# منتدى حقوق الإنسان > حقوق الإنسان > Human Rights >  Vienna Convention on the Law of Treaties

## سالي جمعة

[align=left]  
 [align=center]  *Vienna    Convention on the Law of Treaties, 1155 U.N.T.S. 331, 8 I.L.M. 679, entered    into force Jan. 27, 1980* [/align]*.*

  
  _The States Parties to the present    Convention_,   
 _Considering_ the fundamental role of treaties in the history of international  relations, 

 _ Recognizing_ the ever-increasing importance of treaties as a source    of international law and as a means of developing peaceful co-operation among    nations, whatever their constitutional and social systems, 

 _Noting_ that the principles of free consent and of good faith and the  _pacta sunt servanda_ rule are universally  recognized, 


 _Affirming_ that disputes concerning treaties, like other international  disputes, should be settled by peaceful means and in conformity with the principles  of justice and international law, 

 _ Recalling_ the determination of the peoples of the United Nations    to establish conditions under which justice and respect for the obligations    arising from treaties can be maintained, 

 _Having in mind_ the principles of international law embodied in the Charter  of the United Nations, such as the principles of the equal rights and self-determination  of peoples, of the sovereign equality and independence of all States, of non-interference  in the domestic affairs of States, of the prohibition of the threat or use of  force and of universal respect for, and observance of, human rights and fundamental  freedoms for all, 

 _ Believing_ that the codification and progressive development of the    law of treaties achieved in the present Convention will promote the purposes    of the United Nations set forth in the Charter, namely, the maintenance of international    peace and security, the development of friendly relations and the achievement    of co-operation among nations, 

 _Affirming_ that the rules of customary international law will continue  to govern questions not regulated by the provisions of the present Convention,  

  _ Have agreed as follows_:      
 PART I 

  INTRODUCTION 

 _Article 1_ 

  Scope of the present Convention 

 The present Convention applies to treaties between States.    _Article 2_   
 Use of terms 

  1. For the purposes of the present Convention:   
 a. "treaty" means an international agreement concluded between States  in written form and governed by international law, whether embodied in a single  instrument or in two or more related instruments and whatever its particular designation;  

  b. "ratification", "acceptance", "approval"    and "accession" mean in each case the international act so named whereby    a State establishes on the international plane its consent to be bound by a    treaty;   
 c. "full powers" means a document emanating from the competent authority  of a State designating a person or persons to represent the State for negotiating,  adopting or authenticating the text of a treaty, for expressing the consent of  the State to be bound by a treaty, or for accomplishing any other act with respect  to a treaty; 

  d. "reservation" means a unilateral statement, however phrased or    named, made by a State, when signing, ratifying, accepting, approving or acceding    to a treaty, whereby it purports to exclude or to modify the legal effect of    certain provisions of the treaty in their application to that State;   
 e. "negotiating State" means a State which took part in the drawing  up and adoption of the text of the treaty; 

  f. "contracting State" means a State which has consented to be bound    by the treaty, whether or not the treaty has entered into force;   
 g. "party" means a State which has consented to be bound by the treaty  and for which the treaty is in force; 

  h. "third State" means a State not a party to the treaty;   
 i. "international organization" means an intergovernmental organization.  

  2. The provisions of paragraph 1 regarding the use of terms in the present    Convention are without prejudice to the use of those terms or to the meanings    which may be given to them in the internal law of any State.   
 _Article 3_ 

  International agreements not within the scope of the present Convention  The fact that the present Convention does not apply to international agreements    concluded between States and other subjects of international law or between    such other subjects of international law, or to international agreements not    in written form, shall not affect: 

   a. The legal force of such agreements; 

   b. The application to them of any of the rules set forth in the present Convention    to which they would be subject under international law independently of the    Convention; 

   c. The application of the Convention to the relations of States as between themselves    under international agreements to which other subjects of international law    are also parties. 

_Article 4_ 

   Non-retroactivity of the present Convention 

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

_Article 5_   Treaties constituting international organizations and treaties adopted within    an international organization   The present Convention applies to any treaty which is the constituent instrument  of an international organization and to any treaty adopted within an international  organization without prejudice to any relevant rules of the organization. 

  PART II   
 CONCLUSION AND ENTRY INTO FORCE OF TREATIES 

  SECTION 1. CONCLUSION OF TREATIES   
 _Article 6_ 

 Capacity of States to conclude treaties 

 Every State possesses capacity to conclude treaties. 

  _Article 7_   
 Full powers 

 1. A person is considered as representing a State for the purpose of adopting  or authenticating the text of a treaty or for the purpose of expressing the Consent  of the State to be bound by a treaty if: 

 a. He produces appropriate full powers; or 

 b. It appears from the practice of the States concerned or from other circumstances  that their intention was to consider that person as representing the State for  such purposes and to dispense with full powers. 

  2. In virtue of their functions and without having to produce full powers,    the following are considered as representing their State: 

 a. Heads of State, Heads of Government and Ministers for Foreign Affairs, for  the purpose of performing all acts relating to the conclusion of a treaty; 

 b. Heads of diplomatic missions, for the purpose of adopting the text of a treaty  between the accrediting State and the State to which they are accredited; 

 c. Representatives accredited by States to an international conference or to an  international organization or one of its organs, for the purpose of adopting the  text of a treaty in that conference, organization or organ. 

 _Article 8_ 

 Subsequent confirmation of an act performed without authorization 

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

  _ Article 9_   
 Adoption of the text 

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

 2. The adoption of the text of a treaty at an international conference takes place  by the vote of twothirds 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 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 to be bound    by part of a treaty is effective only if the treaty so permits or the other    contracting States so agree. 

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

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

  A State is obliged to refrain from acts which would defeat the object and    purpose of a treaty when: 

 a. It has signed the treaty or has exchanged instruments constituting the treaty  subject to ratification, acceptance or approval, until it shall have made its  intention clear not to become a party to the treaty; or 

 b. It has expressed its consent to be bound by the treaty, pending the entry into  force of the treaty and provided that such entry into force is not unduly delayed.  

  SECTION 2. RESERVATIONS 

 _Article 19_ 

 Formulation of reservations 

 A State may, when signing, ratifying, accepting, approving or acceding to a treaty,  formulate a reservation unless: 

 a. The reservation is prohibited by the treaty; 

 b. The treaty provides that only specified reservations, which do not include  the reservation in question, may be made; or 

 c. In cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible  with the object and purpose of the treaty. 

 _Article 20_ 

 Acceptance of and objection to reservations 

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

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


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

  4. In cases not falling under the preceding paragraphs and unless the treaty    otherwise provides: 

 a. Acceptance by another contracting State of a reservation constitutes the reserving  State a party to the treaty in relation to that other State if or when the treaty  is in force for those States; 

  b. An objection by another contracting State to a reservation does not preclude    the entry into force of the treaty as between the objecting and reserving States    unless a contrary intention is definitely expressed by the objecting State;  

 c. An act expressing a State's consent to be bound by the treaty and containing  a reservation is effective as soon as at least one other contracting State has  accepted the reservation. 

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

 _Article 21_ 

  Legal effects of reservations and of objections to reservations 

 1. A reservation established with regard to another party in accordance with articles  19, 20 and 23: 

  a. Modifies for the reserving State in its relations with that other party    the provisions of the treaty to which the reservation relates to the extent    of the reservation; and 

 b. Modifies those provisions to the same extent for that other party in its relations  with the reserving State. 

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

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

 _ Article 22_ 
 Withdrawal of reservations and of objections to reservations 

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

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

  3. Unless the treaty otherwise provides, or it is otherwise agreed: 

 a. The withdrawal of a reservation becomes operative in relation to another contracting  State only when notice of it has been received by that State; 

  b. The withdrawal of an objection to a reservation becomes operative only    when notice of it has been received by the State which formulated the reservation.  


 _Article 23_ 

  Procedure regarding reservations 


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

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

 3. An express acceptance of, or an objection to, a reservation made previously  to confirmation of the reservation does not itself require confirmation.

  4. The withdrawal of a reservation or of an objection to a reservation must    be formulated in writing. 
 SECTION 3. ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES 

 _Article 24_ 

  Entry into force 

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

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

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

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

 _Article 25_ 

  Provisional application 

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

  a. The treaty itself so provides; or 

 b. The negotiating States have in some other manner so agreed. 

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

 PART III 

  OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES 

 SECTION 1. OBSERVANCE OF TREATIES 

 _ Article 26_ 

 _Pacta sunt servanda_ 

  Every treaty in force is binding upon the parties to it and must be performed    by them in good faith. 


 _Article 27_ 

  Internal law and observance of treaties 

 A party may not invoke the provisions of its internal law as justification for  its failure to perform a treaty. This rule is without prejudice to article 46.  

  SECTION 2. APPLICATION OF TREATIES 

 _Article 28_ 

  Non-retroactivity of treaties 

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

  _ Article 29_   
 Territorial scope of treaties 

  Unless a different intention appears from the treaty or is otherwise established,    a treaty is binding upon each party in respect of its entire territory.   
 _Article 30_ 

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

  2. When a treaty specifies that it is subject to, or that it is not to be    considered as incompatible with, an earlier or later treaty, the provisions    of that other treaty prevail.   
 3. When all the parties to the earlier treaty are parties also to the later treaty  but the earlier treaty is not terminated or suspended in operation under article  59, the earlier treaty applies only to the extent that its provisions are compatible  with those of the latter treaty. 

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

  b. As between a State party to both treaties and a State party to only one    of the treaties, the treaty to which both States are parties governs their mutual    rights and obligations.   
 5. Paragraph 4 is without prejudice to article 41, or to any question of the termination  or suspension of the operation of a treaty under article 60 or to any question  of responsibility which may arise for a State from the conclusion or application  of a treaty, the provisions of which are incompatible with its obligations towards  another State under another treaty. 

  SECTION 3. INTERPRETATION OF TREATIES   
 _Article 31_ 

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

  2. The context for the purpose of the interpretation of a treaty shall comprise,    in addition to the text, including its preamble and annexes:   
 a. Any agreement relating to the treaty which was made between all the parties  in connexion with the conclusion of the treaty; 

  b. Any instrument which was made by one or more parties in connexion with    the conclusion of the treaty and accepted by the other parties as an instrument    related to the treaty.   
 3. There shall be taken into account, together with the context: 

  a. Any subsequent agreement between the parties regarding the interpretation    of the treaty or the application of its provisions;   
 b. Any subsequent practice in the application of the treaty which establishes  the agreement of the parties regarding its interpretation; 

  c. Any relevant rules of international law applicable in the relations between    the parties.   
 4. A special meaning shall be given to a term if it is established that the parties  so intended. 

  _ Article 32_   
 Supplementary means of interpretation 

  Recourse may be had to supplementary means of interpretation, including the    preparatory work of the treaty and the circumstances of its conclusion, in order    to confirm the meaning resulting from the application of article 31, or to determine    the meaning when the interpretation according to article 31:  
 a. Leaves the meaning ambiguous or obscure; or 

  b. Leads to a result which is manifestly absurd or unreasonable.   
 _Article 33_ 

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

  2. A version of the treaty in a language other than one of those in which    the text was authenticated shall be considered an authentic text only if the    treaty so provides or the parties so agree.   
 3. The terms of the treaty are presumed to have the same meaning in each authentic  text. 

  4. Except where a particular text prevails in accordance with paragraph 1,    when a comparison of the authentic texts discloses a difference of meaning which    the application of articles 31 and 32 does not remove, the meaning which best    reconciles the texts, having regard to the object and purpose of the treaty,    shall be adopted.   
 SECTION 4. TREATIES AND THIRD STATES 

  _Article 34_   
 General rule regarding third States 

  A treaty does not create either obligations or rights for a third State without    its consent. 

 _Article 35_ 

  Treaties providing for obligations for third States 

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

  _ Article 36_   
 Treaties providing for rights for third States 

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

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

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

  1. When an obligation has arisen for a third State in conformity with article    35, the obligation may be revoked or modified only with the consent of the parties    to the treaty and of the third State, unless it is established that they had    otherwise agreed.   
 2. When a right has arisen for a third State in conformity with article 36, the  right may not be revoked or modified by the parties if it is established that  the right was intended not to be revocable or subject to modification without  the consent of the third State. 

  _ Article 38_    Rules in a treaty becoming binding  on third States through international custom 

  Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming    binding upon a third State as a customary rule of international law, recognized    as such. 

 PART IV 

  AMENDMENT AND MODIFICATION OF TREATIES 

 _Article 39_ 

 General rule regarding the amendment of treaties 

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

 _Article 40_ 

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

 2. Any proposal to amend a multilateral treaty as between all the parties must  be notified to all the contracting States, each one of which shall have the right  to take part in: 

 a. The decision as to the action to be taken in regard to such proposal; 

  b. The negotiation and conclusion of any agreement for the amendment of the    treaty. 

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

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

 5. Any State which becomes a party to the treaty after the entry into force of  the amending agreement shall, failing an expression of a different intention by  that State: 

  a. Be considered as a party to the treaty as amended; and 

 b. Be considered as a party to the unamended treaty in relation to any party to  the treaty not bound by the amending agreement. 

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

  1. Two or more of the parties to a multilateral treaty may conclude an agreement    to modify the treaty as between themselves alone if:   
 a. The possibility of such a modification is provided for by the treaty; or 

  b. The modification in question is not prohibited by the treaty and:   
 i. Does not affect the enjoyment by the other parties of their rights under the  treaty or the performance of their obligations; 


 ii. Does not relate to a provision, derogation from which is incompatible with  the effective execution of the object and purpose of the treaty as a whole. 

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

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

  SECTION 1. GENERAL PROVISIONS   
 _Article 42_ 

  Validity and continuance in force of treaties   
 1. The validity of a treaty or of the consent of a State to be bound by a treaty  may be impeached only through the application of the present Convention. 

  2. The termination of a treaty, its denunciation or the withdrawal of a party,    may take place only as a result of the application of the provisions of the    treaty or of the present Convention. The same rule applies to suspension of    the operation of a treaty.   
 _Article 43_ 

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

  _Article 44_   
 Separability of treaty provisions 

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


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

  3. If the ground relates solely to particular clauses, it may be invoked only    with respect to those clauses where: 

 a. The said clauses are separable from the remainder of the treaty with regard  to their application; 

  b. It appears from the treaty or is otherwise established that acceptance    of those clauses was not an essential basis of the consent of the other party    or parties to be bound by the treaty as a whole; and 

 c. Continued performance of the remainder of the treaty would not be unjust. 

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

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

  _Article 45_   
 Loss of a right to invoke a ground for invalidating, terminating, withdrawing  from or suspending the operation of a treaty 
 A State may no longer invoke a ground for invalidating, terminating, withdrawing  from or suspending the operation of a treaty under articles 46 to 50 or articles  60 and 62 if, after becoming aware of the facts: 

  a. It shall have expressly agreed that the treaty is valid or remains in force    or continues in operation, as the case may be; or 

 b. It must by reason of its conduct be considered as having acquiesced in the  validity of the treaty or in its maintenance in force or in operation, as the  case may be. 

  SECTION 2. INVALIDITY OF TREATIES 

 _Article 46_ 

  Provisions of internal law regarding competence to conclude treaties 

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

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

 _Article 47_ 

  Specific restrictions on authority to express the consent of a State 

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

 _Article 48_ 

  Error 

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

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

 3. An error relating only to the wording of the text of a treaty does not affect  its validity; article 79 then applies. 

  _ Article 49_   
 Fraud 

  If a State has been induced to conclude a treaty by the fraudulent conduct    of another negotiating State, the State may invoke the fraud as invalidating    its consent to be bound by the treaty. 

 _Article 50_ 

  Corruption of a representative of a State 

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

  _ Article 51_   
 Coercion of a representative of a State 

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

 _Article 52_ 

  Coercion of a State by the threat or use of force 

 A treaty is void if its conclusion has been procured by the threat or use of force  in violation of the principles of international law embodied in the Charter of  the United Nations. 

  _Article 53_   
 Treaties conflicting with a peremptory norm of general international law "_jus  cogens"_ 

  A treaty is void if, at the time of its conclusion, it conflicts with a peremptory    norm of general international law. For the purposes of the present Convention,    a peremptory norm of general international law is a norm accepted and recognized    by the international community of States as a whole as a norm from which no    derogation is permitted and which can be modified only by a subsequent norm    of general international law having the same character. 

 SECTION 3. TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES 

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

  The termination of a treaty or the withdrawal of a party may take place:   
 a. In conformity with the provisions of the treaty; or 

  b. At any time by consent of all the parties after consultation with the other    contracting States.   

 _Article 55_ 

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

  _Article 56_   

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

  1. A treaty which contains no provision regarding its termination and which    does not provide for denunciation or withdrawal is not subject to denunciation    or withdrawal unless: 

 a. It is established that the parties intended to admit the possibility of denunciation  or withdrawal; or 

  b. A right of denunciation or withdrawal may be implied by the nature of the    treaty. 

 2. A party shall give not less than twelve months' notice of its intention to  denounce or withdraw from a treaty under paragraph 1. 

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

  The operation of a treaty in regard to all the parties or to a particular    party may be suspended: 

 a. In conformity with the provisions of the treaty; or 

  b. At any time by consent of all the parties after consultation with the other    contracting States. 

 _Article 58_ 

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

 1. Two or more parties to a multilateral treaty may conclude an agreement to suspend  the operation of provisions of the treaty, temporarily and as between themselves  alone, if: 

  a. The possibility of such a suspension is provided for by the treaty; or  

 b. The suspension in question is not prohibited by the treaty and: 

  i. Does not affect the enjoyment by the other parties of their rights under    the treaty or the performance of their obligations; 

 ii. Is not incompatible with the object and purpose of the treaty. 

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

 _Article 59_ 

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

 1. A treaty shall be considered as terminated if all the parties to it conclude  a later treaty relating to the same subject-matter and: 

  a. It appears from the later treaty or is otherwise established that the parties    intended that the matter should be governed by that treaty; or 

 b. The provisions of the later treaty are so far incompatible with those of the  earlier one that the two treaties are not capable of being applied at the same  time. 

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

 _Article 60_ 

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

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

  2. A material breach of a multilateral treaty by one of the parties entitles:  

 a. The other parties by unanimous agreement to suspend the operation of the treaty  in whole or in part or to terminate it either: 

  i. In the relations between themselves and the defaulting State, or 

 ii. As between all the parties; 

  b. A party specially affected by the breach to invoke it as a ground for suspending    the operation of the treaty in whole or in part in the relations between itself    and the defaulting State; 

 c. Any party other than the defaulting State to invoke the breach as a ground  for suspending the operation of the treaty in whole or in part with respect to  itself if the treaty is of such a character that a material breach of its provisions  by one party radically changes the position of every party with respect to the  further performance of its obligations under the treaty. 

  3. A material breach of a treaty, for the purposes of this article, consists    in: 

 a. A repudiation of the treaty not sanctioned by the present Convention; or 

  b. The violation of a provision essential to the accomplishment of the object    or purpose of the treaty. 

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

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


 _Article 61_ 

  Supervening impossibility of performance 

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

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

 _Article 62_ 

  Fundamental change of circumstances 

 1. A fundamental change of circumstances which has occurred with regard to those  existing at the time of the conclusion of a treaty, and which was not foreseen  by the parties, may not be invoked as a ground for terminating or withdrawing  from the treaty unless: 

  a. The existence of those circumstances constituted an essential basis of    the consent of the parties to be bound by the treaty; and 

 b. The effect of the change is radically to transform the extent of obligations  still to be performed under the treaty. 

  2. A fundamental change of circumstances may not be invoked as a ground for    terminating or withdrawing from a treaty: 

 a. If the treaty establishes a boundary; or 

  b. If the fundamental change is the result of a breach by the party invoking    it either of an obligation under the treaty or of any other international obligation    owed to any other party to the treaty. 

 3. If, under the foregoing paragraphs, a party may invoke a fundamental change  of circumstances as a ground for terminating or withdrawing from a treaty it may  also invoke the change as a ground for suspending the operation of the treaty.  

  _ Article 63_   
 Severance of diplomatic or consular relations 

  The severance of diplomatic or consular relations between parties to a treaty    does not affect the legal relations established between them by the treaty except    in so far as the existence of diplomatic or consular relations is indispensable    for the application of the treaty. 


 _Article 64_ 

  Emergence of a new peremptory norm of general international law "_jus    cogens"_ 

 If a new peremptory norm of general international law emerges, any existing treaty  which is in conflict with that norm becomes void and terminates. 

  SECTION 4. PROCEDURE 

 _Article 65_ 

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

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

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

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

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


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

  _Article 66_   

 Procedures for judicial settlement, arbitration and conciliation 

  If, under paragraph 3 of article 65, no solution has been reached within a    period of twelve 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 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 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 article 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 _procès-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 _procès-verbal_    specifying the rectification and communicate a copy of it to the signatory States    and to the contracting States.   
 _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. . . .


 ANNEX 

  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.  [/align]

----------

