Vienna Convention on the Law of Treaties between States and International Organizations 3

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Vienna Convention on the Law of Treaties between States and International Organizations

 

PART II
CONCLUSION AND ENTRY INTO FORCE OF TREATIES

SECTION 1. CONCLUSION OF TREATIES

Article 6

Capacity of international organizations to conclude treaties

The capacity of an international organization to conclude treaties is
governed by the rules of that organization.

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) that person produces appropriate full powers; or

(b) it appears from practice or from other circumstances that it was
the intention of the States and international organizations concerned to
consider that person as representing the State for such purposes without
having to produce 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 between one or more States and one or more
international organizations;

(b) representatives accredited by States to an international
conference, for the purpose of adopting the text of a treaty between
States and international organizations;

(c) representatives accredited by States to an international
organization or one of its organs, for the purpose of adopting the text
of a treaty in that organization or organ;

(d) heads of permanent missions to an international organization, for
the purpose of adopting the text of a treaty between the accrediting
States and that organization.

3. A person is considered as representing an international organization
for the purpose of adopting or authenticating the text of a treaty, or
expressing the consent of that organization to be bound by a treaty if:

(a) that person produces appropriate full powers; or

(b) it appears from the circumstances that it was the intention of the
States and international organizations concerned to consider that person
as representing the organization for such purposes, in accordance with
the rules of the organization, without having to produce full powers.

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 or an international organization for that purpose is without legal
effect unless afterwards confirmed by that State or that organization.

Article 9

Adoption of the text

1. The adoption of the text of a treaty takes place by the consent of
all the states and international organizations or, as the case may be,
all the organizations 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 in accordance with the procedure agreed upon by the
participants in that conference. If, however, no agreement is reached on
any such procedure, the adoption of the text shall take place by the vote
of two-thirds of the participants present and voting unless by the same
majority they shall decide to apply a different rule.

Article 10

Authentication of the text

1. The text of a treaty between one or more States and one or more
international organizations is established as authentic and definitive:

(a) by such procedure as may be provided for in the text or agreed
upon by the States and organizations participating in its drawing up; or

(b) failing such procedure, by the signature, signature ad referendum
or initialling by the representatives of those States and those
organizations of the text of the treaty or of the Final Act of a
conference incorporating the text.

2. The text of a treaty between international organizations is
established as authentic and definitive:

(a) by such procedure as may be provided for in the text or agreed
upon by the organizations participating in its drawing up; or

(b) failing such procedure, by the signature, signature ad referendum
or initialling by the representatives of those organizations 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

1. 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.

2. The consent of an international organization to be bound by a treaty
may be expressed by signature, exchange of instruments constituting a
treaty, act of formal confirmation, 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 or of an international organization to be
bound by a treaty is expressed by the signature of the representative of
that State or of that organization when:

(a) the treaty provides that signature shall have that effect;

(b) it is otherwise established that the negotiating States and
negotiating organizations or, as the case any be, the negotiating
organizations were agreed that signature should have that effect; or

(c) the intention of the State or organization 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 and negotiating
organizations or, as the case may be, the negotiating organizations so
agreed;

(b) the signature ad referendum of a treaty by the representative of a
State or an international organization, if confirmed by his State or
organization, 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 or of international organizations 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 and those
organizations or, as the case may be, those organizations were agreed
that the exchange of instruments should have that effect.

Article 14

Consent to be bound by a treaty expressed by ratification,
act of formal confirmation, acceptance or approval

1. The consent of a State to be bound by at 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 and
negotiating organizations 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 an international organization to be bound by a treaty
is expressed by an act of formal confirmation when:

(a) the treaty provides for such consent to be expressed by means of
an act of formal confirmation;

(b) it is otherwise established that the negotiating States and
negotiating organizations or, as the case may be, the negotiating
organizations were agreed that an act of formal confirmation should be
required;

(c) the representative of the organization has signed the treaty
subject to an act of formal confirmation; or

(d) the intention of the organization to sign the treaty subject to an
act of formal confirmation appears from the full powers of its
representative or was expressed during the negotiation.

3. The consent of a State or of an international organization to be
bound by a treaty is expressed by acceptance or approval under conditions
similar to those which apply to ratification or, as the case may be, to
an act of formal confirmation.

Article 15

Consent to be bound by a treaty expressed by accession

The consent of a State or of an international organization to be bound
by a treaty is expressed by accession when:

(a) the treaty provides that such consent may be expressed by that
State or that organization by means of accession;

(b) it is otherwise established that the negotiating States and
negotiating organizations or, as the case amy be, the negotiating
organizations were agreed that such consent may be expressed by that
State or that organization by means of accession; or

(c) all the parties have subsequently agreed that such consent may be
expressed by that State or that organization by means of accession.

Article 16

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

1. Unless the treaty otherwise provides, instruments of ratification,
instruments relating to an act of formal confirmation or instruments of
acceptance, approval or accession establish the consent of a State or of
an international organization to be bound by treaty between one or more
States and one or more international organizations upon:

(a) their exchange between the contracting States and contracting
organizations;

(b) their deposit with the depositary; or

(c) their notification to the contracting States and to the
contracting organizations or to the depositary, if so agreed.

2. Unless the treaty otherwise provides, instruments relating to an act
of formal confirmation or instruments of acceptance, approval or
accession establish the consent of an international organization to be
bound by a treaty between international organizations upon:

(a) their exchange between the contracting organizations;

(b) their deposit with the depositary; or

(c) their notification to the contracting organizations or to the
depositary, if so 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 or of
an international organization to be bound by part of a treaty is
effective only if the treaty so permits, or if the contracting States and
contracting organizations or, as the case may be, the contracting
organizations so agree.

2. The consent of a State or of an international organization 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 or an international organization is obliged to refrain from
acts which would defeat the object and purpose of a treaty when:

(a) that State or that organization has signed the treaty or has
exchanged instruments constituting the treaty subject to ratification,
act of formal confirmation, acceptance or approval, until that State or
that organization shall have made its intention clear not to become a
party to the treaty; or

(b) that State or that organization 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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