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
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.
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
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.
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 by
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
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.
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
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 procŠs-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 procŠs-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.
Related Posts by Categories
0 comentários:
Post a Comment