Vienna Convention on Succession of States in Respect of Treaties

 

PART IV

UNITING AND SEPARATION OF STATES

Article 31

Effects of a uniting of States in respect of treaties in force at the date of
the succession of States

1. When two or more States unite and so form one successor State, any treaty in
force at the date of the succession of States in respect of any of them
continues in force in respect of the successor State unless:

(a) the successor State and the other State party or States parties otherwise
agree; or

(b) it appears from the treaty or is otherwise established that the
application of the treaty in respect of the successor State would be
incompatible with the object and purpose of the treaty or would radically change
the conditions for its operation.

2. Any treaty continuing in force in conformity with paragraph 1 shall apply
only in respect of the part of the territory of the successor State in respect
of which the treaty was in force at the date of the succession of States

unless:

(a) in the case of a multilateral treaty not falling within the category
mentioned in article 17, paragraph 3, the successor State makes a notification
that the treaty shall apply in respect of its entire territory;

(b) in the case of a multilateral treaty falling within the category
mentioned in article 17, paragraph 3, the successor State and the other States
parties otherwise agree; or

(c) in the case of a bilateral treaty, the successor State and the other
State party otherwise agree.

3. Paragraph 2(a) does not apply if it appears from the treaty or is otherwise
established that the application of the treaty in respect of the entire
territory of the successor State would be incompatible with the object and
purpose of the treaty or would radically change the conditions for its
operation.

Article 32

Effects of a uniting of States in respect of treaties not in force at the
date of the succession of States

1. Subject to paragraphs 3 and 4, a successor State falling under article 31
may, by making a notification, 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, any of the predecessor States was a contracting State to the treaty.

2. Subject to paragraphs 3 and 4, a successor State falling under article 31
may, by making a notification, establish its status as a party to a multilateral
treaty which enters into force after the date of the succession of States if, at
that date, any of the predecessor States was a contracting State to the
treaty.

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 successor State
would be incompatible with the object and purpose of the treaty or would
radically change the conditions for its operation.

4. If the treaty is one falling within the category mentioned in article 17,
paragraph 3, the successor State may establish its status as a party or as a
contracting State to the treaty only with the consent of all the parties or of
all the contracting States.

5. Any treaty to which the successor State becomes a contracting State or a
party in conformity with paragraph 1 or 2 shall apply only in respect of the
part of the territory of the successor State in respect of which consent to be
bound by the treaty had been given prior to the date of the succession of
States unless:

(a) in the case of a multilateral treaty not falling within the category
mentioned in article 17, paragraph 3, the successor State indicates in its
notification made under paragraph 1 or 2 that the treaty shall apply in respect
of its entire territory; or

(b) in the case of a multilateral treaty falling within the category
mentioned in article 17, paragraph 3, the successor State and all the parties
or, as the case may be, all the contracting States otherwise agree.

6. Paragraph 5(a) does not apply if it appears from the treaty or is otherwise
established that the application of the treaty in respect of the entire
territory of the successor State would be incompatible with the object and
purpose of the treaty or would radically change the conditions for its
operation.

Article 33

Effects of a uniting of States in respect of treaties signed by a predecessor
State subject to ratification, acceptance or approval

1. Subject to paragraphs 2 and 3, if before the date of the succession of
States one of the predecessor States had signed a multilateral treaty subject to
ratification, acceptance or approval, a successor State falling under article 31
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. 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 successor State
would be incompatible with the object and purpose of the treaty or would
radically change the conditions for its operation.

3. If the treaty is one falling within the category mentioned in article 17,
paragraph 3, the successor State may become a party or a contracting State to
the treaty only with the consent of all the parties or of all the contracting
States.

4. Any treaty to which the successor State becomes a party or a contracting
State in conformity with paragraph 1 shall apply only in respect of the part of
the territory of the successor State in respect of which the treaty was signed
by one of the predecessor States unless:

(a) in the case of a multilateral treaty not falling within the category
mentioned in article 17, paragraph 3, the successor State when ratifying,
accepting or approving the treaty gives notice that the treaty shall apply in
respect of its entire territory; or

(b) in the case of a multilateral treaty falling within the category
mentioned in article 17, paragraph 3, the successor State and all the parties
or, as the case may be, all the contracting States otherwise agree.

5. Paragraph 4(a) does not apply if it appears from the treaty or is otherwise
established, that the application of the treaty in respect of the entire
territory of the successor State would be incompatible with the object and
purpose of the treaty or would radically change the conditions for its
operation.

Article 34

Succession of States in cases of separation of parts of a State

1. When a part or parts of the territory of a State separate to form one or more
States, whether or not the predecessor State continues to exist:

(a) any treaty in force at the date of the succession of States in respect of
the entire territory of the predecessor State continues in force in respect of
each successor State so formed;

(b) any treaty in force at the date of the succession of States in respect
only of that part of the territory of the predecessor State which has become a
successor State continues in force in respect of that successor State alone.

2. Paragraph 1 does not apply if:

(a) the States concerned otherwise agree; or

(b) it appears from the treaty or is otherwise established that the
application of the treaty in respect of the successor State would be
incompatible with the object and purpose of the treaty or would radically change
the conditions for its operation.

Article 35

Position if a State continues after separation of part of its territory

When, after separation of any part of the territory of a State, the
predecessor State continues to exist, any treaty which at the date of the
succession of States was in force in respect of the predecessor State continues
in force in respect of its remaining territory unless:

(a) the States concerned otherwise agree;

(b) It is established that the treaty related only to the territory which has
separated from the predecessor State; or

(c) it appears from the treaty or is otherwise established that the
application of the treaty in respect of the predecessor State would be
incompatible with the object and purpose of the treaty or would radically change
the conditions for its operation.

 

Author: international