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Entry into force

Entry into force refers to the moment at which a treaty or other international agreement becomes legally binding on the states or parties that have expressed their consent to be bound by it, typically following signature, ratification, or accession by a required number of participants as specified in the instrument itself.^[1] This process ensures that the obligations and rights outlined in the agreement take effect only after these formalities are completed, preventing premature enforcement.^[2] In the framework of international law, the Vienna Convention on the Law of Treaties (1969) provides the primary codification of this concept. Article 24 stipulates that a treaty enters into force in the manner and upon the date it may provide or as the negotiating states agree; in the absence of such provisions, it enters into force as soon as all negotiating states have established their consent to be bound.^[2] For a state that consents after the treaty's initial entry into force, the treaty applies to that state on the date of its consent, unless otherwise specified.^[2] This mechanism allows treaties to bind only consenting parties while facilitating multilateral cooperation on issues such as human rights, trade, and environmental protection.^[1] Beyond treaties, the term "entry into force" applies to various legal instruments, including domestic legislation and regional acts. In the European Union, for instance, an act enters into force on the date it specifies or, if none is given, the twentieth day following its publication in the Official Journal.^[3] Similarly, national laws often include provisions designating an effective date, after which they impose enforceable rights and obligations, distinguishing entry into force from mere adoption or publication.^[4] This broader usage underscores the term's role in demarcating the transition from negotiation or enactment to practical legal operation across jurisdictions.^[5]

General Concepts

Definition and Scope

Entry into force denotes the precise moment when a legal instrument—whether an international treaty, domestic statute, constitution, or organizational charter—transitions from a stage of negotiation, adoption, or approval to becoming fully binding and enforceable upon its parties or subjects, thereby initiating its operational effects. This pivotal point shifts the instrument from provisional status to active application, compelling compliance and conferring associated rights and duties. In international law, for instance, it occurs in the manner and on the date specified by the treaty or agreed upon by negotiating states, or, absent such provisions, upon consent to be bound by all negotiating states.^[2]^[1] The concept is distinct from preceding sequential stages in the instrument's lifecycle. Adoption involves the consensus on the final text of the instrument, often through negotiation or voting at a conference, but does not impose binding obligations. Ratification or accession follows as the formal expression of consent to be bound, typically requiring domestic approval processes, yet it alone does not activate the instrument. Entry into force requires the fulfillment of additional conditions, such as a minimum number of ratifications or a specified timeframe, marking the culmination of these preparatory phases.^[2]^[1] The scope of entry into force is broad, encompassing diverse legal domains beyond international agreements. In domestic contexts, statutes enter into force on the date of enactment, royal assent, or as explicitly stated within the legislation itself, rendering them applicable within the jurisdiction. Similarly, constitutions and charters, such as the United Nations Charter which entered into force on 24 October 1945 following ratification by the required number of signatories, become operative upon meeting ratification thresholds or designated dates, ending any interim provisional arrangements. This universality underscores entry into force as the endpoint of preparatory periods across public international law, municipal legislation, and institutional frameworks.^[6]^[7]^[8] Historically, the practice of entry into force evolved from customary international law in the 19th century, when multilateral treaties began to stipulate conditions like the exchange of ratifications for activation, reflecting the era's growing emphasis on formalized state consent amid expanding diplomatic relations. This customary approach was later codified in modern international law through Article 24 of the 1969 Vienna Convention on the Law of Treaties, which provides a comprehensive framework applicable to treaties concluded after its own entry into force on 27 January 1980. The key legal effects include the immediate triggering of substantive obligations under the principle of pacta sunt servanda, the establishment of enforceable rights, and the determination of temporal application—typically prospective from the entry date, though treaties may provide for retroactivity in limited circumstances.^[9]^[2]

Prerequisites and Conditions

The entry into force of legal instruments, whether international or domestic, typically requires the fulfillment of specific prerequisites that establish binding consent among the relevant parties. In the international context, common prerequisites include the expression of consent to be bound through mechanisms such as signature, ratification, acceptance, approval, accession, or any other agreed means, often requiring a minimum number of states to participate for multilateral instruments.^[2] These acts formalize a state's commitment, with ratification or accession instruments usually deposited with a designated custodian to confirm adherence.^[10] Domestically, similar prerequisites involve internal approvals, such as legislative consent or executive assent, to ensure the instrument aligns with national constitutional requirements before it gains legal effect.^[11] Time-based conditions further delineate when an instrument becomes operative, providing a grace period for preparations or notifications. These may include fixed dates stipulated in the instrument, a specified period after fulfillment of consent requirements—commonly 30 to 90 days post-ratification or deposit—or triggers linked to additional factors like the resolution of reservations.^[10] For instance, entry into force might occur upon the deposit of the requisite number of instruments, followed by an elapsed interval to allow states to adjust internally. Reservations, if permissible, can condition full application but do not inherently delay overall entry unless explicitly tied to acceptance by other parties.^[2] Provisional application serves as an interim mechanism, creating binding effects for all or part of an instrument before definitive entry into force, provided the instrument itself allows it or negotiating parties agree otherwise. This approach enables immediate implementation of key provisions while final consents are secured, though it remains terminable by a state upon notification of intent not to become a full party.^[2] Such provisional arrangements are particularly useful in urgent multilateral contexts, bridging the gap between negotiation and full operability without preempting formal conditions.^[10] Depositaries play a crucial role in overseeing these processes, acting as impartial custodians—often the United Nations Secretary-General for multilateral treaties—to receive instruments, verify compliance, and issue notifications confirming when prerequisites are met. Their functions include informing entitled states of the receipt of required signatures or ratifications, thereby triggering time-based countdowns or other conditions for entry into force.^[2] This notification ensures transparency and coordination among parties, preventing disputes over fulfillment timelines.^[10] If prerequisites or conditions remain unmet, entry into force is indefinitely postponed, leaving the instrument in a non-binding state until the thresholds are achieved or alternative agreements are reached; some instruments include termination clauses if delays persist beyond a defined period, though this varies by specific provisions.^[10] In such scenarios, states retain obligations to refrain from acts undermining the instrument's object and purpose during the interim phase.^[2]

International Applications

Treaties

In international law, the entry into force of treaties marks the point at which the obligations and rights outlined in the agreement become legally binding on the parties involved.^[2] This process is governed primarily by the provisions of the treaty itself, supplemented by customary international law and the Vienna Convention on the Law of Treaties (VCLT) of 1969, which codifies standard procedures for treaty conclusion and activation.^[12] For bilateral treaties, entry into force typically occurs upon the exchange of instruments of ratification between the two states, confirming their mutual consent to be bound, or on a specified date following signature if the treaty so stipulates.^[13] This exchange ensures that both parties have completed their domestic approval processes before the treaty takes effect. Multilateral treaties, involving multiple states, often require ratification by a predetermined number of parties to enter into force, reflecting the need for sufficient collective commitment to ensure viability.^[14] For instance, many United Nations conventions specify a threshold of around 20 ratifications, while others set higher bars tailored to the treaty's scope. The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982, exemplifies this by requiring 60 ratifications or accessions before entering into force 12 months later, a condition met in 1994.^[15] Such thresholds prevent premature activation and promote broad participation. Article 24 of the VCLT outlines the core procedures for entry into force, stating that a treaty enters into force in the manner and upon the date it may provide or as the negotiating States may agree; failing any such provision or agreement, it enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States.^[2] This allows for flexibility, including simplified procedures where consent is expressed via signature alone if the treaty permits, contrasting with full ratification that involves formal domestic approval and instrument exchange. Reservations, addressed in Article 20, further influence this process: while a state's objection to another's reservation does not automatically prevent the treaty's overall entry into force, it may preclude binding effects between the objecting and reserving states unless the treaty specifies otherwise.^[2] Treaty depositaries, often designated by the negotiating states or an international organization like the United Nations, play a crucial role in facilitating notification and publication upon entry into force.^[16] They receive instruments of ratification, verify compliance with formal requirements, issue official notifications to all parties announcing the activation date, and publish the treaty status for transparency.^[17] This impartial function ensures orderly implementation and records the treaty's evolution. Prominent examples illustrate both successes and challenges in treaty activation. The Kyoto Protocol, adopted in 1997 as a multilateral climate agreement, entered into force on February 16, 2005, 90 days after ratification by at least 55 parties to the UN Framework Convention on Climate Change, including Annex I countries accounting for 55% of 1990 carbon dioxide emissions—a threshold reached after years of diplomatic efforts.^[18] Such delays, common in climate accords due to political and economic hurdles, highlight how stringent conditions can prolong entry into force, sometimes by over a decade, underscoring the balance between inclusivity and urgency in global pacts.^[19]

Customary and Other Instruments

Customary international law emerges as a source of international obligations through the establishment of two essential elements: a general practice accepted as law, comprising consistent state conduct, and opinio juris, the belief that such practice is legally required.^[20] Unlike treaties, customary law lacks a formal entry into force date; it binds states once these elements are sufficiently widespread, representative, and consistent, typically evidenced over time through diplomatic actions, official statements, and judicial decisions. For instance, the prohibition of genocide became a norm of customary international law following the 1948 Genocide Convention, as affirmed by the International Court of Justice (ICJ), binding all states regardless of ratification due to universal acceptance and practice. United Nations General Assembly (UNGA) resolutions, while generally non-binding, play a significant role in the formation and clarification of customary international law by evidencing opinio juris or reflecting state practice.^[20] Repeated adoption of such resolutions can contribute to the crystallization of norms, particularly when they declare existing custom or influence state behavior, as seen in the ICJ's reliance on UNGA resolutions in the Nicaragua case (1986) to identify rules on non-use of force. Their declaratory effect strengthens over time through consistent invocation in international forums, though they do not independently trigger entry into force without supporting practice.^[20] Other instruments, such as regional charters or standards from specialized organizations, may enter into force through mechanisms like collective ratification thresholds, bridging formal and informal sources of international law. The Constitutive Act of the African Union, adopted in 2000, entered into force on May 26, 2001, thirty days after ratification by two-thirds of the Organization of African Unity's member states (36 out of 53), thereby establishing binding obligations for the union's framework without relying solely on universal custom.^[21] Similarly, International Labour Organization (ILO) conventions often reflect or contribute to customary norms on labor standards, gaining force upon ratification by member states, though their broader acceptance can evidence evolving custom in areas like fundamental rights at work. Evidentiary thresholds for customary law require demonstration of general practice through diverse sources, as articulated in ICJ jurisprudence. In the *North Sea Continental Shelf* cases (1969), the ICJ emphasized that for a rule to qualify as custom, state practice must be both extensive and uniform, accompanied by opinio juris, rejecting the equidistance principle as customary due to insufficient evidence at the time. Such proof often draws from treaties as indicative practice, national legislation, and international decisions, with the burden on claimants to show no persistent objectors among relevant states.^[20] The evolution of customary norms over time highlights their dynamic nature, particularly for emerging areas without treaty frameworks. In cyberspace, norms such as state sovereignty and non-intervention are increasingly viewed as customary through accumulating state practice and endorsements in UN Group of Governmental Experts reports, though full crystallization remains ongoing as digital threats prompt consistent behavioral patterns and legal assertions. This process underscores how custom adapts via opinio juris from resolutions and bilateral agreements, entering into force incrementally as acceptance broadens.^[20]

Domestic Applications

Legislation

In domestic legislative processes, statutes typically enter into force following enactment by the legislature and subsequent executive assent, such as royal assent in parliamentary systems.^[7] This assent marks the bill's transformation into an act, after which the law may take effect immediately on the date of assent, on a fixed future date, by proclamation or order in council, or under a default provision if unspecified.^[22] For instance, in certain systems, a default period of 28 days after assent applies to ensure preparation time.^[23] Commencement clauses within the statute text provide explicit mechanisms for determining the timing of entry into force, allowing for flexibility beyond the standard process. These clauses may specify immediate effect upon assent, a designated calendar date, or staggered implementation, such as partial entry where individual sections or provisions activate at different times to accommodate phased rollout.^[22] Conditional commencement is also common, tying effectiveness to external events like the proclamation of another statute or administrative milestones, which enables tailored application without uniform delays across the entire act.^[24] Publication in an official gazette or registry often serves as a prerequisite or trigger for entry into force, ensuring public notice and accessibility.^[22] In systems involving supranational obligations, such as the transposition of EU directives into national law, member states must publish implementing legislation by specified deadlines—typically two years from adoption—to activate the measures, with failure risking infringement proceedings.^[25] Legislation generally operates prospectively, applying only to future events after entry into force, with retroactive application disfavored and permitted only in rare cases where expressly stated, such as for procedural adjustments or emergency responses to unforeseen crises.^[26] This principle upholds fairness by avoiding disruption to settled expectations, limiting retroactivity to non-substantive matters unless justified by exceptional circumstances like national security imperatives.^[27] Delays in entry into force may arise from practical considerations, including administrative unreadiness for implementation, and are managed through deferred commencement dates or orders postponing activation until resources and infrastructure align.^[22] Amendments enacted prior to commencement integrate into the original statute, potentially altering its timing or scope upon eventual entry, while post-commencement changes typically apply prospectively unless specified otherwise.^[28]

Constitutions and Charters

The adoption of constitutions typically involves mechanisms such as referendums for public approval, constitutional conventions to draft the document, or legislative supermajorities to ensure broad consensus, with entry into force occurring upon official certification by a court or proclamation by the head of state.^[29] These processes distinguish constitutions from ordinary legislation due to their foundational role and the need for widespread legitimacy. For instance, referendums have been used in cases like the 1958 Constitution of France, where public vote confirmed ratification on September 28, 1958,^[30] while conventions, as in the 1787 U.S. Federal Convention, allow delegates to create a new framework despite initial constraints.^[29] Supermajorities, such as Hungary's two-thirds parliamentary requirement, further safeguard against hasty changes.^[29] Historical examples illustrate these mechanisms in practice. The U.S. Constitution was drafted by a convention in 1787 and entered into force on March 4, 1789, after ratification by nine states, with New Hampshire becoming the ninth on June 21, 1788.^[31] Similarly, South Africa's 1996 Constitution followed an interim phase under the 1993 document; it was adopted by the Constitutional Assembly on May 8, 1996, certified by the Constitutional Court, assented to by the President on December 10, 1996, and entered into force on February 4, 1997, with certain fiscal provisions commencing January 1, 1998.^[32] Transitional provisions often feature in constitution-making to bridge interim frameworks to permanent ones, specifying durations for implementation and ensuring continuity. Interim constitutions, as temporary instruments, enter into force immediately to stabilize post-conflict or transitional governance, providing a platform for negotiating the final version.^[33] In South Africa, the 1993 interim constitution established 34 principles and a two-year timeline for the Constitutional Assembly to produce the final document, facilitating a Government of National Unity during the shift.^[33] Schedule 6 of the 1996 Constitution outlined these arrangements, including the continuation of existing laws until repealed.^[32] Amendments to constitutions generally follow distinct processes that parallel the original adoption requirements, emphasizing supermajorities for ratification. Under Article V of the U.S. Constitution, amendments are proposed by a two-thirds vote in both houses of Congress or by a convention called upon application from two-thirds of state legislatures, and they enter into force upon ratification by three-fourths of the states, either via legislatures or conventions as Congress directs.^[34] This mirrors the initial ratification's state-based approval, with restrictions such as no amendments affecting certain clauses before 1808 or depriving states of equal Senate suffrage without consent.^[34] Organizational charters, such as those for corporations or NGOs, enter into force upon approval by founding members and official filing, establishing governance rules akin to constitutional frameworks but at the entity level. For nonprofits, bylaws—detailing internal operations—are adopted by the initial board or members at the first meeting following incorporation and become effective immediately, subject to the certificate of formation.^[35] In the U.S., congressionally chartered nonprofits under Title 36 receive their charter through legislative act, effective upon passage, granting federal recognition for purposes like patriotic or educational activities.^[36] This approval process ensures the charter's enforceability from inception, much like a constitution's proclamation.

Jurisdictional Examples

Netherlands

In the Netherlands, the entry into force of treaties follows a structured process influenced by its civil law tradition and monist legal system. Treaties require prior approval by the States General, the bicameral parliament consisting of the House of Representatives and the Senate, before the government can proceed with ratification.^[37] Once approved, the instrument of ratification is deposited with the relevant international depositary, and the treaty text, along with details of its applicability, is published in the official Treaty Series known as the Tractatenblad. Under Article 93 of the Constitution, treaties and other international regulations become binding domestically upon publication, unless the treaty itself specifies a different date for entry into force. This publication ensures transparency and integration into the national legal order without needing further legislative transformation. For domestic legislation, the process emphasizes publication as a prerequisite for validity. Acts of Parliament, after adoption by the States General and royal assent, must be published in the Staatsblad, the official Bulletin of Acts, Orders, and Decrees, under the responsibility of the Minister of Justice. Article 88 of the Constitution mandates that such acts shall not enter into force prior to publication, with the specific date typically stipulated within the act itself to allow for administrative preparation and public awareness. While no uniform default period exists across all laws, many statutes set a delay of three months following publication to facilitate implementation, reflecting a balance between legislative efficiency and practical enforceability.^[38] Constitutional amendments adhere to a rigorous procedure to safeguard the fundamental framework. A bill to amend the Constitution is first passed by a simple majority in both houses of the States General, followed by dissolution of the House of Representatives and new elections. At the subsequent second reading, approval requires at least a two-thirds majority of votes cast in each house, after which the King provides royal assent. The amended text is then published by royal decree in the Staatsblad, entering into force immediately thereafter, as provided in Articles 137 through 139 of the Constitution. This immediate effect underscores the paramount status of constitutional changes once formalized.^[39] A distinctive feature of the Dutch system is its monist approach to international law, where ratified treaties gain direct applicability and precedence over conflicting domestic legislation upon entry into force, pursuant to Articles 93 and 94 of the Constitution. Courts routinely invoke treaties as self-executing norms, prioritizing them over national statutes without requiring implementing legislation. This is particularly evident in the integration of European Union law; EU treaties and regulations have direct effect in the Netherlands post-ratification, enabling individuals to rely on them before domestic courts, as established in the landmark 1963 Van Gend en Loos case before the Court of Justice of the European Communities.^[40]^[41]^[42] Historically, the 1983 revision of the Constitution exemplifies this process. Adopted by the required two-thirds majorities in both houses of the States General following the standard amendment procedure, the revised text received royal assent and was published in the Staatsblad on 17 February 1983, entering into force immediately and introducing expanded fundamental rights provisions while modernizing the document's structure.^[43]

United Kingdom

In the United Kingdom, the entry into force of international treaties follows a dualist approach, where ratification occurs through the exercise of the Crown's prerogative powers after parliamentary scrutiny under the Constitutional Reform and Governance Act 2010 (CRaG). Once ratified, a treaty enters into force for the UK according to its specific terms, such as upon deposit of the instrument of ratification with the relevant depositary or after an agreed waiting period, and it is subsequently published in the Treaty Series as a Command Paper to notify the public and ensure transparency.^[44] This process underscores the UK's common law tradition, emphasizing parliamentary sovereignty in implementing treaty obligations through domestic legislation where necessary.^[45] For domestic legislation, entry into force is primarily triggered by Royal Assent, granted by the monarch on the advice of ministers, after a bill has passed both Houses of Parliament.^[46] Acts may specify a commencement date within their text, commence via subordinate legislation such as a commencement order or proclamation by the monarch, or, in the absence of such provisions, take effect at midnight at the end of the day of Royal Assent.^[47] A notable example is the Human Rights Act 1998, which received Royal Assent on 9 November 1998 but entered into force on 2 October 2000 through a commencement order, allowing time for preparation and alignment with the European Convention on Human Rights.^[48] Devolution introduces regional variations in entry into force for matters within the competence of the Scottish Parliament, Northern Ireland Assembly, and Senedd Cymru (Welsh Parliament), reflecting the UK's asymmetrical federal structure established by the Scotland Act 1998, Northern Ireland Act 1998, and Government of Wales Act 2006. In Scotland, Acts of the Scottish Parliament receive Royal Assent and commence according to provisions similar to Westminster legislation, often via Scottish statutory instruments for phased implementation of devolved policies like health or education.^[49] Northern Ireland follows a comparable process, with the Secretary of State granting Royal Assent to Assembly Acts, and commencement orders handling devolved areas such as justice or agriculture, ensuring alignment with the Good Friday Agreement's power-sharing framework.^[50] These mechanisms allow for tailored timelines that respect regional autonomy while maintaining overall UK coherence. The UK's unwritten constitution relies on conventions and statutes rather than a single codified document, shaping entry into force through established practices like the Ponsonby Rule (now codified in CRaG), which requires treaties to be laid before Parliament for 21 sitting days before ratification.^[51] For instance, the European Union (Withdrawal) Act 2018 exemplified phased entry, with core provisions commencing on "exit day" (31 January 2020) and further elements, including retained EU law, becoming effective on "IP completion day" (31 December 2020) via multiple commencement regulations to manage the transition from EU membership.^[52] Post-Brexit, adjustments to treaty entry practices have focused on integrating retained EU law into the domestic framework, with such law entering into force as UK law on 31 December 2020, subject to subsequent reforms under the Retained EU Law (Revocation and Reform) Act 2023, which ended the supremacy of EU law and enabled easier domestic amendment from 1 January 2024.^[53] This evolution maintains the dualist separation between international obligations and internal law, adapting common law principles to the post-EU landscape.^[54]

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Retained EU law and assimilated law dashboard - GOV.UK
On 29 June 2023 the Retained EU Law (Revocation and Reform) Bill 2023 received Royal Assent. Under the ' REUL Act', REUL which had not been revoked by the end ...