CONVENTION ON THE LAW OF TREATIES
BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS
The Parties to the present Convention,
Considering the fundamental role of treaties in the
history of international relations,
Recognizing the consensual nature of treaties and their
ever-increasing importance as a source of international law,
Noting that the principles of free consent and of good
faith and the pacta sunt servanda rule are universally recognized,
Affirming the importance of enhancing the process of
codification and progressive development of international law at a universal level,
Believing that the codification and progressive
development of the rules relating to treaties between States and international
organizations or between international organizations are means of enhancing legal order in
international relations and of serving the purposes of the United Nations,
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,
Bearing in mind the provisions of the Vienna Convention on
the Law of Treaties of 1969,
Recognizing the relationship between the law of treaties
between States and the law of treaties between States and international organizations or
between international organizations,
Considering the importance of treaties between States and
international organizations or between international organizations as a useful means of
developing international relations and ensuring conditions for peaceful cooperation among
nations, whatever their constitutional and social systems,
Having in mind the specific features of treaties to which
international organizations are parties as subjects of international law distinct from
States,
Noting that international organizations possess the
capacity to conclude treaties which is necessary for the exercise of their functions and
the fulfillment of their purposes,
Recognizing that the practice of international
organizations in concluding treaties with States or between themselves should be in
accordance with their constituent instruments,
Affirming that nothing in the present Convention should be
interpreted as affecting those relations between an international organization and its
members which are regulated by the rules of the organization,
Affirming also that disputes (concerning treaties, like
other international disputes, should be settled, in conformity with the Charter of the
United Nations, by peaceful means and in conformity with the principles of justice and
international law,
Affirming also 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: (a) treaties between
one or more States and one or more international organizations, and (b) treaties between
international organizations.
Article 2
Use of terms
1. For the purposes of the present Convention: (a)
"treaty" means an international agreement governed by international law and
concluded in written form: (i) between one or more States and one or more international
organizations; or (ii) between international organizations, whether that agreement is
embodied in a single instrument or in two or more related instruments and whatever its
particular designation; (b) "ratification" means the international act so named
whereby a State establishes on the international plane its consent to be bound by a
treaty; (b bis) "act of formal confirmation" means an international act
corresponding to that of ratification by a State, whereby an international organization
establishes on the international plane its consent to be bound by a treaty; (b ter)
"acceptance", "approval" and "accession" mean in each case
the international act so named whereby a State or an international organization
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 or from
the competent organ of an international organization designating a person or persons to
represent the State or the organization for negotiating, adopting or authenticating the
text of a treaty, for expressing the consent of the State or of the organization 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 or by an international organization when signing, ratifying, formally confirming,
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 or
to that organization; (e) "negotiating State" and "negotiating
organization" mean respectively: (i) a State, or (ii) an international organization,
which took part in the drawing up and adoption of the text of the treaty; (f)
"contracting State" and "contracting organization" mean respectively:
(i) a State, or (ii) an international organization, which has consented to be bound by the
treaty, whether or not the treaty has entered into force; (g) "party" means a
State or an international organization which has consented to be bound by the treaty and
for which the treaty is in force; (h) "third State" and "third
organization" mean respectively: (i) a State, or (ii) an international organization,
not a party to the treaty; (i) "international organization" means an
intergovernmental organization; (j) "rules of the organization" means, in
particular, the constituent instruments, decisions and resolutions adopted in accordance
with them, and established practice of the 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 or in the rules of
any international organization.
Article 3
International agreements not within the scope of the present Convention
The fact that the present Convention does not apply: (i)
to international agreements to which one or more States, one or more international
organizations and one or more subjects of international law other than States or
organizations are parties; (ii) to international agreements to which one or more
international organizations and one or more subjects of international law other than
States or organizations are parties; (iii) to international agreements not in written form
between one or more States and one or more international organizations, or between
international organizations; or (iv) to international agreements between subjects of
international law other than States or international organizations; 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
between States and international organizations or to the relations of organizations as
between themselves, when those relations are governed by 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 between one or more States and one or
more international organizations or between international organizations would be subject
under international law independently of the Convention, the Convention applies only to
such treaties concluded after the entry into force of the present Convention with regard
to those States and those organizations.
Article 5
Treaties constituting international organizations and treaties adopted within an
international organization
The present Convention applies to any treaty between one
or more States and one or more international organizations 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 international organizations to conclude treaties
The capacity of an international organization to conclude
treaties is governed by the rules of that organization.
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) that person produces
appropriate full powers; or (b) it appears from practice or from other circumstances that
it was the intention of the States and international organizations concerned to consider
that person as representing the State for such purposes without having to produce 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 between one or more States and
one or more international organizations; (b) representatives accredited by States to an
international conference, for the purpose of adopting the text of a treaty between States
and international organizations; (c) representatives accredited by States to an
international organization or one of its organs, for the purpose of adopting the text of a
treaty in that organization or organ; (d) heads of permanent missions to an international
organization, for the purpose of adopting the text of a treaty between the accrediting
States and that organization.
3. A person is considered as representing an international
organization for the purpose of adopting or authenticating the text of a treaty, or
expressing the consent of that organization to be bound by a treaty if: (a) that person
produces appropriate full powers; or (b) it appears from the circumstances that it was the
intention of the States and international organizations concerned to consider that person
as representing the organization for such purposes, in accordance with the rules of the
organization, without having to produce full powers.
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 or an
international organization for that purpose is without legal effect unless afterwards
confirmed by that State or that organization.
Article 9
Adoption of the text
1. The adoption of the text of a treaty takes place by the
consent of all the states and international organizations or, as the case may be, all the
organizations 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 in accordance with the procedure agreed upon by the
participants in that conference. If, however, no agreement is reached on any such
procedure, the adoption of the text shall take place by the vote of two-thirds of the
participants present and voting unless by the same majority they shall decide to apply a
different rule.
Article 10
Authentication of the text
1. The text of a treaty between one or more States and one
or more international organizations is established as authentic and definitive: (a) by
such procedure as may be provided for in the text or agreed upon by the States and
organizations participating in its drawing up; or (b) failing such procedure, by the
signature, signature ad referendum or initialling by the representatives of those States
and those organizations of the text of the treaty or of the Final Act of a conference
incorporating the text.
2. The text of a treaty between international
organizations is established as authentic and definitive: (a) by such procedure as may be
provided for in the text or agreed upon by the organizations participating in its drawing
up; or (b) failing such procedure, by the signature, signature ad referendum or
initialling by the representatives of those organizations 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
1. 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.
2. The consent of an international organization to be
bound by a treaty may be expressed by signature, exchange of instruments constituting a
treaty, act of formal confirmation, 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 or of an international
organization to be bound by a treaty is expressed by the signature of the representative
of that State or of that organization when: (a) the treaty provides that signature shall
have that effect; (b) it is otherwise established that the negotiating States and
negotiating organizations or, as the case any be, the negotiating organizations were
agreed that signature should have that effect; or (c) the intention of the State or
organization 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 and negotiating organizations or, as the case may be, the negotiating organizations
so agreed; (b) the signature ad referendum of a treaty by the representative of a State or
an international organization, if confirmed by his State or organization, 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 or of international organizations 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 and those organizations or,
as the case may be, those organizations were agreed that the exchange of instruments
should have that effect.
Article 14
Consent to be bound by a treaty expressed by ratification, act of formal
confirmation, acceptance or approval
1. The consent of a State to be bound by at 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 and
negotiating organizations 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 an international organization to be
bound by a treaty is expressed by an act of formal confirmation when: (a) the treaty
provides for such consent to be expressed by means of an act of formal confirmation; (b)
it is otherwise established that the negotiating States and negotiating organizations or,
as the case may be, the negotiating organizations were agreed that an act of formal
confirmation should be required; (c) the representative of the organization has signed the
treaty subject to an act of formal confirmation; or (d) the intention of the organization
to sign the treaty subject to an act of formal confirmation appears from the full powers
of its representative or was expressed during the negotiation.
3. The consent of a State or of an international
organization to be bound by a treaty is expressed by acceptance or approval under
conditions similar to those which apply to ratification or, as the case may be, to an act
of formal confirmation.
Article 15
Consent to be bound by a treaty expressed by accession
The consent of a State or of an international organization
to be bound by a treaty is expressed by accession when: (a) the treaty provides that such
consent may be expressed by that State or that organization by means of accession; (b) it
is otherwise established that the negotiating States and negotiating organizations or, as
the case amy be, the negotiating organizations were agreed that such consent may be
expressed by that State or that organization by means of accession; or (c) all the parties
have subsequently agreed that such consent may be expressed by that State or that
organization by means of accession.
Article 16
Exchange or deposit of instruments of ratification, formal confirmation,
acceptance, approval or accession
1. Unless the treaty otherwise provides, instruments of
ratification, instruments relating to an act of formal confirmation or instruments of
acceptance, approval or accession establish the consent of a State or of an international
organization to be bound by treaty between one or more States and one or more
international organizations upon: (a) their exchange between the contracting States and
contracting organizations; (b) their deposit with the depositary; or (c) their
notification to the contracting States and to the contracting organizations or to the
depositary, if so agreed.
2. Unless the treaty otherwise provides, instruments
relating to an act of formal confirmation or instruments of acceptance, approval or
accession establish the consent of an international organization to be bound by a treaty
between international organizations upon: (a) their exchange between the contracting
organizations; (b) their deposit with the depositary; or (c) their notification to the
contracting organizations or to the depositary, if so 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 or of an international organization to be bound by part of a treaty is effective
only if the treaty so permits, or if the contracting States and contracting organizations
or, as the case may be, the contracting organizations so agree.
2. The consent of a State or of an international
organization 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 or an international organization is obliged to
refrain from acts which would defeat the object and purpose of a treaty when: (a) that
State or that organization has signed the treaty or has exchanged instruments constituting
the treaty subject to ratification, act of formal confirmation, acceptance or approval,
until that State or that organization shall have made its intention clear not to become a
party to the treaty; or (b) that State or that organization 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 or an international organization may, when
signing, ratifying, formally confirming, 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 contracting States and contracting organizations
or, as the case may be, by the contracting organizations unless the treaty so provides.
2. When it appears from the limited number of the
negotiating States and negotiating organizations or, as the case may be, of the
negotiating organizations 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 of a reservation by a contracting
State or by a contracting organization constitutes the reserving State or international
organization a party to the treaty in relation to the accepting State or organization if
or when the treaty is in force for the reserving State or organization and for the
accepting State or organization; (b) an objection by a contracting State or by a
contracting organization to a reservation does not preclude the entry into force of the
treaty as between the objecting State or international organization and the reserving
State or organization unless a contrary intention is definitely expressed by the objecting
State or organization; (c) an act expressing the consent of a State or of an international
organization to be bound by the treaty and containing a reservation is effective as soon
as at least one contracting State or one contracting organization 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 or
an international organization 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 or
international organization 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 or international organization.
2. The reservation does not modify the provisions of the
treaty for the other parties to the treaty inter se.
3. When a State or an international organization objecting
to a reservation has not opposed the entry into force of the treaty between itself and the
reserving State or organization, the provisions to which the reservation relates do not
apply as between the reserving State or organization and the objecting State or
organization 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 or of an international organization
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 a
contracting State or a contracting organization only when notice of it has been received
by that State or that organization; (b) the withdrawal of an objection to a reservation
becomes operative only when notice of it has been received by the State or international
organization 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 contracting organizations and other States and international
organizations entitled to become parties to the treaty.
2. If formulated when signing the treaty subject to
ratification, act of formal confirmation, acceptance or approval, a reservation must be
formally confirmed by the reserving State or international organization 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 and negotiating organizations or, as
the case may be, the negotiating organizations 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 and negotiating organizations or, as the case may be, all the
negotiating organizations.
3. When the consent of a State or of an international
organization 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 or that organization on that date,
unless the treaty otherwise provides.
4. The provisions of a treaty regulating the
authentication of its text, the establishment of consent 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 and negotiating organizations or, as the case may be, the negotiating organizations
have in some other manner so agreed.
2. Unless the treaty otherwise provides or the negotiating
States and negotiating organizations or, as the case may be, the negotiating organizations
have otherwise agreed, the provisional application of a treaty or a part of a treaty with
respect to a State or an international organization shall be terminated if that State or
that organization notifies the States and organizations with regard to 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 of States, rules of international organizations and observance
of treaties
1. A State party to a treaty may not invoke the provisions
of its internal law as justification for its failure to perform the treaty.
2. An international organization party to a treaty may not
invoke the rules of the organization as justification for its failure to perform the
treaty.
3. The rules contained in the preceding paragraphs are
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 between one or more States and one or more international
organizations is binding upon each State party in respect of its entire territory.
Article 30
Application of successive treaties relating to the same subject-matter
1. The rights and obligations of States and international
organizations 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 later treaty.
4. When the parties to the later treaty do not include all
the parties to the earlier one: (a) as between two parties, each of which is a party to
both treaties, the same rule applies as in paragraph 3; (b) as between at party to both
treaties and a party to only one of the treaties, the treaty to which both 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 or for an
international organization from the conclusion or application of a treaty the provisions
of which are incompatible with its obligations towards a State or an organization under
another treaty.
6. The preceding paragraphs are without prejudice to the
fact that, in the event of a conflict between obligations under the Charter of the United
Nations and obligations under a treaty, the obligations under the Charter shall prevail.
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 connection
with the conclusion of the treaty; (b) any instrument which was made by one or more
parties in connection 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 a 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 OR
THIRD ORGANIZATIONS
Article 34
General rule regarding third States and third organizations
A treaty does not create either obligations or rights for
a third State or a third organization without the consent of that State or that
organization.
Article 35
Treaties providing for obligations for third States or third organizations
An obligation arises for a third State or a third
organization 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 or the third
organization expressly accepts that obligation in writing. Acceptance by the third
organization of such an obligation shall be governed by the rules of that organization.
Article 36
Treaties providing for rights for third States or third organizations
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 right arises for a third organization from a
provision of a teaty if the parties to the treaty intend the provision to accord that
right either to the third organization, or to a group of international organizations to
which it belongs, or to all organizations, and the third organization assents thereto. Its
assent shall be governed by the rules of the organization.
3. A State or an international organization exercising a
right in accordance with paragraph 1 or 2 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 or third
organizations
1. When an obligation has arisen for a third State or a
third organization 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 or the
third organization, unless it is established that they had otherwise agreed.
2. When a right has arisen for a third State or a third
organization 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 or the third organization.
3. The consent of an international organization party to
the treaty or of a third organization, as provided for in the foregoing paragraphs, shall
be governed by the rules of that organization.
Article 38
Rules in a treaty becoming binding on third States or third organizations
through international custom
Nothing in articles 34 to 37 precludes a rule set forth in
a treaty from becoming binding upon a third State or a third organization 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
1. 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.
2. The consent of an international organization to an
agreement provided for in paragraph 1 shall be governed by the rules of that organization.
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 and all the contracting
organizations, 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 or international organization 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 or
international organization 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 or
organization.
5. Any State or international organization 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 or that organization: (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
or an international organization 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 or of any international organization to fulfil any
obligation embodied in the treaty to which that State or that organization 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 or
international organization 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
1. 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.
2. An international organization 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 the conduct of the
competent organ be considered as having renounced the right to invoke that ground.
SECTION 2. INVALIDITY OF TREATIES
Article 46
Provisions of internal law of a State and rules of an international
organization 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. An international organization may not invoke the fact
that its consent to be bound by a treaty has been expressed in violation of the rules of
the organization regarding competence to conclude treaties as invalidating its consent
unless that violation was manifest and concerned a rule of fundamental importance.
3. A violation is manifest if it would be objectively
evident to any State or any international organization conducting itself in the matter in
accordance with the normal practice of States and, where appropriate, of international
organizations and in good faith.
Article 47
Specific restrictions on authority to express the consent of a State or an
international organization
If the authority of a representative to express the
consent of a State or of an international organization 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 negotiating States and negotiating organizations prior to his expressing
such consent.
Article 48
Error
1. A State or an international organization 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 or that organization to
exist at the time when the treaty was concluded and formed an essential basis of the
consent of that State or that organization to be bound by the treaty.
2. Paragraph 1 shall not apply if the State or
international organization in question contributed by its own conduct to the error or if
the circumstances were such as to put that State or that organization 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 80 then applies.
Article 49
Fraud
A State or an international organization induced to
conclude a treaty by the fraudulent conduct of a negotiating State or a negotiating
organization may invoke the fraud as invalidating its consent to be bound by the treaty.
Article 50
Corruption of a representative of a State or of an international
organization
A State or an international organization the expression of
whose consent to be bound by a treaty has been procured through the corruption of its
representative directly or indirectly by a negotiating State or a negotiating organization
may invoke such corruption as invalidating its consent to be bound by the treaty.
Article 51
Coercion of a representative of a State or of an international organization
The expression by a State or an international organization
of consent to be bound by a treaty which has been procured by the coercion of the
representative of that State or that organization through acts or threats directed against
him shall be without any legal effect.
Article 52
Coercion of a State or of an international organization 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 contracting States and contracting
organizations.
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
contracting States and contracting organizations.
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 international organization, 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 or international organization; (c) any
party other than the defaulting State or international organization 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 between two or more
States and one or more international organizations if the treaty establishes a boundary.
3. A fundamental change of circumstances may not be
invoked as a ground for terminating or withdrawing from a treaty 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.
4. 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
States parties to a treaty between two or more States and one or more international
organizations does not affect the legal relations established between those States by the
treaty except in so far as the existence of diplomatic or consular relations is
indispensable for the application of the treaty.
Article 64
Emergence of a new peremptory norm of general international law (jus cogens)
If a new peremptory norm of general international law
emerges, any existing treaty which is in conflict with that norm becomes void and
terminates.
SECTION 4. PROCEDURE
Article 65
Procedure to be followed with respect to invalidity, termination, withdrawal
from or suspension of the operation of a treaty
1. A party which, under the provisions of the present
Convention, invokes either a defect in its consent to be bound by a treaty or a ground for
impeaching the validity of a treaty, terminating it, withdrawing from it or suspending its
operation, must notify the other parties of its claim. The notification shall indicate the
measure proposed to be taken with respect to the treaty and the reasons therefor.
2. If, after the expiry of a period which, except in cases
of special urgency, shall not be less than three months after the receipt of the
notification, no party has raised any objection, the party making the notification may
carry out in the manner provided in article 67 the measure which it has proposed.
3. If, however, objection has been raised by any other
party, the parties shall seek a solution through the means indicated in Article 33 of the
Charter of the United Nations.
4. The notification or objection made by an international
organization shall be governed by the rules of that organization.
5. 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.
6. Without prejudice to article 45, the fact that a State
or an international organization 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
1. If, under paragraph 3 of article 65, no solution has
been reached within a period of twelve months following the date on which the objection
was raised, the procedures specified in the following paragraphs shall be followed.
2. With respect to a dispute concerning the application or
the interpretation of article 53 or 64: (a) if a State is a party to the dispute with one
or more States, it may, by a written application, submit the dispute to the International
Court of Justice for a decision; (b) if a State is a party to the dispute to which one or
more international organizations are parties, the State may, through a Member State of the
United Nations if necessary, request the General Assembly or the Security Council or,
where appropriate, the competent organ of an international organization which is a party
to the dispute and is authorized in accordance with Article 96 of the Charter of the
United Nations, to request an advisory opinion of the International Court of Justice in
accordance with article 65 of the Statute of the Court; (c) if the United Nations or an
international organization that is authorized in accordance with Article 96 of the Charter
of the United Nations is a party to the dispute, it may request an advisory opinion of the
International Court of Justice in accordance with article 65 of the Statute of the Court;
(d) if an international organization other than those referred to in sub-paragraph (c) is
a party to the dispute, it may, through a Member State of the United Nations, follow the
procedure specified in sub-paragraph (b); (e) the advisory opinion given pursuant to
sub-paragraph (b), (c) or (d) shall be accepted as decisive by all the parties to the
dispute concerned; (f) if the request under sub-paragraph (b), (c) or (d) for an advisory
opinion of the Court is not granted, any one of the parties to the dispute may, by written
notification to the other party or parties, submit it to arbitration in accordance with
the provisions of the Annex to the present Convention.
3. The provisions of paragraph 2 apply unless all the
parties to a dispute referred to in that paragraph by common consent agree to submit the
dispute to an arbitration procedure, including the one specified in the Annex to the
present Convention.
4. With respect to a dispute concerning the application or
the interpretation of any of the articles in Part V, other than articles 53 and 64, of the
present Convention, any one of the parties to the dispute may set in motion the
conciliation procedure specified in the Annex 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 emanating from a State 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. If the instrument
emanates from an international organization, the representative of the organization
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 the consent of a
particular State or a particular international organization to be bound by a multilateral
treaty, the foregoing rules apply in the relations between that State or that organization
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 it State or an international organization denounces
or withdraws from a multilateral treaty, paragraph 1 applies in the relations between that
State or that organization 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
Relationship to the Vienna Convention on the Law of Treaties
As between States parties to the Vienna Convention on the
Law of Treaties of 1969, the relations of those States under a treaty between two or more
States and one or more international organizations shall be governed by that Convention.
Article 74
Questions not prejudged by the present Convention
1. The provisions of the present Convention shall not
prejudge any question that may arise in regard to a treaty between one or more States and
one or more international organizations from a succession of States or from the
international responsibility of a State or from the outbreak of hostilities between
States.
2. The provisions of the present Convention shall not
prejudge any question that may arise in regard to a treaty from the international
responsibility of an international organization, from the termination of the existence of
the organization or from the termination of participation by a State in the membership of
the organization.
3. The provisions of the present Convention shall not
prejudge any question that may arise in regard to the establishment of obligations and
rights for States members of an international organization under a treaty to which that
organization is a party.
Article 75
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
two or more of those States and one or more international organizations. The conclusion of
such a treaty does not in itself affect the situation in regard to diplomatic or consular
relations.
Article 76
Case of an aggressor State
The provisions of the present Convention are without
prejudice to any obligation in relation to a treaty between one or more States and one or
more international organizations 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 77
Depositaries of treaties
1. The designation of the depositary of a treaty may be
made by the negotiating States and negotiating organizations or, as the case may be, the
negotiating organizations, 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 or an
international organization and a depositary with regard to the performance of the latter's
functions shall not affect that obligation.
Article 78
Functions of depositaries
1. The functions of a depositary, unless otherwise
provided in the treaty or agreed by the contracting States and contracting organizations
or, as the case may be, by the contracting organizations, 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 and international orgaizations 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 or international organization in question; (e) informing the
parties and the States and international organizations entitled to become parties to the
treaty of acts, notifications and communications relating to the treaty; (f) informing the
States and international organizations entitled to become parties to the treaty when the
number of signatures or of instruments of ratification, instruments relating to an act of
formal confirmation, or of instruments of 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 or an international organization and the depositary as to the performance of the
latter's functions, the depositary shall bring the question to the attention of: (a) the
signatory States and organizations and the contracting States and contracting
organizations; or (b) where appropriate, the competent organ of the international
organization concerned.
Article 79
Notifications and communications
Except as the treaty or the present Convention otherwise
provide, any notification or communication to be made by any State or any international
organization under the present Convention shall: (a) if there is no depositary, be
transmitted direct to the States and organizations for which it is intended, or if there
is a depositary, to the latter; (b) be considered as having been nude by the State or
organization in question only upon its receipt by the State or organization 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 or organization for
which it was intended only when the latter State or organization has been informed by the
depositary in accordance with article 78, paragraph 1(e).
Article 80
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 international organizations and the contracting States
and contracting organizations are agreed that it contains an error, the error shall,
unless those States and organizations 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 international organizations
and the contracting States and contracting organizations 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 and organizations entitled to become parties to the
treaty; (b) an objection has been raised, the depositary shall communicate the objection
to the signatory States and organizations and to the contracting States and contracting
organizations.
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 international organizations and the
contracting States and contracting organizations agree should be corrected. 4. The
corrected text replaces the defective text ab initio, unless the signatory States and
international organizations and the contracting States and contracting organizations
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 international organizations and to
the contracting States and contracting organizations.
Article 81
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 82
Signature
The present Convention shall be open for signature until
31 December 1986 at the Federal Ministry for Foreign Affairs of the Republic of Austria,
and subsequently, until 30 June 1987, at United Nations Headquarters, New York by: (a) all
States; (b) Namibia, represented by the United Nations Council for Namibia; (c)
international organizations invited to participate in the United Nations Conference on the
Law of Treaties between States and International Organizations or between International
Organizations.
Article 83
Ratification or act of formal confirmation
The present Convention is subject to ratification by
States and by Namibia, represented by the United Nations Council for Namibia, and to acts
of formal confirmation by international organizations. The instruments of ratification and
those relating to acts of formal confirmation shall be deposited with the
Secretary-General of the United Nations.
Article 84
Accession
1. The present Convention shall remain open for accession
by any State, by Namibia, represented by the United Nations Council for Namibia, and by
any international organization which has the capacity to conclude treaties.
2. An instrument of accession of an international
organization shall contain a declaration that it has the capacity to conclude treaties. 3.
The instruments of accession shall be deposited with the Secretary-General of the United
Nations.
Article 85
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 by States or by Namibia, represented by the United Nations Council for
Namibia.
2. For each State or for Namibia, represented by the
United Nations Council for Namibia, ratifying or acceding to the Convention after the
condition specified in paragraph 1 has been fulfilled, the Convention shall enter into
force on the thirtieth day after deposit by such State or by Namibia of its instrument of
ratification or accession.
3. For each international organization depositing an
instrument relating to an act of formal confirmation or an instrument of accession, the
Convention shall enter into force on the thirtieth day after such deposit, or at the date
the Convention enters into force pursuant to paragraph 1, whichever is later.
Article 86
Authentic texts
The original of the present Convention, of which the
Arabic, 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 by their respective Governments, and duly authorized representatives
of the United Nations Council for Namibia and of international organizations have signed
the present Convention.
DONE at VIENNA this twenty-first day of March one thousand
nine hundred and eighty-six.
[Signatures not reproduced here]
A N N E X
ARBITRATION AND CONCILIATION PROCEDURES
ESTABLISHED IN APPLICATION OF ARTICLE 66
I. ESTABLISHMENT OF THE ARBITRAL TRIBUNAL
OR CONCILIATION COMMISSION
1. A list consisting of qualified jurists, from which the
parties to a dispute may choose the persons who are to constitute an arbitral tribunal or,
as the case may be, a conciliation commission, 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 and every party to the present Convention shall be invited to nominate two
persons, and the names of the persons so nominated shall constitute the list, a copy of
which shall be transmitted to the President of the International Court of Justice. The
term of office of a person on the list, including that of any person nominated to fill a
casual vacancy, shall be five years and may be renewed. A person whose term expires shall
continue to fulfil any function for which he shall have been chosen under the following
paragraphs.
2. When notification has been made under article 66,
paragraph 2, sub-paragraph (f), or agreement on the procedure in the present Annex has
been reached under paragraph 3, the dispute shall be brought before an arbitral tribunal.
When a request has been made to the Secretary-General under article 66, paragraph 4, the
Secretary-General shall bring the dispute before a conciliation commission. Both the
arbitral tribunal and the conciliation commission shall be constituted as follows: The
States, international organizations or, as the case may be, the States and organizations
which constitute one of the parties to the dispute shall appoint by common consent: (a)
one arbitrator or, as the case may be, one conciliator, who may or may not be chosen from
the list referred to in paragraph 1; and (b) one arbitrator or, as the case may be, one
conciliator, who shall be chosen from among those included in the list and shall not be of
the nationality of any of the States or nominated by any of the organizations which
constitute that party to the dispute, provided that a dispute between two international
organizations is not considered by nationals of one and the same State. The States,
international organizations or, as the case may be, the States and organizations which
constitute the other party to the dispute shall appoint two arbitrators or, as the case
may be, two conciliators, in the same way. The four persons chosen by the parties shall be
appointed within sixty days following the date on which the other party to the dispute
receives notification under article 66, paragraph 2, sub-paragraph (f), or on which the
agreement on the procedure in the present Annex under paragraph 3 is reached, or on which
the Secretary-General receives the request for conciliation. The four persons so chosen
shall, within sixty days following the date of the last of their own appointments, appoint
from the list a fifth arbitrator or, as the case may be, conciliator, who shall be
chairman. If the appointment of the chairman, or any of the arbitrators or, as the case
may be, conciliators, has not been made within the period prescribed above for such
appointment, it shall be made by the Secretary-General of the United Nations 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. If the United Nations is a party or is
included in one of the parties to the dispute, the Secretary-General shall transmit the
above-mentioned request to the President of the International Court of Justice, who shall
perform the functions conferred upon the Secretary-General under this sub-paragraph. Any
vacancy shall be filled in the manner prescribed for the initial appointment. The
appointment of arbitrators or conciliators by an international organization provided for
in paragraphs 1 and 2 shall be governed by the rules of that organization.
II. FUNCTIONING OF THE ARBITRAL TRIBUNAL
3. Unless the parties to the dispute otherwise agree, the
Arbitral Tribunal shall decide its own procedure, assuring to each party to the dispute a
full opportunity to be heard and to present its case.
4. The Arbitral Tribunal, with the consent of the parties
to the dispute, may invite any interested State or international organization to submit to
it its views orally or in writing.
5. Decisions of the Arbitral Tribunal shall be adopted by
a majority vote of the members. In the event of an equality of votes, the vote of the
Chairman shall be decisive.
6. When one of the parties to the dispute does not appear
before the Tribunal or fails to defend its case, the other party may request the Tribunal
to continue the proceedings and to make its award. Before making its award, the Tribunal
must satisfy itself not only that it has jurisdiction over the dispute but also that the
claim is well founded in fact and law.
7. The award of the Arbitral Tribunal shall be confined to
the subject-matter of the dispute and state the reasons on which it is based. Any member
of the Tribunal may attach a separate or dissenting opinion to the award.
8. The award shall be final and without appeal. It shall
be complied with by all parties to the dispute.
9. The Secretary-General shall provide the Tribunal with
such assistance and facilities as it may require. The expenses of the Tribunal shall be
borne by the United Nations.
III. FUNCTIONING OF THE CONCILIATION
COMMISSION
10. 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.
11. The Commission may draw the attention of the parties
to the dispute to any measures which might facilitate an amicable settlement.
12. 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.
13. 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.
14. 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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