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Legal Definitions - instrument of accession

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Definition of instrument of accession

An instrument of accession is a formal legal document used in international law. It signifies a country's official agreement to be bound by an existing international treaty or convention that it did not originally sign or ratify when the treaty was first created. By submitting this instrument, the country formally declares its consent to the treaty's terms and obligations, effectively becoming a party to it. This document is typically deposited with a designated international organization or a specific country acting as the treaty's depositary.

  • Example 1 (Environmental Protection): Imagine several countries created a treaty years ago to protect endangered migratory bird species across their borders. A new country, which was not involved in the initial negotiations, later realizes that many of these birds migrate through its territory. To join the existing treaty and participate in the conservation efforts, this new country would prepare an instrument of accession. By formally submitting this document to the treaty's designated depositary (perhaps the United Nations or a specific signatory country), it legally commits to upholding the treaty's provisions, such as establishing protected areas or regulating hunting, just like the original signatory nations.

  • Example 2 (Human Rights Convention): The "Convention on the Rights of the Child" is a widely adopted international human rights treaty. A nation that initially chose not to sign or ratify this convention might, years later, decide to align its domestic laws and policies with the convention's principles. To formally become a party to this existing treaty and accept its obligations to protect children's rights, that nation would draft and deposit an instrument of accession with the Secretary-General of the United Nations, who serves as the depositary for this convention. This act legally binds the nation to the convention's standards.

  • Example 3 (Regional Trade Agreement): Consider a regional economic community formed by several neighboring countries through a comprehensive trade and cooperation treaty. A nearby country, initially outside this bloc, observes the economic benefits and increased stability enjoyed by the member states. If this country wishes to join the existing economic community and benefit from its free trade agreements and shared policies, it would submit an instrument of accession to the community's governing body or designated depositary. This formal document would signify its commitment to abide by the existing treaty's economic, trade, and regulatory frameworks, making it a full member of the community.

Simple Definition

An instrument of accession is a formal legal document in international law where a state officially declares its consent to be bound by an existing treaty. This document is then exchanged with the other treaty parties or deposited with a designated international body or state.

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