The end of the preamble and the beginning of the agreement itself are often indicated by the words « have agreed as follows ». The General Assembly established an ad hoc committee in 2001 to negotiate an agreement. The first meeting was held in August 2002 and drafting of the text began in May 2004. In August 2006, the Committee reached agreement on the text. Delegates to the Ad Hoc Committee represented NGOs, Governments, national human rights institutes and international organizations. It was the first time that NGOs had been actively involved in the elaboration of a human rights instrument. Supreme international law also establishes the obligations that arise when a State commits a serious breach of international law. These obligations are triggered when the serious breach constitutes a breach of a peremptory rule of general international law. Peremptorical norms are norms that are accepted and recognized by the international community as a norm from which no derogation is permitted and which can only be modified by a subsequent norm of general international law of the same character. Contracts are not necessarily permanently binding on the signatory parties. Since obligations under international law are traditionally considered to arise only with the consent of States, many treaties expressly allow a State to withdraw as long as it follows certain notification procedures. For example, the Single Convention on Narcotic Drugs provides that the contract terminates if, as a result of terminations, the number of parties falls below 40. Many treaties explicitly prohibit withdrawal.

Article 56 of the Vienna Convention on the Law of Treaties provides that if a treaty is silent as to whether or not it can be terminated, there is a rebuttable presumption that it cannot be terminated unilaterally, unless States have legal responsibilities both to other States and to individuals under various sources of international law. to whom States are responsible. Australian treaties generally fall into the following categories: extradition, postal agreements and warrants, trade and international conventions. An essential part of the treaty conception is that the signing of a treaty implies the recognition that the other party is a sovereign State and that the agreement in question is enforceable under international law. Therefore, nations can be very cautious when it comes to calling an agreement a treaty. For example, in the United States, interstate agreements are pacts, and agreements between states and the federal government or between government agencies are declarations of intent. Since its establishment, the Ad Hoc Committee has held eight meetings. At its first two meetings in 2002 and 2003, the Committee considered the possibility of elaborating an international instrument on the rights of persons with disabilities and considered the nature of that instrument and the elements to be included. At its second meeting, the Ad Hoc Committee established a working group to prepare a draft text of the convention. The working group, composed of government representatives and NGOs, met in January 2004 and prepared a text for negotiations.

At its third, fourth, fifth, sixth, seventh and eighth sessions, the Ad Hoc Committee continued its negotiations. The text of the Convention was finalised by the ad hoc committee on 26 August 2006. The Convention calls for the « gradual implementation » of most of its provisions according to the resources of each country. Some measures will require money, and for countries where resources are scarce, it is hoped that international assistance, which has neglected the needs of people with disabilities, will help. The consent of a party to a contract is void if it has been given by an agent or entity authorized to do so under the national laws of that State. States are reluctant to investigate the internal affairs and processes of other States, and therefore, a « manifest violation » is necessary for it to be « objectively obvious to any State dealing with the issue ». .