Vienna Convention on Succession of States in Respect of Treaties

Vienna Convention on Succession of States in Respect of Treaties in United States

Vienna Convention on Succession of States in Respect of Treaties

[Reproduced from United Nations Document A/CONF.80/31 of August 22, 1978,
as corrected by A/CONF.80/31/Corr.2 of October 27, 1978.]

The States Parties to the present Convention,

Considering the profound transformation of the international community
brought about by the decolonization process,

Considering also that other factors may lead to cases of succession of
States in the future,

Convinced, in these circumstances, of the need for the codification and
progressive development of the rules relating to succession of States in respect
of treaties as a means for ensuring greater juridical security in international
relations,

Noting that the principles of free consent, good faith and pacta sunt
servanda are universally recognized,

Emphasizing that the consistent observance of general multilateral
treaties which deal with the codification and progressive development of
international law and those the object and purpose of which are of interest to
the international community as a whole is of special importance for the
strengthening of peace and international co-operation,

Having in mind the principles of international law embodied in the Charter of
the United Nations, such as the principles of the equal rights and
self-determination of peoples, of the sovereign equality and independence of all
States, of non-interference in the domestic affairs of States, of the
prohibition of the threat or use of force, and of universal respect for, and
observance of, human rights and fundamental freedoms for all,

Recalling that respect for the territorial integrity and political
independence of any State is required by the Charter of the United Nations,

Bearing in mind the provisions of the Vienna Convention on the Law of
Treaties of 1969,

Bearing also in mind article 73 of that Convention,

Affirming that questions of the law of treaties other than those that may
arise from a succession of States are governed by the relevant rules of
international law, including those rules of customary international law which
are embodied in the Vienna Convention on the Law of Treaties of 1969,

Affirming that the rules of customary international law will continue to
govern questions not regulated by the provisions of the present Convention,

Have agreed as follows:

PART I

GENERAL PROVISIONS

Article 1

Scope of the present Convention

The present Convention applies to the effects of a succession of States in
respect of 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) “succession of States” means the replacement of one State by another in
the responsibility for the international relations of territory;

(c) “predecessor State” means the State which has been replaced by another
State on the occurrence of a succession of States;

(d) “successor State” means the State which has replaced another State on the
occurrence of a succession of States;

(e) “date of the succession of States” means the date upon which the
successor State replaced the predecessor State in the responsibility for the
international relations of the territory to which the succession of States
relates;

(f) “newly independent State” means a successor State the territory of which
immediately before the date of the succession of States was a dependent
territory for the international relations of which the predecessor State was
responsible;

(g) “notification of succession” means in relation to a multilateral treaty
any notification, however phrased or named, made by a successor State expressing
its consent to be considered as bound by the treaty;

(h) “full powers” means in relation to a notification of succession or any
other notification under the present Convention a document emanating from the
competent authority of a State designating a person or persons to represent the
State for communicating the notification of succession or, as the case may be,
the notification;

(i) “ratification”, “acceptance” and “approval” 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;

(j) “reservation” means a unilateral statement, however phrased or named,
made by a State when signing, ratifying, accepting, approving or acceding to a
treaty or when making a notification of succession 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;

(k) “contracting State” means a State which has consented to be
bound by the treaty, whether or not the treaty has entered into force;

(l) “party” means a State which has consented to be bound by the treaty and
for which the treaty is in force;

(m) “other State party” means in relation to a successor State any party,
other than the predecessor State, to a treaty in force at the date of a
succession of States in respect of the territory to which that succession of
States relates;

(n) “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

Cases not within the scope of the present Convention

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

(a) the application to such cases of any of the rules set forth in the
present Convention to which they are subject under international law
independently of the Convention;

(b) the application as between States of the present Convention to the
effects of a succession of States in respect of international agreements to
which other subjects of international law are also parties.

Article 4

Treaties constituting international organizations and treaties adopted within
an international organization

The present Convention applies to the effects of a succession of States in
respect of:

(a) any treaty which is the constituent instrument of an
international organization without prejudice to the rules concerning acquisition
of membership and without prejudice to any other relevant rules of the
organization;

(b) any treaty adopted within an international organization without prejudice
to any relevant rules of the organization.

Article 5

Obligations imposed by international law independently of a treaty

The fact that a treaty is not considered to be in force in respect of a State
by virtue of the application of the present Convention shall not in any way
impair the duty of that State to fulfil any obligation embodied in the treaty to
which it is subject under international law independently of the treaty.

Article 6

Cases of succession of States covered by the present Convention

The present Convention applies only to the effects of a succession of States
occurring in conformity with international law and, in particular, the
principles of international law embodied in the Charter of the United Nations.

Article 7

Temporal application of the present Convention

1. Without prejudice to the application of any of the rules set forth in the
present Convention to which the effects of a succession of States would be
subject under international law independently of the Convention, the Convention
applies only in respect of a succession of States which has occurred after the
entry into force of the Convention except as may be otherwise agreed.

2. A successor State may, at the time of expressing its consent to be bound by
the present convention or at any time thereafter, make a declaration that it
will apply the provisions of the Convention in respect of its own succession of
States which has occurred before the entry into force of the Convention in
relation to any other contracting State or State Party to the Convention which
makes a declaration accepting the declaration of the successor State. Upon the
entry into force of the Convention as between the States making the declarations
or upon the making of the declaration of acceptance, whichever occurs later, the
provisions of the Convention shall apply to the effects of the succession of
States as from the date of that succession of States.

3. A successor State may at the time of signing or of expressing its
consent to be bound by the present Convention make a declaration that it will
apply the provisions of the Convention provisionally in respect of its own
succession of States which has occurred before the entry into force of the
Convention in relation to any other signatory or contracting State which makes a
declaration accepting the declaration of the successor State; upon the making of
the declaration of acceptance, those provisions shall apply provisionally to the
effects of the succession of States as between those two States as from the date
of that succession of States.

4. Any declaration made in accordance with paragraph 2 or 3 shall be contained
in a written notification communicated to the depositary, who shall inform the
Parties and the States entitled to become Parties to the present Convention of
the communication to him of that notification and of its terms.

Article 8

Agreements for the devolution of treaty obligations or rights from a
predecessor State to a successor State

1. The obligations or rights of a predecessor State under treaties in force in
respect of a territory at the date of a succession of States do not become the
obligations or rights of the successor State towards other States parties to
those treaties by reason only of the fact that the predecessor State and the
successor State have concluded an agreement providing that such obligations or
rights shall devolve upon the successor State.

2. Notwithstanding the conclusion of such an agreement, the effects of a succession
of States on treaties which, at the date of that succession of
States, were in force in respect of the territory in question are governed by
the present Convention.

Article 9

Unilateral declaration by a successor State regarding treaties of the
predecessor State

1. Obligations or rights under treaties in force in respect of a territory at
the date of a succession of States do not become the obligations or rights of
the successor State or of other States parties to those treaties by reason only
of the fact that the successor State has made a unilateral declaration providing
for the continuance in force of the treaties in respect of its territory.

[*1494] 2. In such a case, the effects of the succession of States on
treaties which, at the date of that succession of States, were in force in
respect of the territory in question are governed by the present Convention.

Article 10

Treaties providing for the participation of a successor State

1. When a treaty provides that, on the occurrence of a succession of States, a
successor State shall have the option to consider itself a party to the
treaty, it may notify its succession in respect of the treaty in conformity with
the provisions of the treaty or, failing any such provisions, in conformity with
the provisions of the present Convention.

2. If a treaty provides that, on the occurrence of a succession of States, a
successor State shall be considered as a party to the treaty, that provision
takes effects as such only if the successor State expressly accepts in writing
to be so considered.

3. In cases falling under paragraph 1 or 2, a successor State which establishes
its consent to be a party to the treaty is considered as a party from the date
of the succession of States unless the treaty otherwise provides or it is
otherwise agreed.

Article 11

Boundary regimes

A succession of States does not as such affect:

(a) a boundary established by a treaty; or

(b) obligations and rights established by a treaty and relating to the regime
of a boundary.

Article 12

Other territorial regimes

1. A succession of States does not as such affect:

(a) obligations relating to the use of any territory, or to restrictions upon
its use, established by a treaty for the benefit of any territory of a foreign
State and considered as attaching to the territories in question;

(b) rights established by a treaty for the benefit of any territory
and relating to the use, or to restrictions upon the use, of any territory of a
foreign State and considered as attaching to the territories in question.

2. A succession of States does not as such affect:

(a) obligations relating to the use of any territory, or to restrictions upon
its use, established by a treaty for the benefit of a group of States or of all
States and considered as attaching to that territory;

(b) rights established by a treaty for the benefit of a group of States or of
all States and relating to the use of any territory, or to restrictions upon its
use, and considered as attaching to that territory.

3. The provisions of the present article do not apply to treaty obligations of
the predecessor State providing for the establishment of foreign military bases
on the territory to which the succession of States relates.

Article 13

The present Convention and permanent sovereignty over natural wealth and
resources

Nothing in the present Convention shall affect the principles of
international law affirming the permanent sovereignty of every people and every
State over its natural wealth and resources.

Article 14

Questions relating to the validity of a treaty

Nothing in the present Convention shall be considered as prejudging in any
respect any question relating to the validity of a treaty.

PART II

SUCCESSION IN RESPECT OF PART OF TERRITORY

Article 15

Succession in respect of part of territory

When part of the territory of a State, or when any territory for the
international relations of which a State is responsible, not being part of the
territory of that State, becomes part of the territory of another State:

(a) treaties of the predecessor State cease to be in force in respect of the
territory to which the succession of States relates from the date of the
succession of States; and

(b) treaties of the successor State are in force in respect of the territory
to which the succession of States relates from the date of the succession of
States, unless it appears from the treaty or is otherwise established that the
application of the treaty to that territory would be incompatible with the
object and purpose of the treaty or would radically change the conditions for
its operation.

PART III

NEWLY INDEPENDENT STATES

SECTION 1. GENERAL RULE

Article 16

Position in respect of the treaties of the predecessor State

A newly independent State is not bound to maintain in force, or to become a
party to, any treaty by reason only of the fact that at the date of the
succession of States the treaty was in force in respect of the territory to
which the succession of States relates.

SECTION 2. MULTILATERAL TREATIES

Article 17

Participation in treaties in force at the date of the succession of States

1. Subject to paragraphs 2 and 3, a newly independent State may, by a
notification of succession, establish its status as a party to any multilateral
treaty which at the date of the succession of States was in force in respect of
the territory to which the succession of States relates.

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 newly
independent State would be incompatible with the object and purpose of the
treaty or would radically change the conditions for its operation.

3. When, under the terms of the treaty or by reason of the limited number of the
negotiating States and the object and purpose of the treaty, the participation
of any other State in the treaty must be considered as requiring the consent of
all the parties, the newly independent State may establish its status as a party
to the treaty only with such consent.

Article 18

Participation in treaties not in force at the date of the succession of
States

1. Subject to paragraphs 3 and 4, a newly independent State may, by a
notification of succession, 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 in respect of the territory
to which that succession of States relates.

2. Subject to paragraphs 3 and 4, a newly independent State may, by a
notification of succession, establish its status as a party to a multilateral
treaty which enters into force after the date of the succession of States if at
the date of the succession of States the predecessor State was a contracting
State in respect of the territory to which that 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 newly
independent State would be incompatible with the object and purpose of the
treaty or would radically change the conditions for its operation.

4. When, under the terms of the treaty or by reason of the limited
number of the negotiating States and the object and purpose of the treaty, the
participation of any other State in the treaty must be considered as requiring
the consent of all the parties or of all the contracting States, the newly
independent State may establish its status as a party or as a contracting State
to the treaty only with such consent.

5. When a treaty provides that a specified number of contracting States shall be
necessary for its entry into force, a newly independent State which establishes
its status as a contracting State to the treaty under paragraph 1 shall be
counted as a contracting State for the purpose of that provision unless a
different intention appears from the treaty or is otherwise established.

Article 19

Participation in treaties signed by the predecessor State subject to
ratification, acceptance or approval

1. Subject to paragraphs 3 and 4, if before the date of the succession of
States the predecessor State signed a multilateral treaty subject to
ratification, acceptance or approval and by the signature intended that the
treaty should extend to the territory to which the succession of States relates,
the newly independent State 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. For the purpose of paragraph 1, unless a different intention appears from the
treaty or is otherwise established, the signature by the predecessor State of a
treaty is considered to express the intention that the treaty should extend to
the entire territory for the international relations of which the predecessor
State was responsible.

3. 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 newly
independent State would be incompatible with the object and purpose of the
treaty or would radically change the conditions for its operation.

4. When, under the terms of the treaty or by reason of the limited number of the
negotiating States and the object and purpose of the treaty, the participation
of any other State in the treaty must be considered as requiring the consent of
all the parties or of all the contracting States, the newly independent State
may become a party or a contracting State to the treaty only with such consent.

Article 20

Reservations

1. When a newly independent State establishes its status as a party or as a
contracting State to a multilateral treaty by a notification of succession under
article 17 or 18, it shall be considered as maintaining any reservation to that
treaty which was applicable at the date of the succession of States in respect
of the territory to which the succession of States relates unless, when making
the notification of succession, it expresses a contrary intention or formulates
a reservation which relates to the same subject-matter as that reservation.

2. When making a notification of succession establishing its status as a party
or as a contracting State to a multilateral treaty under article 17 or 18, a
newly independent State may formulate a reservation unless the reservation is
one the formulation of which would be excluded by the provisions of
sub-paragraph (a), (b) or (c) of article 19 of the Vienna Convention on the Law
of Treaties.

3. When a newly independent State formulates a reservation in conformity with
paragraph 2, the rules set out in articles 20 to 23 of the Vienna Convention on
the Law of Treaties apply in respect of that reservation.

Article 21

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

1. When making a notification of succession under article 17 or 18 establishing
its status as a party or contracting State to a multilateral treaty, a newly
independent State may, if the treaty so permits, express its consent to be bound
by part of the treaty or make a choice between differing provisions under the
conditions laid down in the treaty for expressing such consent or making such
choice.

2. A newly independent State may also exercise, under the same conditions as the
other parties or contracting States, any right provided for in the treaty to
withdraw or modify any consent expressed or choice made by itself or by the
predecessor State in respect of the territory to which the succession of States
relates.

3. If the newly independent State does not in conformity with paragraph 1
express its consent or make a choice, or in conformity with paragraph 2 withdraw
or modify the consent or choice of the predecessor State, it shall be considered
as maintaining:

(a) the consent of the predecessor State, in conformity with the
treaty, to be bound, in respect of the territory to which the succession of
States relates, by part of that treaty; or

(b) the choice of the predecessor State, in conformity with the treaty,
between differing provisions in the application of the treaty in respect of the
territory to which the succession of States relates.

Article 22

Notification of succession

1. A notification of succession in respect of a multilateral treaty under
article 17 or 18 shall be made in writing.

2. If the notification of succession 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 of succession shall:

(a) be transmitted by the newly independent 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 newly independent 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 of succession or any communication made
in connection therewith by the newly independent State.

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

Article 23

Effects of a notification of succession

1. Unless the treaty otherwise provides or it is otherwise agreed, a newly
independent State which makes a notification of succession under article 17 or
article 18, paragraph 2, shall be considered a party to the treaty from the date
of the succession of States or from the date of entry into force of the
treaty, whichever is the later date.

2. Nevertheless, the operation of the treaty shall be considered as suspended as
between the newly independent State and the other parties to the treaty until
the date of making of the notification of succession except in so far as that
treaty may be applied provisionally in accordance with article 27 or as may be
otherwise agreed.

3. Unless the treaty otherwise provides or it is otherwise agreed, a newly
independent State which makes a notification of succession under article 18,
paragraph 1, shall be considered a contracting State to the treaty from the date
on which the notification of succession is made.

SECTION 3. BILATERAL TREATIES

Article 24

Conditions under which a treaty is considered as being in force in the case
of a succession of States

1. A bilateral treaty which at the date of a succession of States was in force
in respect of the territory to which the succession of States relates is
considered as being in force between a newly independent State and the other
State party when:

(a) they expressly so agree; or

(b) by reason of their conduct they are to be considered as having so agreed.

2. A treaty considered as being in force under paragraph 1 applies in the
relations between the newly independent State and the other State party from the
date of the succession of States, unless a different intention appears from
their agreement or is otherwise established.

Article 25

The position as between the predecessor State and the newly independent State

A treaty which under article 24 is considered as being in force between a
newly independent State and the other State party is not by reason only of that
fact to be considered as being in force also in the relations between the
predecessor State and the newly independent State.

Article 26

Termination, suspension of operation or amendment of the treaty as between
the predecessor State and the other State party

1. When under article 24 a treaty is considered as being in force between a
newly independent State and the other State party, the treaty:

(a) does not cease to be in force between them by reason only of the fact
that it has subsequently been terminated as between the predecessor State and
the other State party;

(b) is not suspended in operation as between them by reason only of the fact
that it has subsequently been suspended in operation as between the predecessor
State and the other State party;

(c) is not amended as between them by reason only of the fact that it has
subsequently been amended as between the predecessor State and the other State
party.

2. The fact that a treaty has been terminated or, as the case may be, suspended
in operation as between the predecessor State and the other State party after
the date of the succession of States does not prevent the treaty from being
considered to be in force or, as the case may be, in operation as between the
newly independent State and the other State party if it is established in
accordance with article 24 that they so agreed.

3. The fact that a treaty has been amended as between the predecessor State and
the other State party after the date of the succession of States does not
prevent the unamended treaty from being considered to be in force under article
24 as between the newly independent State and the other State party, unless it
is established that they intended the treaty as amended to apply between them.

SECTION 4. PROVISIONAL APPLICATION

Article 27

Multilateral treaties

1. If, at the date of the succession of States, a multilateral treaty was in
force in respect of the territory to which the succession of States relates and
the newly independent State gives notice of its intention that the treaty should
be applied provisionally in respect of its territory, that treaty shall apply
provisionally between the newly independent State and any party which expressly
so agrees or by reason of its conduct is to be considered as having so agreed.

2. Nevertheless, in the case of a treaty which falls within the category
mentioned in article 17, paragraph 3, the consent of all the parties to such
provisional application is required.

3. If, at the date of the succession of States, a multilateral treaty not yet in
force was being applied provisionally in respect of the territory to which the
succession of States relates and the newly independent State gives notice of its
intention that the treaty should continue to be applied provisionally in respect
of its territory, that treaty shall apply provisionally between the newly
independent State and any contracting State which expressly so agrees or by
reason of its conduct is to be considered as having so agreed.

4. Nevertheless, in the case of a treaty which falls within the category
mentioned in article 17, paragraph 3, the consent of all the contracting States
to such continued provisional application is required.

5. Paragraphs 1 to 4 do not apply if it appears from the treaty or is otherwise
established that the application of the treaty in respect of the newly
independent State would be incompatible with the object and purpose of the
treaty or would radically change the conditions for its operation.

Article 28

Bilateral treaties

A bilateral treaty which at the date of a succession of States was in force
or was being provisionally applied in respect of the territory to which the
succession of States relates is considered as applying provisionally between the
newly independent State and the other State concerned when:

(a) they expressly so agree; or

(b) by reason of their conduct they are to be considered as having so agreed.

Article 29

Termination of provisional application

1. Unless the treaty otherwise provides or it is otherwise agreed, the
provisional application of a multilateral treaty under article 27 may be
terminated:

(a) by reasonable notice of termination given by the newly independent State
or the party or contracting State provisionally applying the treaty and the
expiration of the notice; or

(b) in the case of a treaty which falls within the category mentioned in
article 17, paragraph 3, by reasonable notice of termination given by the newly
independent State or all of the parties or, as the case may be, all of the
contracting States and the expiration of the notice.

2. Unless the treaty otherwise provides or it is otherwise agreed, the
provisional application of a bilateral treaty under article 28 may be terminated
by reasonable notice of termination given by the newly independent State or the
other State concerned and the expiration of the notice.

3. Unless the treaty provides for a shorter period for its termination or it is
otherwise agreed, reasonable notice of termination shall be twelve months’
notice from the date on which it is received by the other State or States
provisionally applying the treaty.

4. Unless the treaty otherwise provides or it is otherwise agreed, the
provisional application of a multilateral treaty under article 27 shall be
terminated if the newly independent State gives notice of its intention not to
become a party to the treaty.

SECTION 5. NEWLY INDEPENDENT STATES FORMED FROM TWO OR MORE TERRITORIES

Article 30

Newly independent States formed from two or more territories

1. Articles 16 to 29 apply in the case of a newly independent State formed from
two or more territories.

2. When a newly independent State formed from two or more territories
is considered as or becomes a party to a treaty by virtue of article 17, 18 or
24 and at the date of the succession of States the treaty was in force, or
consent to be bound had been given, in respect of one or more, but not all, of
those territories, the treaty shall apply in respect of the entire territory of
that State unless:

(a) it appears from the treaty or is otherwise established that the
application of the treaty in respect of the entire territory would be
incompatible with the object and purpose of the treaty or would radically change
the conditions for its operation;

(b) in the case of a multilateral treaty not falling under article 17,
paragraph 3, or under article 18, paragraph 4, the notification of succession is
restricted to the territory in respect of which the treaty was in force at the
date of the succession of States, or in respect of which consent to be bound
by the treaty had been given prior to that date;

(c) in the case of a multilateral treaty falling under article 17, paragraph
3, or under article 18, paragraph 4, the newly independent State and the other
States parties or, as the case may be, the other contracting States otherwise
agree; or

(d) in the case of a bilateral treaty, the newly independent State and the
other State concerned otherwise agree.

3. When a newly independent State formed from two or more territories becomes a
party to a multilateral treaty under article 19 and by the signature or
signatures of the predecessor State or States it had been intended that the
treaty should extend to one or more, but not all, of those territories, the
treaty shall apply in respect of the entire territory of the newly independent
State unless:

(a) it appears from the treaty or is otherwise established that the
application of the treaty in respect of the entire territory would be
incompatible with the object and purpose of the treaty or would radically change
the conditions for its operation;

(b) in the case of a multilateral treaty not falling under article 19,
paragraph 4, the ratification, acceptance or approval of the treaty is
restricted to the territory or territories to which it was intended that the
treaty should extend; or

(c) in the case of a multilateral treaty falling under article 19, paragraph
4, the newly independent State and the other States parties or, as the case may
be, the other contracting States otherwise agree.

PART IV

UNITING AND SEPARATION OF STATES

Article 31

Effects of a uniting of States in respect of treaties in force at the date of
the succession of States

1. When two or more States unite and so form one successor State, any treaty in
force at the date of the succession of States in respect of any of them
continues in force in respect of the successor State unless:

(a) the successor State and the other State party or States parties otherwise
agree; or

(b) 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.

2. Any treaty continuing in force in conformity with paragraph 1 shall apply
only in respect of the part of the territory of the successor State in respect
of which the treaty was in force at the date of the succession of States

unless:

(a) in the case of a multilateral treaty not falling within the category
mentioned in article 17, paragraph 3, the successor State makes a notification
that the treaty shall apply in respect of its entire territory;

(b) in the case of a multilateral treaty falling within the category
mentioned in article 17, paragraph 3, the successor State and the other States
parties otherwise agree; or

(c) in the case of a bilateral treaty, the successor State and the other
State party otherwise agree.

3. Paragraph 2(a) does not apply if it appears from the treaty or is otherwise
established that the application of the treaty in respect of the entire
territory of the successor State would be incompatible with the object and
purpose of the treaty or would radically change the conditions for its
operation.

Article 32

Effects of a uniting of States in respect of treaties not in force at the
date of the succession of States

1. Subject to paragraphs 3 and 4, a successor State falling under article 31
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, any of the predecessor States was a contracting State to the treaty.

2. Subject to paragraphs 3 and 4, a successor State falling under article 31
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, any of the predecessor States was a contracting State to the
treaty.

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.

5. Any treaty to which the successor State becomes a contracting State or a
party in conformity with paragraph 1 or 2 shall apply only in respect of the
part of the territory of the successor State in respect of which consent to be
bound by the treaty had been given prior to the date of the succession of
States unless:

(a) in the case of a multilateral treaty not falling within the category
mentioned in article 17, paragraph 3, the successor State indicates in its
notification made under paragraph 1 or 2 that the treaty shall apply in respect
of its entire territory; or

(b) in the case of a multilateral treaty falling within the category
mentioned in article 17, paragraph 3, the successor State and all the parties
or, as the case may be, all the contracting States otherwise agree.

6. Paragraph 5(a) does not apply if it appears from the treaty or is otherwise
established that the application of the treaty in respect of the entire
territory of the successor State would be incompatible with the object and
purpose of the treaty or would radically change the conditions for its
operation.

Article 33

Effects of a uniting of States in respect of treaties signed by a predecessor
State subject to ratification, acceptance or approval

1. Subject to paragraphs 2 and 3, if before the date of the succession of
States one of the predecessor States had signed a multilateral treaty subject to
ratification, acceptance or approval, a successor State falling under article 31
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.

4. Any treaty to which the successor State becomes a party or a contracting
State in conformity with paragraph 1 shall apply only in respect of the part of
the territory of the successor State in respect of which the treaty was signed
by one of the predecessor States unless:

(a) in the case of a multilateral treaty not falling within the category
mentioned in article 17, paragraph 3, the successor State when ratifying,
accepting or approving the treaty gives notice that the treaty shall apply in
respect of its entire territory; or

(b) in the case of a multilateral treaty falling within the category
mentioned in article 17, paragraph 3, the successor State and all the parties
or, as the case may be, all the contracting States otherwise agree.

5. Paragraph 4(a) does not apply if it appears from the treaty or is otherwise
established, that the application of the treaty in respect of the entire
territory of the successor State would be incompatible with the object and
purpose of the treaty or would radically change the conditions for its
operation.

Article 34

Succession of States in cases of separation of parts of a State

1. When a part or parts of the territory of a State separate to form one or more
States, whether or not the predecessor State continues to exist:

(a) any treaty in force at the date of the succession of States in respect of
the entire territory of the predecessor State continues in force in respect of
each successor State so formed;

(b) any treaty in force at the date of the succession of States in respect
only of that part of the territory of the predecessor State which has become a
successor State continues in force in respect of that successor State alone.

2. Paragraph 1 does not apply if:

(a) the States concerned otherwise agree; or

(b) 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.

Article 35

Position if a State continues after separation of part of its territory

When, after separation of any part of the territory of a State, the
predecessor State continues to exist, any treaty which at the date of the
succession of States was in force in respect of the predecessor State continues
in force in respect of its remaining territory unless:

(a) the States concerned otherwise agree;

(b) It is established that the treaty related only to the territory which has
separated from the predecessor State; or

(c) it appears from the treaty or is otherwise established that the
application of the treaty in respect of the predecessor State would be
incompatible with the object and purpose of the treaty or would radically change
the conditions for its operation.

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.

ANNEX

1. A list of conciliators consisting of qualified jurists shall be drawn up and
maintained by the Secretary-General of the United Nations. To this end, every
State which is a Member of the United Nations or a Party to the
present Convention shall be invited to nominate two conciliators, and the names
of the persons so nominated shall constitute the list. The term of a
conciliator, including that of any conciliator nominated to fill a casual
vacancy, shall be five years and may be renewed. A conciliator whose term
expires shall continue to fulfil any function for which he shall have been
chosen under the following paragraph.

2. When a request has been made to the Secretary-General under article 42, the
Secretary-General shall bring the dispute before a conciliation commission
constituted as follows:

The State or States constituting one of the parties to the dispute shall
appoint:

(a) one conciliator of the nationality of that State or of one of those
States, who may or may not be chosen from the list referred to in paragraph 1;
and

(b) one conciliator not of the nationality of that State or of any of those
States, who shall be chosen from the list.

The State or States constituting the other party to the dispute shall appoint
two conciliators in the same way. The four conciliators chosen by the parties
shall be appointed within sixty days following the date on which the
Secretary-General receives the request.

The four conciliators shall, within sixty days following the date of the
appointment of the last of them, appoint a fifth conciliator chosen from the
list, who shall be chairman.

If the appointment of the chairman or of any of the other conciliators has
not been made within the period prescribed above for such appointment, it shall
be made by the Secretary-General within sixty days following the expiry of that
period. The appointment of the chairman may be made by the Secretary-General
either from the list or from the membership of the International Law Commission.
Any of the periods within which appointments must be made may be extended by
agreement between the parties to the dispute.

Any vacancy shall be filled in the manner prescribed for the initial
appointment.

3. The Conciliation Commission shall decide its own procedure. The Commission,
with the consent of the parties to the dispute, may invite any Party to the
present Convention to submit to it its views orally or in writing. Decisions and
recommendations of the Commission shall be made by a majority vote of the five
members.

4. The Commission may draw the attention of the parties to the dispute to any
measures which might facilitate an amicable settlement.

5. The Commission shall hear the parties, examine the claims and
objections, and make proposals to the parties with a view to reaching an
amicable settlement of the dispute.

6. The Commission shall report within twelve months of its constitution. Its
report shall be deposited with the Secretary-General and transmitted to the
parties to the dispute. The report of the Commission, including any conclusions
stated therein regarding the facts or questions of law, shall not be binding
upon the parties and it shall have no other character than that of
recommendations submitted for the consideration of the parties in order to
facilitate an amicable settlement of the dispute.

7. The Secretary-General shall provide the Commission with such assistance and
facilities as it may require. The expenses of the Commission shall be borne by
the United Nations.

RESOLUTIONS ADOPTED BY THE UNITED NATIONS CONFERENCE ON SUCCESSION OF STATES
IN RESPECT OF TREATIES

RESOLUTION CONCERNING NAMIBIA

The United Nations Conference on Succession of States in Respect of
Treaties,

Taking note of the statement made by the Chairman of the delegation of the
United Nations Council for Namibia during the resumed session of the Conference
(1 A/CONF.80/SR.38)

Taking into account United Nations General Assembly resolution 2145 (XXI) of
27 October 1966, by which the General Assembly decided to terminate the Mandate
of South Africa over Namibia and by which the United Nations assumed direct
responsibility for the Territory until independence, and General Assembly
resolution 2248 (S-V) of 19 May 1967, by which the United Nations Council for
Namibia was established and entrusted with the responsibility of administering
the Territory until independence,

Recalling the advisory opinion of the International Court of Justice of 21
June 1971 which declared that the continued presence of South Africa in Namibia
being illegal, South Africa is under obligation to withdraw its administration
from the Territory and thus put an end to its illegal occupation of the
Territory,

Further recalling the relevant resolutions of the United Nations, in
particular Security Council resolutions 385 (1976) which reaffirmed the
territorial integrity and unity of Namibia and 432 (1978) which took note of
paragraph 7 of General Assembly resolution 32/9 D (1977) declaring that Walvis
Bay is an integral part of Namibia,

Resolves that the relevant articles of the Vienna Convention on
Succession of States in Respect of Treaties shall be interpreted, in the case of
Namibia, in conformity with United Nations resolutions on the question of
Namibia;

Further resolves that South Africa is not the predecessor State of the future
independent State of Namibia.

RESOLUTION RELATING TO INCOMPATIBLE TREATY OBLIGATIONS AND RIGHTS ARISING
FROM A UNITING OF STATES

The United Nations Conference on Succession of States in Respect of
Treaties,

Considering that a uniting of States may give rise to incompatible
obligations and rights as a result of the differing treaty regimes applicable to
the two or more States which unite,

Recognizing the desirability of resolving such questions through a process of
consultation and negotiation,

Recommends that if a uniting of States gives rise to incompatible obligations
or rights under treaties, the successor State and the other States parties to
the treaties in question make every effort to resolve the matter by mutual
agreement.


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