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VIENNA CONVENTION ON THE LAW OF TREATIES* 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
Article 1 Scope of the present Convention The present Convention applies to treaties between States.
Article 2
1. For the purposes of the present Convention:
'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; '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; '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; '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; 'negotiating State' means a State which took part in the drawing up and adoption of the text of the treaty; 'contracting State' means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force; 'party' means a State which has consented to be bound by the treaty and for which the treaty is in force; 'third State' means a State not a party to the treaty; '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
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:
the legal force of such agreements; 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; 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
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
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
SECTION 1. CONCLUSION OF TREATIES Article 6 Capacity of States to conclude treaties Every State possesses capacity to conclude treaties.
Article 7
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:
he produces appropriate full powers; or 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.
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; 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; 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
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
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
The text of a treaty is established as authentic and definitive:
by such procedure as may be provided for in the text or agreed upon by the States participating in its drawing up; or 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
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
1. The consent of a State to be bound by a treaty is expressed by the
signature of its representative when:
the treaty provides that signature shall have that effect; it is otherwise established that the negotiating States were agreed that signature should have that effect; or 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.
the initialling of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed; the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a full signature of the treaty. Article 13
The consent of States to be bound by a treaty constituted by instruments
exchanged between them is expressed by that exchange when:
the instruments provide that their exchange shall have that effect; or it is otherwise established that those States were agreed that the exchange of instruments should have that effect Article 14
1. The consent of a State to be bound by a treaty is expressed by ratification
when:
the treaty provides for such consent to be expressed by means of ratification; it is otherwise established that the negotiating States were agreed that ratification should be required; the representative of the State has signed the treaty subject to ratification; or 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.
Article 15
The consent of a State to be bound by a treaty is expressed by accession
when:
the treaty provides that such consent may be expressed by that State by means of accession; it is otherwise established that the negotiating States were agreed that such consent may be expressed by that State by means of accession; or all the parties have subsequently agreed that such consent may be expressed by that State by means of accession. Article 16
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:
their exchange between the contracting States; their deposit with the depositary; or their notification to the contracting States or to the depositary, if 50 agreed. Article 17
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
A State is obliged to refrain from acts which would defeat the object
and purpose of a treaty when:
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 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
Formulation of reservations A State may, when signing, ratifying, accepting, approving or acceding
to a treaty, formulate a reservation unless:
the reservation is prohibited by the treaty; the treaty provides that only specified reservations, which do not include the reservation in question, may be made; or in cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible with the object and purpose of the treaty. Article 20
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:
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; 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; 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.
Article 21
1. A reservation established with regard to another party in accordance
with articles 19, 20 and 23:
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 modifies those provisions to the same extent for that other party in
its relations with the reserving State.
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
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:
the withdrawal of a reservation becomes operative in relation to another contracting State only when notice of it has been received by that State; 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
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
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
1. A treaty or a part of a treaty is applied provisionally pending its
entry into force if:
the treaty itself so provides; or the negotiating States have in some other manner so agreed.
PART III
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
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
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
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
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:
as between States parties to both treaties the same rule applies as in paragraph 3; 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.
SECTION 3. INTERPRETATION OF TREATIES
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:
any agreement relating to the treaty which was made between all the parties in connexion with the conclusion of the treaty; 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.
any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; any relevant rules of international law applicable in the relations
between the parties.
Article 32
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:
leaves the meaning ambiguous or obscure; or leads to a result which is manifestly absurd or unreasonable. Article 33
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
General rule regarding third States A treaty does not create either obligations or rights for a third State
without its consent.
Article 35
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
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
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
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
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
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:
the decision as to the action to be taken in regard to such proposal; the negotiation and conclusion of any agreement for the amendment of
the treaty.
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:
be considered as a party to the treaty as amended; and 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
1. Two or more of the parties to a multilateral treaty may conclude
an agreement to modify the treaty as between themselves alone if:
the possibility of such a modification is provided for by the treaty; or the modification in question is not prohibited by the treaty and: does not affect the enjoyment by the other parties of their rights under the treaty or the performance of their obligations; 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.
PART V
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
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
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:
the said clauses are separable from the remainder of the treaty with regard to their application; 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 continued performance of the remainder of the treaty would not be unjust.
5. In cases falling under articles 51, 52 and 53, no separation of the
provisions of the treaty is permitted.
Article 45
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:
it shall have expressly agreed that the treaty is valid or remains in force or continues in operation, as the case may be; or 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
Provisions of internal law regarding
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
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
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
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
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
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
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
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
Termination of or withdrawal from a treaty
The termination of a treaty or the withdrawal of a party may take place:
in conformity with the provisions of the treaty; or at any time by consent of all the parties after consultation with the other contracting States. Article 55
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
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:
it is established that the parties intended to admit the possibility of denunciation or withdrawal; or a right of denunciation or withdrawal may be implied by the nature of
the treaty.
Article 57
The operation of a treaty in regard to all the parties or to a particular
party may be suspended:
in conformity with the provisions of the treaty; or at any time by consent of all the parties after consultation with the other contracting States. Article 58
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:
the possibility of such a suspension is provided for by the treaty; or the suspension in question is not prohibited by the treaty and: does not affect the enjoyment by the other parties of their rights under the treaty or the performance of their obligations; is not incompatible with the object and purpose of the treaty.
Article 59
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:
it appears from the later treaty or is otherwise established that the parties intended that the matter should be governed by that treaty; or 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.
Article 60
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:
the other parties by unanimous agreement to suspend the operation of the treaty in whole or in part or to terminate it either: in the relations between themselves and the defaulting State, or as between all the parties; 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; 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.
a repudiation of the treaty not sanctioned by the present Convention; or the violation of a provision essential to the accomplishment of the
object or purpose of the treaty.
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
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
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:
the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty; and the effect of the change is radically to transform the extent of obligations
still to be performed under the treaty.
if the treaty establishes a boundary; or 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.
Article 63
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
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
Procedure to be followed with respect to invalidity,
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
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:
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; 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
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
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,
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:
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; acts performed in good faith before the invalidity was invoked are not
rendered unlawful by reason only of the invalidity of the treaty.
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
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:
releases the parties from any obligation further to perform the treaty; does not affect any right, obligation or legal situation of the parties
created through the execution of the treaty prior to its termination.
Article 71
1. In the case of a treaty which is void under article 53 the parties
shall:
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 bring their mutual relations into conformity with the peremptory norm
of general international law.
releases the parties from any obligation further to perform the treaty; 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
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:
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; does not otherwise affect the legal relations between the parties established
by the treaty.
PART VI
Article 73 Cases of State succession, State responsibility
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
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
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
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
1. The functions of a depositary, unless otherwise provided in the treaty
or agreed by the contracting States, comprise in particular:
keeping custody of the original text of the treaty and of any full powers delivered to the depositary; 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; receiving any signatures to the treaty and receiving and keeping custody of any instruments, notifications and communications relating to it; 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; informing the parties and the States entitled to become parties to the treaty of acts, notifications and communications relating to the treaty; 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; registering the treaty with the Secretariat of the United Nations; performing the functions specified in other provisions of the present
Convention.
Article 78
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:
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; 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; 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
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:
by having the appropriate correction made in the text and causing the correction to be initialled by duly authorized representatives; by executing or exchanging an instrument or instruments setting out the correction which it has been agreed to make; or by executing a corrected text of the whole treaty by the same procedure
as in the case of the original text.
no objection has been raised, the depositary shall make and initial the correction in the text and shall execute a procЉs-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; an objection has been raised, the depositary shall communicate the objection
to the signatory States and to the contracting States.
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
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
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
The present Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article 83
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
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
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.
ANNEX
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:
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 one conciliator not of the nationality of that State or of any of those
States, who shall be chosen from the list.
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. * Vienna Convention on the law of
treaties (with annex) was concluded at Vienna on 23 May 1969 and came into
force on 27 January 1980.
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