Vienna Convention on the Law of Treaties between States and International Organizations 9

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

 

SECTION 4. PROCEDURE

Article 65

Procedure to be followed with respect to invalidity, termination,
withdrawal from or suspension of the operation of a treaty

1. A party which, under the provisions of the present Convention,
invokes either a defect in its consent to be bound by a treaty or a
ground for impeaching the validity of a treaty, terminating it,
withdrawing from it or suspending its operation, must notify the other
parties of its claim. The notification shall indicate the measure
proposed to be taken with respect to the treaty and the reasons therefor.

2. If, after the expiry of a period which, except in cases of special
urgency, shall not be less than three months after the receipt of the
notification, no party has raised any objection, the party making the
notification may carry out in the manner provided in article 67 the
measure which it has proposed.

3. If, however, objection has been raised by any other party, the
parties shall seek a solution through the means indicated in Article 33
of the Charter of the United Nations.

4. The notification or objection made by an international organization
shall be governed by the rules of that organization.

5. Nothing in the foregoing paragraphs shall affect the rights or
obligations of the parties under any provisions in force binding the
parties with regard to the settlement of disputes.

6. Without prejudice to article 45, the fact that a State or an
international organization has not previously made the notification
prescribed in paragraph 1 shall not prevent it from making such
notification in answer to another party claiming performance of the
treaty or alleging its violation.

Article 66

Procedures for judicial settlement, arbitration and conciliation

1. If, under paragraph 3 of article 65, no solution has been reached
within a period of twelve months following the date on which the
objection was raised, the procedures specified in the following
paragraphs shall be followed.

2. With respect to a dispute concerning the application or the
interpretation of article 53 or 64:

(a) if a State is a party to the dispute with one or more States, it
may, by a written application, submit the dispute to the International
Court of Justice for a decision;

(b) if a State is a party to the dispute to which one or more
international organizations are parties, the State may, through a Member
State of the United Nations if necessary, request the General Assembly or
the Security Council or, where appropriate, the competent organ of an
international organization which is a party to the dispute and is
authorized in accordance with Article 96 of the Charter of the United
Nations, to request an advisory opinion of the International Court of
Justice in accordance with article 65 of the Statute of the Court;

(c) if the United Nations or an international organization that is
authorized in accordance with Article 96 of the Charter of the United
Nations is a party to the dispute, it may request an advisory opinion of
the International Court of Justice in accordance with article 65 of the
Statute of the Court;

(d) if an international organization other than those referred to in
sub-paragraph (c) is a party to the dispute, it may, through a Member
State of the United Nations, follow the procedure specified in
sub-paragraph (b);

(e) the advisory opinion given pursuant to sub-paragraph (b), (c) or
(d) shall be accepted as decisive by all the parties to the dispute
concerned;

(f) if the request under sub-paragraph (b), (c) or (d) for an advisory
opinion of the Court is not granted, any one of the parties to the
dispute may, by written notification to the other party or parties,
submit it to arbitration in accordance with the provisions of the Annex
to the present Convention.

3. The provisions of paragraph 2 apply unless all the parties to a
dispute referred to in that paragraph by common consent agree to submit
the dispute to an arbitration procedure, including the one specified in
the Annex to the present Convention.

4. With respect to a dispute concerning the application or the
interpretation of any of the articles in Part V, other than articles 53
and 64, of the present Convention, any one of the parties to the dispute
may set in motion the conciliation procedure specified in the Annex to
the Convention by submitting a request to that effect to the
Secretary-General of the United Nations.

Article 67

Instruments for declaring invalid, terminating, withdrawing from or
suspending the operation of a treaty

1. The notification provided for under article 65, paragraph 1 must be
made in writing.

2. Any act declaring invalid, terminating, withdrawing from or
suspending the operation of a treaty pursuant to the provisions of the
treaty or of paragraphs 2 or 3 of article 65 shall be carried out through
an instrument communicated to the other parties. If the instrument
emanating from a State 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. If the
instrument emanates from an international organization, the
representative of the organization communicating it may be called upon to
produce full powers.

Article 68

Revocation of notifications and instruments provided
for in articles 65 and 67

A notification or instrument provided for in articles 65 or 67 may be
revoked at any time before it takes effect.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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