Vienna Convention on Succession of States in Respect of Treaties 4

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Vienna Convention on Succession of States in Respect of Treaties

 

SECTION 3. BILATERAL TREATIES

Article 24

Conditions under which a treaty is considered as being in force in the case
of a succession of States

1. A bilateral treaty which at the date of a succession of States was in force
in respect of the territory to which the succession of States relates is
considered as being in force between a newly independent State and the other
State party when:

(a) they expressly so agree; or

(b) by reason of their conduct they are to be considered as having so agreed.

2. A treaty considered as being in force under paragraph 1 applies in the
relations between the newly independent State and the other State party from the
date of the succession of States, unless a different intention appears from
their agreement or is otherwise established.

Article 25

The position as between the predecessor State and the newly independent State

A treaty which under article 24 is considered as being in force between a
newly independent State and the other State party is not by reason only of that
fact to be considered as being in force also in the relations between the
predecessor State and the newly independent State.

Article 26

Termination, suspension of operation or amendment of the treaty as between
the predecessor State and the other State party

1. When under article 24 a treaty is considered as being in force between a
newly independent State and the other State party, the treaty:

(a) does not cease to be in force between them by reason only of the fact
that it has subsequently been terminated as between the predecessor State and
the other State party;

(b) is not suspended in operation as between them by reason only of the fact
that it has subsequently been suspended in operation as between the predecessor
State and the other State party;

(c) is not amended as between them by reason only of the fact that it has
subsequently been amended as between the predecessor State and the other State
party.

2. The fact that a treaty has been terminated or, as the case may be, suspended
in operation as between the predecessor State and the other State party after
the date of the succession of States does not prevent the treaty from being
considered to be in force or, as the case may be, in operation as between the
newly independent State and the other State party if it is established in
accordance with article 24 that they so agreed.

3. The fact that a treaty has been amended as between the predecessor State and
the other State party after the date of the succession of States does not
prevent the unamended treaty from being considered to be in force under article
24 as between the newly independent State and the other State party, unless it
is established that they intended the treaty as amended to apply between them.

SECTION 4. PROVISIONAL APPLICATION

Article 27

Multilateral treaties

1. If, at the date of the succession of States, a multilateral treaty was in
force in respect of the territory to which the succession of States relates and
the newly independent State gives notice of its intention that the treaty should
be applied provisionally in respect of its territory, that treaty shall apply
provisionally between the newly independent State and any party which expressly
so agrees or by reason of its conduct is to be considered as having so agreed.

2. Nevertheless, in the case of a treaty which falls within the category
mentioned in article 17, paragraph 3, the consent of all the parties to such
provisional application is required.

3. If, at the date of the succession of States, a multilateral treaty not yet in
force was being applied provisionally in respect of the territory to which the
succession of States relates and the newly independent State gives notice of its
intention that the treaty should continue to be applied provisionally in respect
of its territory, that treaty shall apply provisionally between the newly
independent State and any contracting State which expressly so agrees or by
reason of its conduct is to be considered as having so agreed.

4. Nevertheless, in the case of a treaty which falls within the category
mentioned in article 17, paragraph 3, the consent of all the contracting States
to such continued provisional application is required.

5. Paragraphs 1 to 4 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.

Article 28

Bilateral treaties

A bilateral treaty which at the date of a succession of States was in force
or was being provisionally applied in respect of the territory to which the
succession of States relates is considered as applying provisionally between the
newly independent State and the other State concerned when:

(a) they expressly so agree; or

(b) by reason of their conduct they are to be considered as having so agreed.

Article 29

Termination of provisional application

1. Unless the treaty otherwise provides or it is otherwise agreed, the
provisional application of a multilateral treaty under article 27 may be
terminated:

(a) by reasonable notice of termination given by the newly independent State
or the party or contracting State provisionally applying the treaty and the
expiration of the notice; or

(b) in the case of a treaty which falls within the category mentioned in
article 17, paragraph 3, by reasonable notice of termination given by the newly
independent State or all of the parties or, as the case may be, all of the
contracting States and the expiration of the notice.

2. Unless the treaty otherwise provides or it is otherwise agreed, the
provisional application of a bilateral treaty under article 28 may be terminated
by reasonable notice of termination given by the newly independent State or the
other State concerned and the expiration of the notice.

3. Unless the treaty provides for a shorter period for its termination or it is
otherwise agreed, reasonable notice of termination shall be twelve months’
notice from the date on which it is received by the other State or States
provisionally applying the treaty.

4. Unless the treaty otherwise provides or it is otherwise agreed, the
provisional application of a multilateral treaty under article 27 shall be
terminated if the newly independent State gives notice of its intention not to
become a party to the treaty.

SECTION 5. NEWLY INDEPENDENT STATES FORMED FROM TWO OR MORE TERRITORIES

Article 30

Newly independent States formed from two or more territories

1. Articles 16 to 29 apply in the case of a newly independent State formed from
two or more territories.

2. When a newly independent State formed from two or more territories
is considered as or becomes a party to a treaty by virtue of article 17, 18 or
24 and at the date of the succession of States the treaty was in force, or
consent to be bound had been given, in respect of one or more, but not all, of
those territories, the treaty shall apply in respect of the entire territory of
that State unless:

(a) it appears from the treaty or is otherwise established that the
application of the treaty in respect of the entire territory would be
incompatible with the object and purpose of the treaty or would radically change
the conditions for its operation;

(b) in the case of a multilateral treaty not falling under article 17,
paragraph 3, or under article 18, paragraph 4, the notification of succession is
restricted to the territory in respect of which the treaty was in force at the
date of the succession of States, or in respect of which consent to be bound
by the treaty had been given prior to that date;

(c) in the case of a multilateral treaty falling under article 17, paragraph
3, or under article 18, paragraph 4, the newly independent State and the other
States parties or, as the case may be, the other contracting States otherwise
agree; or

(d) in the case of a bilateral treaty, the newly independent State and the
other State concerned otherwise agree.

3. When a newly independent State formed from two or more territories becomes a
party to a multilateral treaty under article 19 and by the signature or
signatures of the predecessor State or States it had been intended that the
treaty should extend to one or more, but not all, of those territories, the
treaty shall apply in respect of the entire territory of the newly independent
State unless:

(a) it appears from the treaty or is otherwise established that the
application of the treaty in respect of the entire territory would be
incompatible with the object and purpose of the treaty or would radically change
the conditions for its operation;

(b) in the case of a multilateral treaty not falling under article 19,
paragraph 4, the ratification, acceptance or approval of the treaty is
restricted to the territory or territories to which it was intended that the
treaty should extend; or

(c) in the case of a multilateral treaty falling under article 19, paragraph
4, the newly independent State and the other States parties or, as the case may
be, the other contracting States otherwise agree.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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