Vienna Convention on Succession of States in Respect of Treaties 3

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Vienna Convention on Succession of States in Respect of Treaties

 

SECTION 2. MULTILATERAL TREATIES

Article 17

Participation in treaties in force at the date of the succession of States

1. Subject to paragraphs 2 and 3, a newly independent State may, by a
notification of succession, establish its status as a party to any multilateral
treaty which at the date of the succession of States was in force in respect of
the territory to which the succession of States relates.

2. Paragraph 1 does not apply if it appears from the treaty or is otherwise
established that the application of the treaty in respect of the newly
independent State would be incompatible with the object and purpose of the
treaty or would radically change the conditions for its operation.

3. When, under the terms of the treaty or by reason of the limited number of the
negotiating States and the object and purpose of the treaty, the participation
of any other State in the treaty must be considered as requiring the consent of
all the parties, the newly independent State may establish its status as a party
to the treaty only with such consent.

Article 18

Participation in treaties not in force at the date of the succession of
States

1. Subject to paragraphs 3 and 4, a newly independent State may, by a
notification of succession, establish its status as a contracting State to a
multilateral treaty which is not in force if at the date of the succession of
States the predecessor State was a contracting State in respect of the territory
to which that succession of States relates.

2. Subject to paragraphs 3 and 4, a newly independent State may, by a
notification of succession, establish its status as a party to a multilateral
treaty which enters into force after the date of the succession of States if at
the date of the succession of States the predecessor State was a contracting
State in respect of the territory to which that succession of States relates.

3. Paragraphs 1 and 2 do not apply if it appears from the treaty or is otherwise
established that the application of the treaty in respect of the newly
independent State would be incompatible with the object and purpose of the
treaty or would radically change the conditions for its operation.

4. When, under the terms of the treaty or by reason of the limited
number of the negotiating States and the object and purpose of the treaty, the
participation of any other State in the treaty must be considered as requiring
the consent of all the parties or of all the contracting States, the newly
independent State may establish its status as a party or as a contracting State
to the treaty only with such consent.

5. When a treaty provides that a specified number of contracting States shall be
necessary for its entry into force, a newly independent State which establishes
its status as a contracting State to the treaty under paragraph 1 shall be
counted as a contracting State for the purpose of that provision unless a
different intention appears from the treaty or is otherwise established.

Article 19

Participation in treaties signed by the predecessor State subject to
ratification, acceptance or approval

1. Subject to paragraphs 3 and 4, if before the date of the succession of
States the predecessor State signed a multilateral treaty subject to
ratification, acceptance or approval and by the signature intended that the
treaty should extend to the territory to which the succession of States relates,
the newly independent State may ratify, accept or approve the treaty as if it
had signed that treaty and may thereby become a party or a contracting State to
it.

2. For the purpose of paragraph 1, unless a different intention appears from the
treaty or is otherwise established, the signature by the predecessor State of a
treaty is considered to express the intention that the treaty should extend to
the entire territory for the international relations of which the predecessor
State was responsible.

3. Paragraph 1 does not apply if it appears from the treaty or is otherwise
established that the application of the treaty in respect of the newly
independent State would be incompatible with the object and purpose of the
treaty or would radically change the conditions for its operation.

4. When, under the terms of the treaty or by reason of the limited number of the
negotiating States and the object and purpose of the treaty, the participation
of any other State in the treaty must be considered as requiring the consent of
all the parties or of all the contracting States, the newly independent State
may become a party or a contracting State to the treaty only with such consent.

Article 20

Reservations

1. When a newly independent State establishes its status as a party or as a
contracting State to a multilateral treaty by a notification of succession under
article 17 or 18, it shall be considered as maintaining any reservation to that
treaty which was applicable at the date of the succession of States in respect
of the territory to which the succession of States relates unless, when making
the notification of succession, it expresses a contrary intention or formulates
a reservation which relates to the same subject-matter as that reservation.

2. When making a notification of succession establishing its status as a party
or as a contracting State to a multilateral treaty under article 17 or 18, a
newly independent State may formulate a reservation unless the reservation is
one the formulation of which would be excluded by the provisions of
sub-paragraph (a), (b) or (c) of article 19 of the Vienna Convention on the Law
of Treaties.

3. When a newly independent State formulates a reservation in conformity with
paragraph 2, the rules set out in articles 20 to 23 of the Vienna Convention on
the Law of Treaties apply in respect of that reservation.

Article 21

Consent to be bound by part of a treaty and choice between differing
provisions

1. When making a notification of succession under article 17 or 18 establishing
its status as a party or contracting State to a multilateral treaty, a newly
independent State may, if the treaty so permits, express its consent to be bound
by part of the treaty or make a choice between differing provisions under the
conditions laid down in the treaty for expressing such consent or making such
choice.

2. A newly independent State may also exercise, under the same conditions as the
other parties or contracting States, any right provided for in the treaty to
withdraw or modify any consent expressed or choice made by itself or by the
predecessor State in respect of the territory to which the succession of States
relates.

3. If the newly independent State does not in conformity with paragraph 1
express its consent or make a choice, or in conformity with paragraph 2 withdraw
or modify the consent or choice of the predecessor State, it shall be considered
as maintaining:

(a) the consent of the predecessor State, in conformity with the
treaty, to be bound, in respect of the territory to which the succession of
States relates, by part of that treaty; or

(b) the choice of the predecessor State, in conformity with the treaty,
between differing provisions in the application of the treaty in respect of the
territory to which the succession of States relates.

Article 22

Notification of succession

1. A notification of succession in respect of a multilateral treaty under
article 17 or 18 shall be made in writing.

2. If the notification of succession 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.

3. Unless the treaty otherwise provides, the notification of succession shall:

(a) be transmitted by the newly independent State to the depositary, or, if
there is no depositary, to the parties or the contracting States;

(b) be considered to be made by the newly independent State on the date on
which it is received by the depositary or, if there is no depositary, on the
date on which it is received by all the parties or, as the case may be, by all
the contracting States.

4. Paragraph 3 does not affect any duty that the depositary may have, in
accordance with the treaty or otherwise, to inform the parties or the
contracting States of the notification of succession or any communication made
in connection therewith by the newly independent State.

5. Subject to the provisions of the treaty, the notification of succession or
the communication made in connection therewith shall be considered as received
by the State for which it is intended only when the latter State has been
informed by the depositary.

Article 23

Effects of a notification of succession

1. Unless the treaty otherwise provides or it is otherwise agreed, a newly
independent State which makes a notification of succession under article 17 or
article 18, paragraph 2, shall be considered a party to the treaty from the date
of the succession of States or from the date of entry into force of the
treaty, whichever is the later date.

2. Nevertheless, the operation of the treaty shall be considered as suspended as
between the newly independent State and the other parties to the treaty until
the date of making of the notification of succession except in so far as that
treaty may be applied provisionally in accordance with article 27 or as may be
otherwise agreed.

3. Unless the treaty otherwise provides or it is otherwise agreed, a newly
independent State which makes a notification of succession under article 18,
paragraph 1, shall be considered a contracting State to the treaty from the date
on which the notification of succession is made.

 

Conclusion

Notes

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References and Further Reading

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Author: international

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