Vienna Convention on the Law of Treaties 5

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Vienna Convention on the Law of Treaties

 

SECTION 4. TREATIES AND THIRD STATES

Article 34
General rule regarding third States

A treaty does not create either obligations or rights for a third State
without its consent.

Article 35
Treaties providing for obligations for third States

An obligation arises for a third State from a provision of a treaty if the
parties to the treaty intend the provision to be the means of establishing
the obligation and the third State expressly accepts that obligation in
writing.

Article 36
Treaties providing for rights for third States

1. A right arises for a third State from a provision of a treaty if the
parties to the treaty intend the provision to accord that right either to
the third State, or to a group of States to which it belongs, or to all
States, and the third State assents thereto. Its assent shall be presumed
so long as the contrary is not indicated, unless the treaty otherwise
provides.

2. A State exercising a right in accordance with paragraph 1 shall comply
with the conditions for its exercise provided for in the treaty or
established in conformity with the treaty.

Article 37
Revocation or modification of obligations or rights of third States

1. When an obligation has arisen for a third State in conformity with
article 35, the obligation may be revoked or modified only with the consent
of the parties to the treaty and of the third State, unless it is
established that they had otherwise agreed.

2. When a right has arisen for a third State in conformity with article 36,
the right may not be revoked or modified by the parties if it is
established that the right was intended not to be revocable or subject to
modification without the consent of the third State.

Article 38
Rules in a treaty becoming binding on third States
through international custom

Nothing in articles 34 to 37 precludes a rule set forth in a treaty from
becoming binding upon a third State as a customary rule of international
law, recognized as such.
PART IV

AMENDMENT AND MODIFICATION
OF TREATIES

Article 39
General rule regarding the amendment of treaties

A treaty may be amended by agreement between the parties. The rules laid
down in Part II apply to such an agreement except in so far as the treaty
may otherwise provide.

Article 40
Amendment of multilateral treaties

1. Unless the treaty otherwise provides, the amendment of multilateral
treaties shall be governed by the following paragraphs.

2. Any proposal to amend a multilateral treaty as between all the parties
must be notified to all the contracting States, each one of which shall
have the right to take part in:

(a) the decision as to the action to be taken in regard to such proposal;
(b) the negotiation and conclusion of any agreement for the amendment of
the treaty.

3. Every State entitled to become a party to the treaty shall also be
entitled to become a party to the treaty as amended.

4. The amending agreement does not bind any State already a party to the
treaty which does not become a party to the amending agreement; article 30,
paragraph 4(b), applies in relation to such State.

5. Any State which becomes a party to the treaty after the entry into force
of the amending agreement shall, failing an expression of a different
intention by that State:

(a) be considered as a party to the treaty as amended; and
(b) be considered as a party to the unamended treaty in relation to any
party to the treaty not bound by the amending agreement.

Article 41
Agreements to modify multilateral treaties between
certain of the parties only

1. Two or more of the parties to a multilateral treaty may conclude an
agreement to modify the treaty as between themselves alone if:

(a) the possibility of such a modification is provided for by the treaty;
or
(b) the modification in question is not prohibited by the treaty and:
(i) does not affect the enjoyment by the other parties of their
rights under the treaty or the performance of their obligations;
(ii) does not relate to a provision, derogation from which is
incompatible with the effective execution of the object and purpose
of the treaty as a whole.

2. Unless in a case falling under paragraph 1(a) the treaty otherwise
provides, the parties in question shall notify the other parties of their
intention to conclude the agreement and of the modification to the treaty
for which it provides.
PART V

INVALIDITY, TERMINATION AND SUSPENSION
OF THE OPERATION OF TREATIES

SECTION 1. GENERAL PROVISIONS

Article 42
Validity and continuance in force of treaties

1. The validity of a treaty or of the consent of a State to be bound by a
treaty may be impeached only through the application of the present
Convention.

2. The termination of a treaty, its denunciation or the withdrawal of a
party, may take place only as a result of the application of the provisions
of the treaty or of the present Convention. The same rule applies to
suspension of the operation of a treaty.

Article 43
Obligations imposed by international law independently of a treaty

The invalidity, termination or denunciation of a treaty, the withdrawal of
a party from it, or the suspension of its operation, as a result of the
application of the present Convention or of the provisions of the treaty,
shall not in any way impair the duty of any State to fulfil any obligation
embodied in the treaty to which it would be subject under international law
independently of the treaty.

Article 44
Separability of treaty provisions

1. A right of a party, provided for in a treaty or arising under article
56, to denounce, withdraw from or suspend the operation of the treaty may
be exercised only with respect to the whole treaty unless the treaty
otherwise provides or the parties otherwise agree.

2. A ground for invalidating, terminating, withdrawing from or suspending
the operation of a treaty recognized in the present Convention may be
invoked only with respect to the whole treaty except as provided in the
following paragraphs or in article 60.

3. If the ground relates solely to particular clauses, it may be invoked
only with respect to those clauses where:

(a) the said clauses are separable from the remainder of the treaty with
regard to their application;
(b) it appears from the treaty or is otherwise established that
acceptance of those clauses was not an essential basis of the consent
of the other party or parties to be bound by the treaty as a whole;
and
(c) continued performance of the remainder of the treaty would not be
unjust.

4. In cases falling under articles 49 and 50 the State entitled to invoke
the fraud or corruption may do so with respect either to the whole treaty
or, subject to paragraph 3, to the particular clauses alone.

5. In cases falling under articles 51, 52 and 53, no separation of the
provisions of the treaty is permitted.

Article 45
Loss of a right to invoke a ground for invalidating, terminating,
withdrawing from or suspending the operation of a treaty

A State may no longer invoke a ground for invalidating, terminating,
withdrawing from or suspending the operation of a treaty under articles 46
to 50 or articles 60 and 62 if, after becoming aware of the facts:

(a) it shall have expressly agreed that the treaty is valid or remains in
force or continues in operation, as the case may be; or
(b) it must by reason of its conduct be considered as having acquiesced
in the validity of the treaty or in its maintenance in force or in
operation, as the case may be.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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