Vienna Convention on the Law of Treaties 2

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Vienna Convention on the Law of Treaties

 

PART I
INTRODUCTION

Article 1

Scope of the present Convention

The present Convention applies to treaties between States.

Article 2

Use of terms

1. For the purposes of the present Convention:
(a) ‘treaty’ means an international agreement concluded between States in
written form and governed by international law, whether embodied in a
single instrument or in two or more related instruments and whatever
its particular designation;
(b) ‘ratification’, ‘acceptance’, ‘approval’ and ‘accession’ mean in each
case the international act so named whereby a State establishes on
the international plane its consent to be bound by a treaty;
(c) ‘full powers’ means a document emanating from the competent authority
of a State designating a person or persons to represent the State for
negotiating, adopting or authenticating the text of a treaty, for
expressing the consent of the State to be bound by a treaty, or for
accomplishing any other act with respect to a treaty;
(d) ‘reservation’ means a unilateral statement, however phrased or named,
made by a State, when signing, ratifying, accepting, approving or
acceding to a treaty, whereby it purports to exclude or to modify the
legal effect of certain provisions of the treaty in their application
to that State;
(e) ‘negotiating State’ means a State which took part in the drawing up
and adoption of the text of the treaty;
(f) ‘contracting State’ means a State which has consented to be bound by
the treaty, whether or not the treaty has entered into force;
(g) ‘party’ means a State which has consented to be bound by the treaty
and for which the treaty is in force;
(h) ‘third State’ means a State not a party to the treaty;
(i) ‘international organization’ means an intergovernmental organization.

2. The provisions of paragraph 1 regarding the use of terms in the present
Convention are without prejudice to the use of those terms or to the
meanings which may be given to them in the internal law of any State.

Article 3

International agreements not within the scope of the
present Convention

The fact that the present Convention does not apply to international
agreements concluded between States and other subjects of international law
or between such other subjects of international law, or to international
agreements not in written form, shall not affect:

(a) the legal force of such agreements;
(b) the application to them of any of the rules set forth in the present
Convention to which they would be subject under international law
independently of the Convention;
(c) the application of the Convention to the relations of States as
between themselves under international agreements to which other
subjects of international law are also parties.

Article 4

Non-retroactivity of the present Convention

Without prejudice to the application of any rules set forth in the present
Convention to which treaties would be subject under international law
independently of the Convention, the Convention applies only to treaties
which are concluded by States after the entry into force of the present
Convention with regard to such States.

Article 5
Treaties constituting international organizations and treaties
adopted within an international organization

The present Convention applies to any treaty which is the constituent
instrument of an international organization and to any treaty adopted
within an international organization without prejudice to any relevant
rules of the organization.

PART II
CONCLUSION AND ENTRY INTO FORCE OF TREATIES

SECTION 1. CONCLUSION OF TREATIES

Article 6

Capacity of States to conclude treaties

Every State possesses capacity to conclude treaties.

Article 7

Full powers

1. A person is considered as representing a State for the purpose of
adopting or authenticating the text of a treaty or for the purpose of
expressing the consent of the State to be bound by a treaty if:

(a) he produces appropriate full powers; or
(b) it appears from the practice of the States concerned or from other
circumstances that their intention was to consider that person as
representing the State for such purposes and to dispense with full
powers.

2. In virtue of their functions and without having to produce full powers,
the following are considered as representing their State:

(a) Heads of State, Heads of Government and Ministers for Foreign
Affairs, for the purpose of performing all acts relating to the
conclusion of a treaty;
(b) heads of diplomatic missions, for the purpose of adopting the text of
a treaty between the accrediting State and the State to which they
are accredited;
(c) representatives accredited by States to an international conference
or to an international organization or one of its organs, for the
purpose of adopting the text of a treaty in that conference,
organization or organ.

Article 8

Subsequent confirmation of an act
performed without authorization

An act relating to the conclusion of a treaty performed by a person who
cannot be considered under article 7 as authorized to represent a State for
that purpose is without legal effect unless afterwards confirmed by that
State.

Article 9

Adoption of the text

1. The adoption of the text of a treaty takes place by the consent of all
the States participating in its drawing up except as provided in paragraph
2.

2. The adoption of the text of a treaty at an international conference
takes place by the vote of two-thirds of the States present and voting,
unless by the same majority they shall decide to apply a different rule.

Article 10

Authentication of the text

The text of a treaty is established as authentic and definitive:

(a) by such procedure as may be provided for in the text or agreed upon
by the States participating in its drawing up; or
(b) failing such procedure, by the signature, signature ad referendum or
initialling by the representatives of those States of the text of the
treaty or of the Final Act of a conference incorporating the text.

Article 11

Means of expressing consent to be bound by a treaty

The consent of a State to be bound by a treaty may be expressed by
signature, exchange of instruments constituting a treaty, ratification,
acceptance, approval or accession, or by any other means if so agreed.

Article 12

Consent to be bound by a treaty expressed by signature

1. The consent of a State to be bound by a treaty is expressed by the
signature of its representative when:
(a) the treaty provides that signature shall have that effect;
(b) it is otherwise established that the negotiating States were agreed
that signature should have that effect; or
(c) the intention of the State to give that effect to the signature
appears from the full powers of its representative or was expressed
during the negotiation.

2. For the purposes of paragraph 1:
(a) the initialling of a text constitutes a signature of the treaty when
it is established that the negotiating States so agreed;
(b) the signature ad referendum of a treaty by a representative, if
confirmed by his State, constitutes a full signature of the treaty.

Article 13

Consent to be bound by a treaty expressed by an exchange of
instruments constituting a treaty

The consent of States to be bound by a treaty constituted by instruments
exchanged between them is expressed by that exchange when:
(a) the instruments provide that their exchange shall have that effect;
or
(b) it is otherwise established that those States were agreed that the
exchange of instruments should have that effect

Article 14

Consent to be bound by a treaty expressed by
ratification, acceptance or approval

1. The consent of a State to be bound by a treaty is expressed by
ratification when:

(a) the treaty provides for such consent to be expressed by means of
ratification;
(b) it is otherwise established that the negotiating States were agreed
that ratification should be required;
(c) the representative of the State has signed the treaty subject to
ratification; or
(d) the intention of the State to sign the treaty subject to ratification
appears from the full powers of its representative or was expressed
during the negotiation.

2. The consent of a State to be bound by a treaty is expressed by
acceptance or approval under conditions similar to those which apply to
ratification.

Article 15

Consent to be bound by a treaty expressed by accession

The consent of a State to be bound by a treaty is expressed by accession
when:

(a) the treaty provides that such consent may be expressed by that State
by means of accession;
(b) it is otherwise established that the negotiating States were agreed
that such consent may be expressed by that State by means of
accession; or
(c) all the parties have subsequently agreed that such consent may be
expressed by that State by means of accession.

Article 16.

Exchange or deposit of instruments of ratification,
acceptance, approval or accession

Unless the treaty otherwise provides, instruments of ratification,
acceptance, approval or accession establish the consent of a State to be
bound by a treaty upon:

(a) their exchange between the contracting States;
(b) their deposit with the depositary; or
(c) their notification to the contracting States or to the depositary, if
50 agreed.

Article 17

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

1. Without prejudice to articles 19 to 23, the consent of a State to be
bound by part of a treaty is effective only if the treaty so permits or the
other contracting States so agree.

2. The consent of a State to be bound by a treaty which permits a choice
between differing provisions is effective only if it is made clear to which
of the provisions the consent relates.

Article 18

Obligation not to defeat the object and purpose of a treaty
prior to its entry into force

A State is obliged to refrain from acts which would defeat the object and
purpose of a treaty when:

(a) it has signed the treaty or has exchanged instruments constituting
the treaty subject to ratification, acceptance or approval, until it
shall have made its intention clear not to become a party to the
treaty; or
(b) it has expressed its consent to be bound by the treaty, pending the
entry into force of the treaty and provided that such entry into
force is not unduly delayed.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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