CONVENTION ON THE LAW OF TREATIES
The States party 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
- 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.
- 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.
- 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.
- 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.
- 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.
[Signatures not reproduced here]
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.
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