Article 28 – Entry Into Force

The Parties to the Treaty are not bound by its terms until the Treaty enters into force. Article 24 of the Vienna Convention reiterates that the mode and moment a treaty enters into force depends upon the intention of the parties. Therefore, most treaties indicate that they will enter into force after a certain minimum number of States have ratified, even if other States have not.

Article 28.1 states that the Treaty will enter into force on the 90th day after the deposit of the fortieth instrument, provided that at least twenty of the instruments have been deposited by Members of FAO. The qualification that at least twenty FAO Members must have signified their formal consent to be bound by the Treaty reflects the fact that the Treaty has been adopted within the framework of the FAO Constitution. On 31 March 2004, 13 instruments (including the European Community) were deposited with the Director-General of FAO. This resulted in the Treaty having reached the required number of instruments (40), so that it entered into force on 29 June 2004.

According to Article 28.2, for each subsequent Contracting Party that ratifies, accepts or approves the Treaty or accedes to it, the Treaty shall enter into force, with respect that Party, ninety days after the deposit of their instrument of ratification, acceptance, approval or accession. This means that the Convention's obligations may take effect for different Parties at different times.

As of January 13, 2005, sixty-five instruments of ratification, acceptance, approval or accession have been deposited with the Director- General of FAO (see Appendix 1).

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