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Full powers is a document produced as evidence that the person named in it is authorised to represent their state in performing certain acts in relation to the conclusion of a treaty, in particular its signature. The production of full powers is a fundamental safeguard for other states that they are dealing with a person with the necessary authority. It should be distinguished from credentials which authorise a person to represent a state at an international conference, in an organisation, or in ordinary bilateral relations with another state. Full powers are not required for heads of state, heads of government and foreign ministers. Full powers may also be dispensed with by the states concerned if it appears from their practice or other circumstances that it was their intention to consider the person as representing the state for such purposes. A state may issue its permanent representative to an international organisation with general full powers, which gives authority for that person to sign treaties generally adopted within that organisation. The content and procedure for the issue of full powers is discussed.
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.
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