5 - Making a New Treaty: Negotiation, Drafting and Production

Summary

The chapter addresses the phases in making a new treaty: negotiation, drafting and production of the text. It discusses how to prepare for treaty negotiations and how to influence the drafting effectively, differences in the making of multilateral and bilateral treaties, and identifying the main actors involved in negotiating and drafting a new treaty. It explains in detail how to structure a treaty text, including title, preamble, final clauses, testimonium, signature block. It then examines the process of preparing and producing a treaty text for signature, including adoption, translation, formatting, binding and sealing. At each stage the role of the Treaty Office is highlighted. The importance of Full Powers is explained, as well as how to produce them and when it is permissible to dispense with them. Lastly, the chapter provides useful checklists for Treaty Offices and depositaries in making new bilateral and multilateral treaties.