Palestine & the Convention on the Elimination of All Forms of Discrimination against Women: Implications of Ratification
of international law within international treaties. It grants States the right
to sign, accede or ratify international conventions. CEDAW is compliant in
this way and thus allows for all States to sign, ratify and accede to it with
no restrictions.
The Vienna Convention differentiates between signing, ratification and
accession to the convention, as each of these acts has its own specific legal
implication. For example, a diplomatic representative or a member of the
government of the State expressing its principled position should conduct
the signing of international conventions. The consent of a State to be
bound by a treaty is to be expressed by the signature of its representative
or a member of its government. The signing of a convention shall not have
a binding effect unless the document also provides that the signature
shall have that effect; it is otherwise established that the negotiating
States agree that the signing should have that effect, or the intention of
the State to give that effect to the signing appears from the full powers
of its representative or was expressed during the negotiation. States can
also ratify and accede to conventions, and ratification is considered as an
expression by the State of its readiness to be bound by a treaty. A State
accedes to a treaty by expressing its consent to be bound by the treaty
after the negotiations if it is not among the negotiating States.
However, CEDAW does not include any provisions or have any indication
in respect to whether its signature is binding. It is subject to ratification
by States, and ratification instruments are deposited with the SecretaryGeneral of the United Nations. Meanwhile, it is open to accession by
all States. Accession shall be effected by depositing an instrument of
accession with the Secretary-General of the United Nations.
The Vienna Convention also provides for the dates of an international
treaty to be entered into force. It states “an international treaty enters into
force as soon as consent to be bound by the treaty has been established
for all the negotiating States. When the consent of a State to be bound
by a treaty is established on a date after the treaty has come into force,
the treaty enters into force for that State on that date, unless the treaty
otherwise provides.
CEDAW does provide that it is to enter into force on the thirtieth day
after the date of deposit with the Secretary-General of the United Nations
of the twentieth instrument of ratification or accession; for each State
ratifying or acceding to it after the deposit of the twentieth instrument
17