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We anxiously await the largest gathering tens of thousands of participants, including heads of State and Government, national delegates and leaders from non-governmental organisations (NGOs), businesses and other major groupings at the World Summit on Sustainable Development to be held in Johannesburg from 26th August to 4th September 2002. 

The summit will provide a unique opportunity for states to reaffirm their commitment to the principles of sustainable development reflected in Agenda 21 drawn up at the Rio de Janeiro conference held in Brazil and a range of carefully negotiated multilateral treaties. This summit will be more on progress achieved by governments in the implementation of Agenda 21 in which environment conventions are part of. International conventions and treaties have a major role to play in these international conferences especially due to their consensual nature.  The international legal principles carefully developed and incorporated in these treaties reflect humanity’s efforts to achieve economic advancement while ensuring that the environment will also be preserved for future generations. 

It is important and interesting to understand the process involved in the signing of international treaties and conventions. However it would be just as important to first of all understand the somewhat complex terminology used in these international treaties.

"Treaty" means an international agreement governed by international law and concluded in written form: Between one or more states and one or more international organisations or between international organisations 

"Ratification" means the international act so named whereby a state establishes on international plane its consent to be bound by a treaty.

"Act of formal confirmation" means an international act corresponding to that of ratification by a state, whereby an international organisation establishes on the international plane its consent to be bound by a treaty.

"Acceptance"," Approval" and "Accession" means in each case the international act so named whereby a state or an international organisation establishes on the international plane its consent to be bound by a treaty.

"Contracting state" and "contracting organisation," means respectively: A state on an international organisation, which has consented to be bound by the treaty, whether or not the treaty has entered into force.

Considering the importance of multilateral or bilateral treaties between states and international organisations as a means of developing international relations, the Vienna convention on the Law of Treaties between states and international organisations or between international organisations was formulated in 1986. Its purpose is to recognise the relationship between the law of treaties between states and international organisations or between international organisations. 

Convention process followed by Swaziland
The normal procedure followed by Swaziland in signing of conventions involves a request by the implementing ministry, which will be compiled into an instrument that will require approval by Government. A cabinet paper will then be prepared which will then await cabinets’ approval. This instrument will then be prepared for ratification, after ratification the ratified agreement may then be sent to the depositary. The depositary may be the United Nations secretary-general or if the treaty is one in which all SADC countries are to be involved in, then it will be deposited in Gaborone Botswana, which is the SADC headquarters.

It is important to note that international organisations as well as states posses the inherent capacity to conclude treaties, which is necessary for the exercise of their functions and fulfillment of their purposes.  Normally this is in accordance with their constituent instruments. The state or international organisations may express their interest in such treaties through their representatives. A person is considered as representing a state for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the state to be bound by a treaty if that person produces appropriate full powers. Heads of state, Heads of government and ministers for foreign affairs are recognised as having the necessary powers for the purpose of performing all acts relating to the conclusion of a treaty between one or more states and one or more international organisations. Additionally any representative accredited by the states, if it was the intention of the states and international organisations concerned to consider that person as representing the organisation for such purposes may proceed to conclude the treaty in accordance with the rules of the organisation, without having to produce full powers.

The adoption of the text of a treaty takes place by the consent of all the states and international organisations or as the case may be all the organisations participating in it’s drawing except.

The consent of a state or international organisation to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed, this will establish among other things the consent of a state to be bound by a treaty between one or more states and one or more organisations as soon as they deposit it with the depository or give notification to the contracting states and to the contracting organisations or to the depository.

A state or organisation may express consent to such treaty by means of accession. Accession comes into play when a country joins a group of countries after a treaty or convention comes into force. 

Communities should be at the forefront of the ratification process

It is important for civil society to understand the procedure followed when signing or ratifying conventions. These conventions have a direct impact on communities at grassroots level; hence, civil society should be at the forefront of lobbying government’s ratification process.