Vienna Convention on Succession of States in Respect of Treaties 6

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Vienna Convention on Succession of States in Respect of Treaties

 

Article 36

Participation in treaties not in force at the date of the succession of
States in cases of separation of parts of a State

1. Subject to paragraphs 3 and 4, a successor State falling under article 34,
paragraph 1, 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, the predecessor State was a contracting State to
the treaty in respect of the territory to which the succession of States
relates.

2. Subject to paragraphs 3 and 4, a successor State falling under article 34,
paragraph 1, 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 the predecessor State was a contracting State to the
treaty in respect of the territory to which the 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 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.

Article 37

Participation in cases of separation of parts of a State in treaties signed
by the predecessor State subject to ratification, acceptance or approval

1. Subject to paragraphs 2 and 3, if before the date of the succession of
States the predecessor State had signed a multilateral treaty subject to
ratification, acceptance or approval and the treaty, if it had been in force at
that date, would have applied in respect of the territory to which the
succession of States relates, a successor State falling under article 34,
paragraph 1, 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.

Article 38

Notifications

1. Any notification under articles 31, 32 or 36 shall be made in writing.

2. If the notification 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 shall:

(a) be transmitted by the successor 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 successor 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 or any communication made in connection
therewith by the successor State.

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

PART V

MISCELLANEOUS PROVISIONS

Article 39

Cases of State responsibility and outbreak of hostilities

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

Article 40

Cases of military occupation

The provisions of the present Convention shall not prejudge any question that
may arise in regard to a treaty from the military occupation of a territory.

PART VI

SETTLEMENT OF DISPUTES

Article 41

Consultation and negotiation

If a dispute regarding the interpretation or application of the present
Convention arises between two or more Parties to the Convention, they shall,
upon the request of any of them, seek to resolve it by a process of consultation
and negotiation.

Article 42

Conciliation

If the dispute is not resolved within six months of the date on which the
request referred to in article 41 has been made, any party to the dispute may
submit it to the conciliation procedure specified in the Annex to the present
Convention by submitting a request to that effect to the Secretary-General of
the United Nations and informing the other party or parties to the dispute of
the request.

Article 43

Judicial settlement and arbitration

Any State at the time of signature or ratification of the present Convention
or accession thereto or at any time thereafter, may, by notification to the
depositary, declare that, where a dispute has not been resolved by the
application of the procedures referred to in articles 41 and 42, that dispute
may be submitted for a decision to the International Court of Justice by a
written application of any party to the dispute, or in the alternative to
arbitration, provided that the other party to the dispute has made a like
declaration.

Article 44

Settlement by common consent

Notwithstanding articles 41, 42 and 43, if a dispute regarding the
interpretation or application of the present Convention arises between two or
more Parties to the Convention, they may by common consent agree to submit it to
the International Court of Justice, or to arbitration, or to any other
appropriate procedure for the settlement of disputes.

Article 45

Other provisions in force for the settlement of disputes

Nothing in articles 41 to 44 shall affect the rights or obligations of the
Parties to the present Convention under any provisions in force binding them
with regard to the settlement of disputes.

PART VII

FINAL PROVISIONS

Article 46

Signature

The present Convention shall be open for signature by all States until 28
February 1979 at the Federal Ministry for Foreign Affairs of the Republic of
Austria, and subsequently, until 31 August 1979, at United Nations Headquarters
in New York.

Article 47

Ratification

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

Article 48

Accession

The present Convention shall remain open for accession by any State. The
instruments of accession shall be deposited with the Secretary-General of the
United Nations.

Article 49

Entry into force

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

2. For each State ratifying or acceding to the Convention after the deposit of
the fifteenth 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 50

Authentic texts

The original of the present Convention, of which the Arabic, 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 August, one thousand nine hundred
and seventy-eight.

Conclusion

Notes

See Also

References and Further Reading

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