding ‘modes of expressing consent to be bound’, and choosing the appropriate mode. It looks at how a treaty may be made by exchange of instruments. Lastly, the chapter considers internal preparations to give consent to be bound for States and IOs, including consultations with stakeholders.