1969 – Vienna Convention on Treaties

April 24, 2009 by  
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Vienna Convention on Treaties 1969

VIENNA CONVENTION ON THE LAW OF TREATIES  SIGNED AT VIENNA 23 May 1969

ENTRY INTO FORCE: 27 January 1980

The States Parties to the present Convention  Considering the fundamental role of treaties in the history of  international relations,  Recognizing the ever-increasing importance of treaties as a source of  international law and as a means of developing peaceful co-operation among  nations, whatever their constitutional and social systems,  Noting that the principles of free consent and of good faith and the pacta  sunt servanda rule are universally recognized,  Affirming that disputes concerning treaties, like other international  disputes, should be settled by peaceful means and in conformity with the  principles of justice and international law,  Recalling the determination of the peoples of the United Nations to  establish conditions under which justice and respect for the obligations  arising from treaties can be maintained,  Having in mind the principles of international law embodied in the Charter  of the United Nations, such as the principles of the equal rights and  self-determination of peoples, of the sovereign equality and independence  of all States, of non-interference in the domestic affairs of States, of  the prohibition of the threat or use of force and of universal respect for,  and observance of, human rights and fundamental freedoms for all,  Believing that the codification and progressive development of the law of  treaties achieved in the present Convention will promote the purposes of  the United Nations set forth in the Charter, namely, the maintenance of  international peace and security, the development of friendly relations and  the achievement of co-operation among nations,  Affirming that the rules of customary international law will continue to  that State;   (b) the withdrawal of an objection to a reservation becomes operative  only when notice of it has been received by the State which  formulated the reservation.

Article 23  Procedure regarding reservations

1. A reservation, an express acceptance of a reservation and an objection  to a reservation must be formulated in writing and communicated to the  contracting States and other States entitled to become parties to the  treaty.

2. If formulated when signing the treaty subject to ratification,  acceptance or approval, a reservation must be formally confirmed by the  reserving State when expressing its consent to be bound by the treaty. In  such a case the reservation shall be considered as having been made on the  date of its confirmation.

3. An express acceptance of, or an objection to, a reservation made  previously to confirmation of the reservation does not itself require  confirmation.  4. The withdrawal of a reservation or of an objection to a reservation must  be formulated in writing.

SECTION 3. ENTRY INTO FORCE AND PROVISIONAL  APPLICATION OF TREATIES

Article 24  Entry into force

1. A treaty enters into force in such manner and upon such date as it may  provide or as the negotiating States may agree.

2. Failing any such provision or agreement, a treaty enters into force as  soon as consent to be bound by the treaty has been established for all the  negotiating States.

3. When the consent of a State to be bound by a treaty is established on a  date after the treaty has come into force, the treaty enters into force for  that State on that date, unless the treaty otherwise provides.

4. The provisions of a treaty regulating the authentication of its text,  the establishment of the consent of States to be bound by the treaty, the  manner or date of its entry into force, reservations, the functions of the  depositary and other matters arising necessarily before the entry into  force of the treaty apply from the time of the adoption of its text.

Article 25  Provisional application

1. A treaty or a part of a treaty is applied provisionally pending its  entry into force if:

(a) the treaty itself so provides; or  (b) the negotiating States have in some other manner so agreed.

2. Unless the treaty otherwise provides or the negotiating States have  otherwise agreed, the provisional application of a treaty or a part of a  treaty with respect to a State shall be terminated if that State notifies  the other States between which the treaty is being applied provisionally of  its intention not to become a party to the treaty.

PART III  OBSERVANCE, APPLICATION AND  INTERPRETATION OF TREATIES

SECTION 1. OBSERVANCE OF TREATIES

Article 26  Pacta sunt servanda Every treaty in force is binding upon the parties to it and must be  performed by them in good faith.  Article 27  Internal law and observance of treaties  A party may not invoke the provisions of its internal law as justification  for its failure to perform a treaty. This rule is without prejudice to  article 46.

SECTION 2. APPLICATION OF TREATIES

Article 28  Non-retroactivity of treaties  Unless a different intention appears from the treaty or is otherwise  established, its provisions do not bind a party in relation to any act or  fact which took place or any situation which ceased to exist before the  date of the entry into force of the treaty with respect to that party.

Article 29  Territorial scope of treaties  Unless a different intention appears from the treaty or is otherwise  established, a treaty is binding upon each party in respect of its entire  territory.

Article 30  Application of successive treaties relating  to the same subject-matter

1. Subject to Article 103 of the Charter of the United Nations, the rights  and obligations of States parties to successive treaties relating to the  same subject-matter shall be determined in accordance with the following  paragraphs.

2. When a treaty specifies that it is subject to, or that it is not to be  considered as incompatible with, an earlier or later treaty, the provisions  of that other treaty prevail.

3. When all the parties to the earlier treaty are parties also to the later  treaty but the earlier treaty is not terminated or suspended in operation  under article 59, the earlier treaty applies only to the extent that its  provisions are compatible with those of the latter treaty.

4. When the parties to the later treaty do not include all the parties to  the earlier one:  (a) as between States parties to both treaties the same rule applies as  in paragraph 3;

(b) as between a State party to both treaties and a State party to only  one of the treaties, the treaty to which both States are parties  governs their mutual rights and obligations.

5. Paragraph 4 is without prejudice to article 41, or to any question of  the termination or suspension of the operation of a treaty under article 60  or to any question of responsibility which may arise for a State from the  conclusion or application of a treaty, the provisions of which are  incompatible with its obligations towards another State under another treaty.

SECTION 3. INTERPRETATION OF TREATIES

Article 31  General rule of interpretation

1. A treaty shall be interpreted in good faith in accordance with the  ordinary meaning to be given to the terms of the treaty in their context  and in the light of its object and purpose.

2. The context for the purpose of the interpretation of a treaty shall  comprise, in addition to the text, including its preamble and annexes:  (a) any agreement relating to the treaty which was made between all the  parties in connexion with the conclusion of the treaty;  (b) any instrument which was made by one or more parties in connexion  with the conclusion of the treaty and accepted by the other parties  as an instrument related to the treaty.

3. There shall be taken into account, together with the context:

(a) any subsequent agreement between the parties regarding the  interpretation of the treaty or the application of its provisions;

(b) any subsequent practice in the application of the treaty which  establishes the agreement of the parties regarding its  interpretation;

(c) any relevant rules of international law applicable in the relations  between the parties.

4. A special meaning shall be given to a term if it is established that the  parties so intended.

Article 32  Supplementary means of interpretation

Recourse may be had to supplementary means of interpretation, including the  preparatory work of the treaty and the circumstances of its conclusion, in  order to confirm the meaning resulting from the application of article 31,  or to determine the meaning when the interpretation according to article 31:  (a) leaves the meaning ambiguous or obscure; or  (b) leads to a result which is manifestly absurd or unreasonable.

Article 33  Interpretation of treaties authenticated in two or more languages

1. When a treaty has been authenticated in two or more languages, the text  is equally authoritative in each language, unless the treaty provides or  the parties agree that, in case of divergence, a particular text shall  prevail.

2. A version of the treaty in a language other than one of those in which  the text was authenticated shall be considered an authentic text only if  the treaty so provides or the parties so agree.

3. The terms of the treaty are presumed to have the same meaning in each  authentic text.

4. Except where a particular text prevails in accordance with paragraph 1,  when a comparison of the authentic texts discloses a difference of meaning  which the application of articles 31 and 32 does not remove, the meaning  which best reconciles the texts, having regard to the object and purpose of  the treaty, shall be adopted.  SECTION 4. TREATIES AND THIRD STATES  Article 34  General rule regarding third States  A treaty does not create either obligations or rights for a third State  without its consent.

Article 35  Treaties providing for obligations for third States

An obligation arises for a third State from a provision of a treaty if the  parties to the treaty intend the provision to be the means of establishing  the obligation and the third State expressly accepts that obligation in  writing.  Article 36  Treaties providing for rights for third States

1. A right arises for a third State from a provision of a treaty if the  parties to the treaty intend the provision to accord that right either to  the third State, or to a group of States to which it belongs, or to all  States, and the third State assents thereto. Its assent shall be presumed  so long as the contrary is not indicated, unless the treaty otherwise  provides.

2. A State exercising a right in accordance with paragraph 1 shall comply  with the conditions for its exercise provided for in the treaty or  established in conformity with the treaty.

Article 37  Revocation or modification of obligations or rights of third States

1. When an obligation has arisen for a third State in conformity with  article 35, the obligation may be revoked or modified only with the consent  of the parties to the treaty and of the third State, unless it is  established that they had otherwise agreed.

2. When a right has arisen for a third State in conformity with article 36,  the right may not be revoked or modified by the parties if it is  established that the right was intended not to be revocable or subject to  modification without the consent of the third State.  Article 38  Rules in a treaty becoming binding on third States  through international custom  Nothing in articles 34 to 37 precludes a rule set forth in a treaty from  becoming binding upon a third State as a customary rule of international law, recognized as such.

PART IV  AMENDMENT AND MODIFICATION  OF TREATIES

Article 39  General rule regarding the amendment of treaties

A treaty may be amended by agreement between the parties. The rules laid  down in Part II apply to such an agreement except in so far as the treaty  may otherwise provide.

Article 40  Amendment of multilateral treaties

1. Unless the treaty otherwise provides, the amendment of multilateral  treaties shall be governed by the following paragraphs.

2. Any proposal to amend a multilateral treaty as between all the parties  must be notified to all the contracting States, each one of which shall  have the right to take part in:  (a) the decision as to the action to be taken in regard to such proposal;  (b) the negotiation and conclusion of any agreement for the amendment of  the treaty.

3. Every State entitled to become a party to the treaty shall also be  entitled to become a party to the treaty as amended.

4. The amending agreement does not bind any State already a party to the  treaty which does not become a party to the amending agreement; article 30,  paragraph 4(b), applies in relation to such State.

5. Any State which becomes a party to the treaty after the entry into force  of the amending agreement shall, failing an expression of a different  intention by that State:  (a) be considered as a party to the treaty as amended; and  (b) be considered as a party to the unamended treaty in relation to any  party to the treaty not bound by the amending agreement.

Article 41  Agreements to modify multilateral treaties between  certain of the parties only

1. Two or more of the parties to a multilateral treaty may conclude an  agreement to modify the treaty as between themselves alone if:  (a) the possibility of such a modification is provided for by the treaty;  Or  (b) the modification in question is not prohibited by the treaty and:  (i) does not affect the enjoyment by the other parties of their  rights under the treaty or the performance of their obligations;  (ii) does not relate to a provision, derogation from which is  incompatible with the effective execution of the object and purpose  of the treaty as a whole.

2. Unless in a case falling under paragraph 1(a) the treaty otherwise  provides, the parties in question shall notify the other parties of their  intention to conclude the agreement and of the modification to the treaty  for which it provides.

PART V  INVALIDITY, TERMINATION AND SUSPENSION  OF THE OPERATION OF TREATIES

SECTION 1. GENERAL PROVISIONS

Article 42  Validity and continuance in force of treaties

1. The validity of a treaty or of the consent of a State to be bound by a  treaty may be impeached only through the application of the present  Convention.

2. The termination of a treaty, its denunciation or the withdrawal of a  party, may take place only as a result of the application of the provisions  of the treaty or of the present Convention. The same rule applies to  suspension of the operation of a treaty.

Article 43  Obligations imposed by international law independently of a treaty

The invalidity, termination or denunciation of a treaty, the withdrawal of  a party from it, or the suspension of its operation, as a result of the  application of the present Convention or of the provisions of the treaty,  shall not in any way impair the duty of any State to fulfil any obligation  embodied in the treaty to which it would be subject under international law  independently of the treaty.

Article 44  Separability of treaty provisions

1. A right of a party, provided for in a treaty or arising under article  56, to denounce, withdraw from or suspend the operation of the treaty may  be exercised only with respect to the whole treaty unless the treaty  otherwise provides or the parties otherwise agree.

2. A ground for invalidating, terminating, withdrawing from or suspending  the operation of a treaty recognized in the present Convention may be  invoked only with respect to the whole treaty except as provided in the  following paragraphs or in article 60.

3. If the ground relates solely to particular clauses, it may be invoked  only with respect to those clauses where:  (a) the said clauses are separable from the remainder of the treaty with  regard to their application;  (b) it appears from the treaty or is otherwise established that  acceptance of those clauses was not an essential basis of the consent  of the other party or parties to be bound by the treaty as a whole;  and  (c) continued performance of the remainder of the treaty would not be  unjust.

4. In cases falling under articles 49 and 50 the State entitled to invoke  the fraud or corruption may do so with respect either to the whole treaty  or, subject to paragraph 3, to the particular clauses alone.

5. In cases falling under articles 51, 52 and 53, no separation of the  provisions of the treaty is permitted.

Article 45  Loss of a right to invoke a ground for invalidating, terminating,  withdrawing from or suspending the operation of a treaty

A State may no longer invoke a ground for invalidating, terminating,  withdrawing from or suspending the operation of a treaty under articles 46  to 50 or articles 60 and 62 if, after becoming aware of the facts:  (a) it shall have expressly agreed that the treaty is valid or remains in  force or continues in operation, as the case may be; or  (b) it must by reason of its conduct be considered as having acquiesced  in the validity of the treaty or in its maintenance in force or in  operation, as the case may be.

SECTION 2. INVALIDITY OF TREATIES

Article 46  Provisions of internal law regarding competence to conclude treaties

1. A State may not invoke the fact that its consent to be bound by a treaty  has been expressed in violation of a provision of its internal law  regarding competence to conclude treaties as invalidating its consent  unless that violation was manifest and concerned a rule of its internal law  of fundamental importance.

2. A violation is manifest if it would be objectively evident to any State  conducting itself in the matter in accordance with normal practice and in  good faith.

Article 47  Specific restrictions on authority to express the consent of a State

If the authority of a representative to express the consent of a State to  be bound by a particular treaty has been made subject to a specific  restriction, his omission to observe that restriction may not be invoked as  invalidating the consent expressed by him unless the restriction was  notified to the other negotiating States prior to his expressing such  consent.

Article 48  Error

1. A State may invoke an error in a treaty as invalidating its consent to  be bound by the treaty if the error relates to a fact or situation which  was assumed by that State to exist at the time when the treaty was  concluded and formed an essential basis of its consent to be bound by the  treaty.

2. Paragraph 1 shall not apply if the State in question contributed by its  own conduct to the error or if the circumstances were such as to put that  State on notice of a possible error.

3. An error relating only to the wording of the text of a treaty does not  affect its validity; article 79 then applies.  Article 49  Fraud  If a State has been induced to conclude a treaty by the fraudulent conduct  govern questions not regulated by the provisions of the present Convention,  Have agreed as follows:

PART I  INTRODUCTION

Article 1  Scope of the present Convention

The present Convention applies to treaties between States.

Article 2  Use of terms

1. For the purposes of the present Convention:  (a) ‘treaty’ means an international agreement concluded between States in  written form and governed by international law, whether embodied in a  single instrument or in two or more related instruments and whatever  its particular designation;  (b) ‘ratification’, ‘acceptance’, ‘approval’ and ‘accession’ mean in each  case the international act so named whereby a State establishes on  the international plane its consent to be bound by a treaty;  (c) ‘full powers’ means a document emanating from the competent authority  of a State designating a person or persons to represent the State for  negotiating, adopting or authenticating the text of a treaty, for  expressing the consent of the State to be bound by a treaty, or for  accomplishing any other act with respect to a treaty;  (d) ‘reservation’ means a unilateral statement, however phrased or named,  made by a State, when signing, ratifying, accepting, approving or  acceding to a treaty, whereby it purports to exclude or to modify the  legal effect of certain provisions of the treaty in their application  to that State;  (e) ‘negotiating State’ means a State which took part in the drawing up  and adoption of the text of the treaty;  (f) ‘contracting State’ means a State which has consented to be bound by  the treaty, whether or not the treaty has entered into force;  (g) ‘party’ means a State which has consented to be bound by the treaty  and for which the treaty is in force;  (h) ‘third State’ means a State not a party to the treaty;  (i) ‘international organization’ means an intergovernmental organization.  of another negotiating State, the State may invoke the fraud as  invalidating its consent to be bound by the treaty.

Article 50  Corruption of a representative of a State

If the expression of a State’s consent to be bound by a treaty has been  procured through the corruption of its representative directly or  indirectly by another negotiating State, the State may invoke such  corruption as invalidating its consent to be bound by the treaty.

Article 51  Coercion of a representative of a State

The expression of a State’s consent to be bound by a treaty which has been  procured by the coercion of its representative through acts or threats  directed against him shall be without any legal effect.

Article 52  Coercion of a State by the threat or use of force

A treaty is void if its conclusion has been procured by the threat or use  of force in violation of the principles of international law embodied in  the Charter of the United Nations.  Page 14 of 36     Article 53  Treaties conflicting with a peremptory norm of general  international law (jus cogens)  A treaty is void if, at the time of its conclusion, it conflicts with a  peremptory norm of general international law. For the purposes of the  present Convention, a peremptory norm of general international law is a  norm accepted and recognized by the international community of States as a  whole as a norm from which no derogation is permitted and which can be  modified only by a subsequent norm of general international law having the  same character.

SECTION 3. TERMINATION AND SUSPENSION OF THE  OPERATION OF TREATIES

Article 54  Termination of or withdrawal from a treaty under its provisions or by consent of the parties

The termination of a treaty or the withdrawal of a party may take place:  (a) in conformity with the provisions of the treaty; or  (b) at any time by consent of all the parties after consultation with the  other contracting States.

Article 55  Reduction of the parties to a multilateral treaty below the  number necessary for its entry into force  Unless the treaty otherwise provides, a multilateral treaty does not  terminate by reason only of the fact that the number of the parties falls  below the number necessary for its entry into force.

Article 56  Denunciation of or withdrawal from a treaty containing no provision  regarding termination, denunciation or withdrawal

1. A treaty which contains no provision regarding its termination and which  does not provide for denunciation or withdrawal is not subject to  denunciation or withdrawal unless:  (a) it is established that the parties intended to admit the possibility  of denunciation or withdrawal; or  (b) a right of denunciation or withdrawal may be implied by the nature of  the treaty.  2. A party shall give not less than twelve months’ notice of its intention  to denounce or withdraw from a treaty under paragraph 1.

Article 57  Suspension of the operation of a treaty under its provisions  or by consent of the parties

The operation of a treaty in regard to all the parties or to a particular  party may be suspended:  (a) in conformity with the provisions of the treaty; or  (b) at any time by consent of all the parties after consultation with the  other contracting States.

Article 58  Suspension of the operation of a multilateral treaty by  agreement between certain of the parties only

1. Two or more parties to a multilateral treaty may conclude an agreement  to suspend the operation of provisions of the treaty, temporarily and as  between themselves alone, if:  (a) the possibility of such a suspension is provided for by the treaty;  or  (b) the suspension in question is not prohibited by the treaty and:  (i) does not affect the enjoyment by the other parties of their  rights under the treaty or the performance of their obligations;  (ii) is not incompatible with the object and purpose of the treaty.

2. Unless in a case falling under paragraph 1(a) the treaty otherwise  provides, the parties in question shall notify the other parties of their  intention to conclude the agreement and of those provisions of the treaty  the operation of which they intend to suspend.

Article 59  Termination or suspension of the operation of a treaty  implied by conclusion of a later treaty

1. A treaty shall be considered as terminated if all the parties to it  conclude a later treaty relating to the same subject-matter and:  (a) it appears from the later treaty or is otherwise established that the  parties intended that the matter should be governed by that treaty;  or  (b) the provisions of the later treaty are so far incompatible with those  of the earlier one that the two treaties are not capable of being applied at the same time.

2. The earlier treaty shall be considered as only suspended in operation if  it appears from the later treaty or is otherwise established that such was  the intention of the parties.

Article 60  Termination or suspension of the operation of a treaty  as a consequence of its breach

1. A material breach of a bilateral treaty by one of the parties entitles  the other to invoke the breach as a ground for terminating the treaty or  suspending its operation in whole or in part.

2. A material breach of a multilateral treaty by one of the parties  entitles:  (a) the other parties by unanimous agreement to suspend the operation of  the treaty in whole or in part or to terminate it either:  (i) in the relations between themselves and the defaulting State, or  (ii) as between all the parties;  (b) a party specially affected by the breach to invoke it as a ground for  suspending the operation of the treaty in whole or in part in the  relations between itself and the defaulting State;  (c) any party other than the defaulting State to invoke the breach as a  ground for suspending the operation of the treaty in whole or in part  with respect to itself if the treaty is of such a character that a  material breach of its provisions by one party radically changes the  position of every party with respect to the further performance of  its obligations under the treaty.

3. A material breach of a treaty, for the purposes of this article,  consists in:  (a) a repudiation of the treaty not sanctioned by the present Convention;  or  (b) the violation of a provision essential to the accomplishment of the  object or purpose of the treaty.

4. The foregoing paragraphs are without prejudice to any provision in the  treaty applicable in the event of a breach.

5. Paragraphs 1 to 3 do not apply to provisions relating to the protection  of the human person contained in treaties of a humanitarian character, in  particular to provisions prohibiting any form of reprisals against persons  protected by such treaties.

Article 61  Supervening impossibility of performance

1. A party may invoke the impossibility of performing a treaty as a ground  for terminating or withdrawing from it if the impossibility results from  the permanent disappearance or destruction of an object indispensable for  the execution of the treaty. If the impossibility is temporary, it may be  invoked only as a ground for suspending the operation of the treaty.

2. Impossibility of performance may not be invoked by a party as a ground  for terminating, withdrawing from or suspending the operation of a treaty  if the impossibility is the result of a breach by that party either of an  obligation under the treaty or of any other international obligation owed  to any other party to the treaty.

Article 62  Fundamental change of circumstances

1. A fundamental change of circumstances which has occurred with regard to  those existing at the time of the conclusion of a treaty, and which was not  foreseen by the parties, may not be invoked as a ground for terminating or  withdrawing from the treaty unless:  (a) the existence of those circumstances constituted an essential basis  of the consent of the parties to be bound by the treaty; and  (b) the effect of the change is radically to transform the extent of  obligations still to be performed under the treaty.

2. A fundamental change of circumstances may not be invoked as a ground for  terminating or withdrawing from a treaty:  (a) if the treaty establishes a boundary; or  (b) if the fundamental change is the result of a breach by the party  invoking it either of an obligation under the treaty or of any other  international obligation owed to any other party to the treaty.

3. If, under the foregoing paragraphs, a party may invoke a fundamental  change of circumstances as a ground for terminating or withdrawing from a  treaty it may also invoke the change as a ground for suspending the  operation of the treaty. Article 63  Severance of diplomatic or consular relations  The severance of diplomatic or consular relations between parties to a  treaty does not affect the legal relations established between them by the  treaty except in so far as the existence of diplomatic or consular  relations is indispensable for the application of the treaty.

Article 64  Emergence of a new peremptory norm of general  international law (jus cogens)  If a new peremptory norm of general international law emerges, any existing  treaty which is in conflict with that norm becomes void and terminates.

SECTION 4. PROCEDURE

Article 65  Procedure to be followed with respect to invalidity, termination,  withdrawal from or suspension of the operation of a treaty

1. A party which, under the provisions of the present Convention, invokes  either a defect in its consent to be bound by a treaty or a ground for  impeaching the validity of a treaty, terminating it, withdrawing from it or  suspending its operation, must notify the other parties of its claim. The  notification shall indicate the measure proposed to be taken with respect  to the treaty and the reasons therefor.

2. If, after the expiry of a period which, except in cases of special  urgency, shall not be less than three months after the receipt of the  notification, no party has raised any objection, the party making the  notification may carry out in the manner provided in article 67 the measure  which it has proposed.

3. If, however, objection has been raised by any other party, the parties  shall seek a solution through the means indicated in article 33 of the  Charter of the United Nations.

4. Nothing in the foregoing paragraphs shall affect the rights or  obligations of the parties under any provisions in force binding the  parties with regard to the settlement of disputes.

5. Without prejudice to article 45, the fact that a State has not  previously made the notification prescribed in paragraph 1 shall not  prevent it from making such notification in answer to another party  claiming performance of the treaty or alleging its violation.

Article 66  Procedures for judicial settlement, arbitration and conciliation

If, under paragraph 3 of article 65, no solution has been reached within a  period of 12 months following the date on which the objection was raised,  the following procedures shall be followed:  (a) any one of the parties to a dispute concerning the application or the  interpretation of articles 53 or 64 may, by a written application,  submit it to the International Court of Justice for a decision unless  the parties by common consent agree to submit the dispute to  arbitration;  (b) any one of the parties to a dispute concerning the application or the  interpretation of any of the other articles in Part V of the present  Convention may set in motion the procedure specified in the Annexe to  the Convention by submitting a request to that effect to the  Secretary-General of the United Nations.

Article 67  Instruments for declaring invalid, terminating, withdrawing from or  suspending the operation of a treaty

1. The notification provided for under article 65 paragraph 1 must be made  in writing.

2. Any act declaring invalid, terminating, withdrawing from or suspending  the operation of a treaty pursuant to the provisions of the treaty or of  paragraphs 2 or 3 of article 65 shall be carried out through an instrument  communicated to the other parties. If the instrument is not signed by the  Head of State, Head of Government or Minister for Foreign Affairs, the  representative of the State communicating it may be called upon to produce  full powers.

Article 68  Revocation of notifications and instruments provided  for in articles 65 and 67

A notification or instrument provided for in articles 65 or 67 may be  revoked at any time before it takes effect.

SECTION 5.  CONSEQUENCES OF THE INVALIDITY,  TERMINATION OR SUSPENSION OF THE  OPERATION OF A TREATY

Article 69  Consequences of the invalidity of a treaty

1. A treaty the invalidity of which is established under the present  Convention is void. The provisions of a void treaty have no legal force.

2. If acts have nevertheless been performed in reliance on such a treaty:  (a) each party may require any other party to establish as far as  possible in their mutual relations the position that would have  existed if the acts had not been performed;  (b) acts performed in good faith before the invalidity was invoked are  not rendered unlawful by reason only of the invalidity of the treaty.

3. In cases falling under articles 49, 50, 51 or 52, paragraph 2 does not  apply with respect to the party to which the fraud, the act of corruption  or the coercion is imputable.

4. In the case of the invalidity of a particular State’s consent to be  bound by a multilateral treaty, the foregoing rules apply in the relations  between that State and the parties to the treaty.

Article 70  Consequences of the termination of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree, the  termination of a treaty under its provisions or in accordance with the  present Convention:  (a) releases the parties from any obligation further to perform the  treaty;  (b) does not affect any right, obligation or legal situation of the  parties created through the execution of the treaty prior to its  termination.

2. If a State denounces or withdraws from a multilateral treaty, paragraph  1 applies in the relations between that State and each of the other parties  to the treaty from the date when such denunciation or withdrawal takes  effect.

Article 71  Consequences of the invalidity of a treaty which conflicts with a  peremptory norm of general international law

1. In the case of a treaty which is void under article 53 the parties  shall:  (a) eliminate as far as possible the consequences of any act performed in  reliance on any provision which conflicts with the peremptory norm of  general international law; and  (b) bring their mutual relations into conformity with the peremptory norm  of general international law.

2. In the case of a treaty which becomes void and terminates under article  64, the termination of the treaty:  (a) releases the parties from any obligation further to perform the  treaty;  (b) does not affect any right, obligation or legal situation of the  parties created through the execution of the treaty prior to its  termination; provided that those rights, obligations or situations  may thereafter be maintained only to the extent that their  maintenance is not in itself in conflict with the new peremptory norm  of general international law.

Article 72  Consequences of the suspension of the operation of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree, the  suspension of the operation of a treaty under its provisions or in  accordance with the present Convention:  (a) releases the parties between which the operation of the treaty is  suspended from the obligation to perform the treaty in their mutual  relations during the period of the suspension;  (b) does not otherwise affect the legal relations between the parties  established by the treaty.

2. During the period of the suspension the parties shall refrain from acts  tending to obstruct the resumption of the operation of the treaty.  PART VI  MISCELLANEOUS PROVISIONS

Article 73  Cases of State succession, State responsibility and  outbreak of hostilities

The provisions of the present Convention shall not prejudge any question  that may arise in regard to a treaty from a succession of States or from  the international responsibility of a State or from the outbreak of  hostilities between States.

Article 74  Diplomatic and consular relations and the conclusion of treaties

The severance or absence of diplomatic or consular relations between two or  more States does not prevent the conclusion of treaties between those  States. The conclusion of a treaty does not in itself affect the situation  in regard to diplomatic or consular relations.

Article 75  Case of an aggressor State

The provisions of the present Convention are without prejudice to any  obligation in relation to a treaty which may arise for an aggressor State  in consequence of measures taken in conformity with the Charter of the  United Nations with reference to that State’s aggression.

PART VII  DEPOSITARIES, NOTIFICATIONS, CORRECTIONS  AND REGISTRATION

Article 76  Depositaries of treaties

1. The designation of the depositary of a treaty may be made by the  negotiating States, either in the treaty itself or in some other manner. The depositary may be one or more States, an international organization or  the chief administrative officer of the organization.

2. The functions of the depositary of a treaty are international in  character and the depositary is under an obligation to act impartially in  their performance. In particular, the fact that a treaty has not entered  into force between certain of the parties or that a difference has appeared  between a State and a depositary with regard to the performance of the  latter’s functions shall not affect that obligation.

Article 77  Functions of depositaries

1. The functions of a depositary, unless otherwise provided in the treaty  or agreed by the contracting States, comprise in particular:  (a) keeping custody of the original text of the treaty and of any full  powers delivered to the depositary;  (b) preparing certified copies of the original text and preparing any

2. The provisions of paragraph 1 regarding the use of terms in the present  Convention are without prejudice to the use of those terms or to the  meanings which may be given to them in the internal law of any State.

Article 3  International agreements not within the scope of the  present Convention

The fact that the present Convention does not apply to international  agreements concluded between States and other subjects of international law  or between such other subjects of international law, or to international  agreements not in written form, shall not affect:  (a) the legal force of such agreements;  (b) the application to them of any of the rules set forth in the present  Convention to which they would be subject under international law  independently of the Convention;  (c) the application of the Convention to the relations of States as  between themselves under international agreements to which other  subjects of international law are also parties.

Article 4  Non-retroactivity of the present Convention

Without prejudice to the application of any rules set forth in the present  Convention to which treaties would be subject under international law  independently of the Convention, the Convention applies only to treaties  which are concluded by States after the entry into force of the present  Convention with regard to such States.

Article 5  Treaties constituting international organizations and treaties  adopted within an international organization

The present Convention applies to any treaty which is the constituent  instrument of an international organization and to any treaty adopted  within an international organization without prejudice to any relevant  rules of the organization.

PART II  CONCLUSION AND ENTRY INTO FORCE OF TREATIES

further text of the treaty in such additional languages as may be  required by the treaty and transmitting them to the parties and to  the States entitled to become parties to the treaty;  (c) receiving any signatures to the treaty and receiving and keeping  custody of any instruments, notifications and communications relating  to it;  (d) examining whether the signature or any instrument, notification or  communication relating to the treaty is in due and proper form and,  if need be, bringing the matter to the attention of the State in  question;  (e) informing the parties and the States entitled to become parties to  the treaty of acts, notifications and communications relating to the  treaty;  (f) informing the States entitled to become parties to the treaty when  the number of signatures or of instruments of ratification,  acceptance, approval or accession required for the entry into force  of the treaty has been received or deposited;  (g) registering the treaty with the Secretariat of the United Nations;  (h) performing the functions specified in other provisions of the present  Convention.

2. In the event of any difference appearing between a State and the  depositary as to the performance of the latter’s functions, the depositary  shall bring the question to the attention of the signatory States and the  contracting States or, where appropriate, of the competent organ of the  international organization concerned.

Article 78  Notifications and communications

Except as the treaty or the present Convention otherwise provide, any  notification or communication to be made by any State under the present  Convention shall:  (a) if there is no depositary, be transmitted direct to the States for  which it is intended, or if there is a depositary, to the latter;  (b) be considered as having been made by the State in question only upon  its receipt by the State to which it was transmitted or, as the case  may be, upon its receipt by the depositary;  (c) if transmitted to a depositary, be considered as received by the  State for which it was intended only when the latter State has been  informed by the depositary in accordance with article 77, paragraph 1(e).

Article 79  Correction of errors in texts or in certified copies of treaties

1. Where, after the authentication of the text of a treaty, the signatory  States and the contracting States are agreed that it contains an error, the  error shall, unless they decide upon some other means of correction, be  corrected:  (a) by having the appropriate correction made in the text and causing the  correction to be initialled by duly authorized representatives;  (b) by executing or exchanging an instrument or instruments setting out  the correction which it has been agreed to make; or  (c) by executing a corrected text of the whole treaty by the same  procedure as in the case of the original text.

2. Where the treaty is one for which there is a depositary, the latter  shall notify the signatory States and the contracting States of the error  and of the proposal to correct it and shall specify an appropriate time-limit within which objection to the proposed correction may be raised.  If, on the expiry of the time-limit:  (a) no objection has been raised, the depositary shall make and initial  the correction in the text and shall execute a proc s-verbal of the  rectification of the text and communicate a copy of it to the parties  and to the States entitled to become parties to the treaty;  (b) an objection has been raised, the depositary shall communicate the  objection to the signatory States and to the contracting States.

3. The rules in paragraphs 1 and 2 apply also where the text has been  authenticated in two or more languages and it appears that there is a lack  of concordance which the signatory States and the contracting States agree  should be corrected.  4. The corrected text replaces the defective text ab initio, unless the  signatory States and the contracting States otherwise decide.  5. The correction of the text of a treaty that has been registered shall be  notified to the Secretariat of the United Nations.  6. Where an error is discovered in a certified copy of a treaty, the  depositary shall execute a proc s-verbal specifying the rectification and  communicate a copy of it to the signatory States and to the contracting  Slates.

Article 80  Registration and publication of treaties

1. Treaties shall, after their entry into force, be transmitted to the  Secretariat of the United Nations for registration or filing and recording,  as the case may be, and for publication.

2. The designation of a depositary shall constitute authorization for it to  perform the acts specified in the preceding paragraph.

PART VIII  FINAL PROVISIONS

Article 81  Signature

The present Convention shall be open for signature by all States Members of  the United Nations or of any of the specialized agencies or of the  International Atomic Energy Agency or parties to the Statute of the  International Court of Justice, and by any other State invited by the  General Assembly of the United Nations to become a party to the Convention,  as follows: until 30 November 1969, at the Federal Ministry for Foreign  Affairs of the Republic of Austria, and subsequently, until 30 April 1970,  at United Nations Headquarters, New York.

Article 82  Ratification The present Convention is subject to ratification. The instruments of  ratification shall be deposited with the Secretary-General of the United  Nations.

Article 83  Accession The present Convention shall remain open for accession by any State  belonging to any of the categories mentioned in article 81. The instruments  of accession shall be deposited with the Secretary-General of the United  Nations.

Article 84  Entry into force

1. The present Convention shall enter into force on the thirtieth day  following the date of deposit of the thirty-fifth instrument of  ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit  of the thirty-fifth instrument of ratification or accession, the Convention  shall enter into force on the thirtieth day after deposit by such State of  its instrument of ratification or accession.

Article 85  Authentic texts

The original of the present Convention, of which the Chinese, English,  French, Russian and Spanish texts are equally authentic, shall be deposited  with the Secretary-General of the United Nations.  IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized  thereto by their respective Governments, have signed the present  Convention.  DONE at Vienna, this twenty-third day of May, one thousand nine hundred and  sixty-nine.  A N N E X  1. A list of conciliators consisting of qualified jurists shall be drawn up  and maintained by the Secretary-General of the United Nations. To this end,  every State which is a Member of the United Nations or a party to the  present Convention shall be invited to nominate two conciliators, and the  names of the persons so nominated shall constitute the list. The term of a  conciliator, including that of any conciliator nominated to fill a casual  vacancy, shall be five years and may be renewed. A conciliator whose term  expires shall continue to fulfil any function for which he shall have been  chosen under the following paragraph.

2. When a request has been made to the Secretary-General under article 66,  the Secretary-General shall bring the dispute before a conciliation  commission constituted as follows:  The State or States constituting one of the parties to the dispute shall  appoint:  (a) one conciliator of the nationality of that State or of one of those  States, who may or may not be chosen from the list referred to in  paragraph 1; and  (b) one conciliator not of the nationality of that State or of any of  those States, who shall be chosen from the list.  The State or States constituting the other party to the dispute shall  appoint two conciliators in the same way. The four conciliators chosen by  the parties shall be appointed within sixty days following the date on  which the Secretary-General receives the request. The four conciliators shall, within sixty days following the date of the  last of their own appointments, appoint a fifth conciliator chosen from the  list, who shall be chairman.  If the appointment of the chairman or of any of the other conciliators has  not been made within the period prescribed above for such appointment, it  shall be made by the Secretary-General within sixty days following the  expiry of that period. The appointment of the chairman may be made by the  Secretary-General either from the list or from the membership of the  International Law Commission. Any of the periods within which appointments  must be made may be extended by agreement between the parties to the  dispute.  Any vacancy shall be filled in the manner prescribed for the initial  appointment.

3. The Conciliation Commission shall decide its own procedure. The  Commission, with the consent of the parties to the dispute, may invite any  party to the treaty to submit to it its views orally or in writing.  Decisions and recommendations of the Commission shall be made by a majority  vote of the five members.

4. The Commission may draw the attention of the parties to the dispute to  any measures which might facilitate an amicable settlement.

5. The Commission shall hear the parties, examine the claims and  objections, and make proposals to the parties with a view to reaching an  amicable settlement of the dispute.

6. The Commission shall report within twelve months of its constitution.  Its report shall be deposited with the Secretary-General and transmitted to  the parties to the dispute. The report of the Commission, including any  conclusions stated therein regarding the facts or questions of law, shall  not be binding upon the parties and it shall have no other character than  that of recommendations submitted for the consideration of the parties in  order to facilitate an amicable settlement of the dispute.

7. The Secretary-General shall provide the Commission with such assistance  and facilities as it may require. The expenses of the Commission shall be  borne by the United Nations.

SECTION 1. CONCLUSION OF TREATIES

Article 6  Capacity of States to conclude treaties

Every State possesses capacity to conclude treaties.

Article 7  Full powers

1. 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:  (a) he produces appropriate full powers; or  (b) it appears from the practice of the States concerned or from other  circumstances that their intention was to consider that person as  representing the State for such purposes and to dispense with full  powers.

2. In virtue of their functions and without having to produce full powers,  the following are considered as representing their State:  (a) Heads of State, Heads of Government and Ministers for Foreign  Affairs, for the purpose of performing all acts relating to the  conclusion of a treaty;  (b) heads of diplomatic missions, for the purpose of adopting the text of  a treaty between the accrediting State and the State to which they  are accredited;  (c) representatives accredited by States to an international conference  or to an international organization or one of its organs, for the  purpose of adopting the text of a treaty in that conference,  organization or organ.

Article 8  Subsequent confirmation of an act  performed without authorization

An act relating to the conclusion of a treaty performed by a person who  cannot be considered under article 7 as authorized to represent a State for  that purpose is without legal effect unless afterwards confirmed by that  State.  Page 31 of 36

Article 9  Adoption of the text

1. The adoption of the text of a treaty takes place by the consent of all  the States participating in its drawing up except as provided in paragraph  2.

2. The adoption of the text of a treaty at an international conference  takes place by the vote of two-thirds of the States present and voting,  unless by the same majority they shall decide to apply a different rule.

Article 10 Authentication of the text  The text of a treaty is established as authentic and definitive:  (a) by such procedure as may be provided for in the text or agreed upon  by the States participating in its drawing up; or  (b) failing such procedure, by the signature, signature ad referendum or  initialling by the representatives of those States of the text of the  treaty or of the Final Act of a conference incorporating the text.

Article 11 Means of expressing consent to be bound by a treaty  The consent of a State 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.

Article 12  Consent to be bound by a treaty expressed by signature

1. The consent of a State to be bound by a treaty is expressed by the  signature of its representative when:  (a) the treaty provides that signature shall have that effect;  (b) it is otherwise established that the negotiating States were agreed  that signature should have that effect; or  (c) the intention of the State to give that effect to the signature  appears from the full powers of its representative or was expressed  during the negotiation.

2. For the purposes of paragraph 1:  (a) the initialling of a text constitutes a signature of the treaty when  it is established that the negotiating States so agreed;  (b) the signature ad referendum of a treaty by a representative, if  confirmed by his State, constitutes a full signature of the treaty.

Article 13  Consent to be bound by a treaty expressed by an exchange of  instruments constituting a treaty  The consent of States to be bound by a treaty constituted by instruments  exchanged between them is expressed by that exchange when:  (a) the instruments provide that their exchange shall have that effect;  or  (b) it is otherwise established that those States were agreed that the  exchange of instruments should have that effect

Article 14  Consent to be bound by a treaty expressed by  ratification, acceptance or approval

1. The consent of a State to be bound by a treaty is expressed by  ratification when:  (a) the treaty provides for such consent to be expressed by means of  ratification;  (b) it is otherwise established that the negotiating States were agreed  that ratification should be required;  (c) the representative of the State has signed the treaty subject to  ratification; or  (d) the intention of the State to sign the treaty subject to ratification  appears from the full powers of its representative or was expressed  during the negotiation.

2. The consent of a State to be bound by a treaty is expressed by  acceptance or approval under conditions similar to those which apply to  ratification.

Article 15  Consent to be bound by a treaty expressed by accession

The consent of a State to be bound by a treaty is expressed by accession when:  (a) the treaty provides that such consent may be expressed by that State  by means of accession;  (b) it is otherwise established that the negotiating States were agreed  that such consent may be expressed by that State by means of  accession; or  (c) all the parties have subsequently agreed that such consent may be  expressed by that State by means of accession.

Article 16. Exchange or deposit of instruments of ratification,  acceptance, approval or accession  Unless the treaty otherwise provides, instruments of ratification,  acceptance, approval or accession establish the consent of a State to be  bound by a treaty upon:  (a) their exchange between the contracting States;  (b) their deposit with the depositary; or  (c) their notification to the contracting States or to the depositary, if  50 agreed.

Article 17 Consent to be bound by part of a treaty and  choice of differing provisions

1. Without prejudice to articles 19 to 23, the consent of a State to be  bound by part of a treaty is effective only if the treaty so permits or the  other contracting States so agree.

2. The consent of a State to be bound by a treaty which permits a choice  between differing provisions is effective only if it is made clear to which  of the provisions the consent relates.

Article 18  Obligation not to defeat the object and purpose of a treaty  prior to its entry into force

A State is obliged to refrain from acts which would defeat the object and  purpose of a treaty when:  (a) it has signed the treaty or has exchanged instruments constituting  the treaty subject to ratification, acceptance or approval, until it  shall have made its intention clear not to become a party to the  treaty; or  (b) it has expressed its consent to be bound by the treaty, pending the  entry into force of the treaty and provided that such entry into  force is not unduly delayed.

SECTION 2. RESERVATIONS

Article 19  Formulation of reservations

A State may, when signing, ratifying, accepting, approving or acceding to a  treaty, formulate a reservation unless:  (a) the reservation is prohibited by the treaty;  (b) the treaty provides that only specified reservations, which do not  include the reservation in question, may be made; or  (c) in cases not falling under sub-paragraphs (a) and (b), the  reservation is incompatible with the object and purpose of the  treaty.  Article 20  Acceptance of and objection to reservations

1. A reservation expressly authorized by a treaty does not require any  subsequent acceptance by the other contracting States unless the treaty so  provides.

2. When it appears from the limited number of the negotiating States and  the object and purpose of a treaty that the application of the treaty in  its entirety between all the parties is an essential condition of the consent of each one to be bound by the treaty, a reservation requires  acceptance by all the parties.

3. When a treaty is a constituent instrument of an international  organization and unless it otherwise provides, a reservation requires the  acceptance of the competent organ of that organization.

4. In cases not falling under the preceding paragraphs and unless the  treaty otherwise provides:  (a) acceptance by another contracting State of a reservation constitutes  the reserving State a party to the treaty in relation to that other  State if or when the treaty is in force for those States;  (b) an objection by another contracting State to a reservation does not  preclude the entry into force of the treaty as between the objecting  and reserving States unless a contrary intention is definitely  expressed by the objecting State;  (c) an act expressing a State’s consent to be bound by the treaty and  containing a reservation is effective as soon as at least one other  contracting State has accepted the reservation.

5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise  provides, a reservation is considered to have been accepted by a State if  it shall have raised no objection to the reservation by the end of a period  of twelve months after it was notified of the reservation or by the date on  which it expressed its consent to be bound by the treaty, whichever is  later.

Article 21  Legal effects of reservations and of objections to reservations

1. A reservation established with regard to another party in accordance  with articles 19, 20 and 23:  (a) modifies for the reserving State in its relations with that other  party the provisions of the treaty to which the reservation relates  to the extent of the reservation; and  (b) modifies those provisions to the same extent for that other party in  its relations with the reserving State.

2. The reservation does not modify the provisions of the treaty for the  other parties to the treaty inter se.

3. When a State objecting to a reservation has not opposed the entry into  force of the treaty between itself and the reserving State, the provisions  to which the reservation relates do not apply as between the two States to  the extent of the reservation.

Article 22  Withdrawal of reservations and of objections to reservations

1. Unless the treaty otherwise provides, a reservation may be withdrawn at  any time and the consent of a State which has accepted the reservation is  not required for its withdrawal.

2. Unless the treaty otherwise provides, an objection to a reservation may  be withdrawn at any time.

3. Unless the treaty otherwise provides, or it is otherwise agreed:  (a) the withdrawal of a reservation becomes operative in relation to  another contracting State only when notice of it has been received

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