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

PART VII

DEPOSITARIES, NOTIFICATIONS, CORRECTIONS AND REGISTRATION

Article 77

Depositaries of treaties

1. The designation of the depositary of a treaty may be made by the
negotiating States and negotiating organizations or, as the case may be,
the negotiating organizations, either in the treaty itself or in some
other manner. The depositary may be one or more States, an international
organization or the chief administrative officer of the organization.

2. The functions of the depositary of a treaty are international in
character and the depositary is under an obligation to act impartially in
their performance. In particular, the fact that a treaty has not entered
into force between certain of the parties or that a difference has
appeared between a State or an international organization and a
depositary with regard to the performance of the latter’s functions shall
not affect that obligation.

Article 78

Functions of depositaries

1. The functions of a depositary, unless otherwise provided in the
treaty or agreed by the contracting States and contracting organizations
or, as the case may be, by the contracting organizations, comprise in
particular:

(a) keeping custody of the original text of the treaty and of any full
powers delivered to the depositary;

(b) preparing certified copies of the original text and preparing any
further text of the treaty in such additional languages as may be
required by the treaty and transmitting them to the parties and to the
States and international orgaizations entitled to become parties to the
treaty;

(c) receiving any signatures to the treaty and receiving and keeping
custody of any instruments, notifications and communications relating to
it;

(d) examining whether the signature or any instrument, notification or
communication relating to the treaty is in due and proper form and, if
need be, bringing the matter to the attention of the State or
international organization in question;

(e) informing the parties and the States and international
organizations entitled to become parties to the treaty of acts,
notifications and communications relating to the treaty;

(f) informing the States and international organizations entitled to
become parties to the treaty when the number of signatures or of
instruments of ratification, instruments relating to an act of formal
confirmation, or of instruments of acceptance, approval or accession
required for the entry into force of the treaty has been received or
deposited;

(g) registering the treaty with the Secretariat of the United Nations;

(h) performing the functions specified in other provisions of the
present Convention.

2. In the event of any difference appearing between a State or an
international organization and the depositary as to the performance of
the latter’s functions, the depositary shall bring the question to the
attention of:

(a) the signatory States and organizations and the contracting States
and contracting organizations; or

(b) where appropriate, the competent organ of the international
organization concerned.

Article 79

Notifications and communications

Except as the treaty or the present Convention otherwise provide, any
notification or communication to be made by any State or any
international organization under the present Convention shall:

(a) if there is no depositary, be transmitted direct to the States and
organizations for which it is intended, or if there is a depositary, to
the latter;

(b) be considered as having been nude by the State or organization in
question only upon its receipt by the State or organization to which it
was transmitted or, as the case may be, upon its receipt by the
depositary;

(c) if transmitted to a depositary, be considered as received by the
State or organization for which it was intended only when the latter
State or organization has been informed by the depositary in accordance
with article 78, paragraph 1(e).

Article 80

Correction of errors in texts or in certified copies of treaties

1. Where, after the authentication of the text of a treaty, the
signatory States and international organizations and the contracting
States and contracting organizations are agreed that it contains an
error, the error shall, unless those States and organizations decide upon
some other means of correction, be corrected:

(a) by having the appropriate correction made in the text and causing
the correction to be initialled by duly authorized representatives;

(b) by executing or exchanging an instrument or instruments setting
out the correction which it has been agreed to make; or

(c) by executing a corrected text of the whole treaty by the same
procedure as in the case of the original text.

2. Where the treaty is one for which there is a depositary, the latter
shall notify the signatory States and international organizations and the
contracting States and contracting organizations of the error and of the
proposal to correct it and shall specify an appropriate time-limit within
which objection to the proposed correction may be raised. If, on the
expiry of the time-limit:

(a) no objection has been raised, the depositary shall make and
initial the correction in the text and shall execute a procŠs-verbal of
the rectification of the text and communicate a copy of it to the parties
and to the States and organizations entitled to become parties to the
treaty;

(b) an objection has been raised, the depositary shall communicate the
objection to the signatory States and organizations and to the
contracting States and contracting organizations.

3. The rules in paragraphs 1 and 2 apply also where the text has been
authenticated in two or more languages and it appears that there is a
lack of concordance which the signatory States and international
organizations and the contracting States and contracting organizations
agree should be corrected.

4. The corrected text replaces the defective text ab initio, unless the
signatory States and international organizations and the contracting
States and contracting organizations otherwise decide.

5. The correction of the text of a treaty that has been registered shall
be notified to the Secretariat of the United Nations.

6. Where an error is discovered in a certified copy of a treaty, the
depositary shall execute a procŠs-verbal specifying the rectification and
communicate a copy of it to the signatory States and international
organizations and to the contracting States and contracting
organizations.

Article 81

Registration and publication of treaties

1. Treaties shall, after their entry into force, be transmitted to the
Secretariat of the United Nations for registration or filing and
recording, as the case may be, and for publication.

2. The designation of a depositary shall constitute authorization for it
to perform the acts specified in the preceding paragraph.

PART VIII

FINAL PROVISIONS

Article 82

Signature

The present Convention shall be open for signature until 31 December
1986 at the Federal Ministry for Foreign Affairs of the Republic of
Austria, and subsequently, until 30 June 1987, at United Nations
Headquarters, New York by:

(a) all States;

(b) Namibia, represented by the United Nations Council for Namibia;

(c) international organizations invited to participate in the United
Nations Conference on the Law of Treaties between States and
International Organizations or between International Organizations.

Article 83

Ratification or act of formal confirmation

The present Convention is subject to ratification by States and by
Namibia, represented by the United Nations Council for Namibia, and to
acts of formal confirmation by international organizations. The
instruments of ratification and those relating to acts of formal
confirmation shall be deposited with the Secretary-General of the United
Nations.

Article 84

Accession

1. The present Convention shall remain open for accession by any State,
by Namibia, represented by the United Nations Council for Namibia, and by
any international organization which has the capacity to conclude
treaties.

2. An instrument of accession of an international organization shall
contain a declaration that it has the capacity to conclude treaties.

3. The instruments of accession shall be deposited with the
Secretary-General of the United Nations.

Article 85

Entry into force

1. The present Convention shall enter into force on the thirtieth day
following the date of deposit of the thirty-fifth instrument of
ratification or accession by States or by Namibia, represented by the
United Nations Council for Namibia.

2. For each State or for Namibia, represented by the United Nations
Council for Namibia, ratifying or acceding to the Convention after the
condition specified in paragraph 1 has been fulfilled, the Convention
shall enter into force on the thirtieth day after deposit by such State
or by Namibia of its instrument of ratification or accession.

3. For each international organization depositing an instrument relating
to an act of formal confirmation or an instrument of accession, the
Convention shall enter into force on the thirtieth day after such
deposit, or at the date the Convention enters into force pursuant to
paragraph 1, whichever is later.

Article 86

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 by their respective Governments, and duly authorized
representatives of the United Nations Council for Namibia and of
international organizations have signed the present Convention.

DONE at VIENNA this twenty-first day of March one thousand nine
hundred and eighty-six.