Vienna Convention on the Law of Treaties

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Vienna Convention on the Law of Treaties

 

PART VI
MISCELLANEOUS PROVISIONS
Article 73

Cases of State succession, State responsibility and
outbreak of hostilities

The provisions of the present Convention shall not prejudge any question
that may arise in regard to a treaty from a succession of States or from
the international responsibility of a State or from the outbreak of
hostilities between States.
Article 74

Diplomatic and consular relations and the conclusion of treaties

The severance or absence of diplomatic or consular relations between two or
more States does not prevent the conclusion of treaties between those
States. The conclusion of a treaty does not in itself affect the situation
in regard to diplomatic or consular relations.
Article 75

Case of an aggressor State

The provisions of the present Convention are without prejudice to any
obligation in relation to a treaty which may arise for an aggressor State
in consequence of measures taken in conformity with the Charter of the
United Nations with reference to that State’s aggression.

PART VII
DEPOSITARIES, NOTIFICATIONS, CORRECTIONS
AND REGISTRATION
Article 76

Depositaries of treaties

1. The designation of the depositary of a treaty may be made by the
negotiating States, either in the treaty itself or in some other manner.
The depositary may be one or more States, an international organization or
the chief administrative officer of the organization.

2. The functions of the depositary of a treaty are international in
character and the depositary is under an obligation to act impartially in
their performance. In particular, the fact that a treaty has not entered
into force between certain of the parties or that a difference has appeared
between a State and a depositary with regard to the performance of the
latter’s functions shall not affect that obligation.
Article 77

Functions of depositaries

1. The functions of a depositary, unless otherwise provided in the treaty
or agreed by the contracting States, comprise in particular:

(a) keeping custody of the original text of the treaty and of any full
powers delivered to the depositary;
(b) preparing certified copies of the original text and preparing any
further text of the treaty in such additional languages as may be
required by the treaty and transmitting them to the parties and to
the States entitled to become parties to the treaty;
(c) receiving any signatures to the treaty and receiving and keeping
custody of any instruments, notifications and communications relating
to it;
(d) examining whether the signature or any instrument, notification or
communication relating to the treaty is in due and proper form and,
if need be, bringing the matter to the attention of the State in
question;
(e) informing the parties and the States entitled to become parties to
the treaty of acts, notifications and communications relating to the
treaty;
(f) informing the States entitled to become parties to the treaty when
the number of signatures or of instruments of ratification,
acceptance, approval or accession required for the entry into force
of the treaty has been received or deposited;
(g) registering the treaty with the Secretariat of the United Nations;
(h) performing the functions specified in other provisions of the present
Convention.

2. In the event of any difference appearing between a State and the
depositary as to the performance of the latter’s functions, the depositary
shall bring the question to the attention of the signatory States and the
contracting States or, where appropriate, of the competent organ of the
international organization concerned.
Article 78

Notifications and communications

Except as the treaty or the present Convention otherwise provide, any
notification or communication to be made by any State under the present
Convention shall:

(a) if there is no depositary, be transmitted direct to the States for
which it is intended, or if there is a depositary, to the latter;
(b) be considered as having been made by the State in question only upon
its receipt by the State to which it was transmitted or, as the case
may be, upon its receipt by the depositary;
(c) if transmitted to a depositary, be considered as received by the
State for which it was intended only when the latter State has been
informed by the depositary in accordance with article 77, paragraph 1
(e).
Article 79

Correction of errors in texts or in certified copies of treaties

1. Where, after the authentication of the text of a treaty, the signatory
States and the contracting States are agreed that it contains an error, the
error shall, unless they decide upon some other means of correction, be
corrected:

(a) by having the appropriate correction made in the text and causing the
correction to be initialled by duly authorized representatives;
(b) by executing or exchanging an instrument or instruments setting out
the correction which it has been agreed to make; or
(c) by executing a corrected text of the whole treaty by the same
procedure as in the case of the original text.

2. Where the treaty is one for which there is a depositary, the latter
shall notify the signatory States and the contracting States of the error
and of the proposal to correct it and shall specify an appropriate
time-limit within which objection to the proposed correction may be raised.
If, on the expiry of the time-limit:

(a) no objection has been raised, the depositary shall make and initial
the correction in the text and shall execute a procŠs-verbal of the
rectification of the text and communicate a copy of it to the parties
and to the States entitled to become parties to the treaty;
(b) an objection has been raised, the depositary shall communicate the
objection to the signatory States and to the contracting States.

3. The rules in paragraphs 1 and 2 apply also where the text has been
authenticated in two or more languages and it appears that there is a lack
of concordance which the signatory States and the contracting States agree
should be corrected.

4. The corrected text replaces the defective text ab initio, unless the
signatory States and the contracting States otherwise decide.

5. The correction of the text of a treaty that has been registered shall be
notified to the Secretariat of the United Nations.

6. Where an error is discovered in a certified copy of a treaty, the
depositary shall execute a procŠs-verbal specifying the rectification and
communicate a copy of it to the signatory States and to the contracting
Slates.
Article 80

Registration and publication of treaties

1. Treaties shall, after their entry into force, be transmitted to the
Secretariat of the United Nations for registration or filing and recording,
as the case may be, and for publication.

2. The designation of a depositary shall constitute authorization for it to
perform the acts specified in the preceding paragraph.

PART VIII
FINAL PROVISIONS
Article 81

Signature

The present Convention shall be open for signature by all States Members of
the United Nations or of any of the specialized agencies or of the
International Atomic Energy Agency or parties to the Statute of the
International Court of Justice, and by any other State invited by the
General Assembly of the United Nations to become a party to the Convention,
as follows: until 30 November 1969, at the Federal Ministry for Foreign
Affairs of the Republic of Austria, and subsequently, until 30 April 1970,
at United Nations Headquarters, New York.
Article 82

Ratification

The present Convention is subject to ratification. The instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
Article 83

Accession
The present Convention shall remain open for accession by any State
belonging to any of the categories mentioned in article 81. The instruments
of accession shall be deposited with the Secretary-General of the United
Nations.
Article 84

Entry into force

1. The present Convention shall enter into force on the thirtieth day
following the date of deposit of the thirty-fifth instrument of
ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit
of the thirty-fifth instrument of ratification or accession, the Convention
shall enter into force on the thirtieth day after deposit by such State of
its instrument of ratification or accession.
Article 85

Authentic texts

The original of the present Convention, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited
with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized
thereto by their respective Governments, have signed the present
Convention.

DONE at Vienna, this twenty-third day of May, one thousand nine hundred and
sixty-nine.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

1958 Convention: Interpretation, Convention on Biological Diversity Part 3, Conventions: Chronological Index 1951-1970, Full Powers in international law, Human Rights Committee Part 5, International Covenant on Civil and Political Rights Part 2, International Law Encyclopedia 10, International human rights law Part 26, International law books, International law index V, International law index, International law topics, International making law in descentralized systems, International trade law3, Investment treaty law and arbitration books, MPEPIL: Law of treaties, MPEPIL: Public Law: V, MPEPIL: Sources, foundations and principles of international law, MPEPIL: Specific treaties and instruments, Outline of Sources of public international law, Parry and Grant Encyclopaedic Dictionary of International Law, Provisional Application and Provisional Entry into Force of Treaties, Statute of the International Court of Justice, Trade law Part 47, Treaties. Bibliography and links.

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