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

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

(21 March 1986)

The Parties to the present Convention,

Considering the fundamental role of treaties in the history of
international relations,

Recognizing the consensual nature of treaties and their
ever-increasing importance as a source of international law,

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

Affirming the importance of enhancing the process of codification and
progressive development of international law at a universal level,

Believing that the codification and progressive development of the
rules relating to treaties between States and international organizations
or between international organizations are means of enhancing legal order
in international relations and of serving the purposes of the United
Nations,

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,

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

Recognizing the relationship between the law of treaties between
States and the law of treaties between States and international
organizations or between international organizations,

Considering the importance of treaties between States and
international organizations or between international organizations as a
useful means of developing international relations and ensuring
conditions for peaceful cooperation among nations, whatever their
constitutional and social systems,

Having in mind the specific features of treaties to which
international organizations are parties as subjects of international law
distinct from States,

Noting that international organizations possess the capacity to
conclude treaties which is necessary for the exercise of their functions
and the fulfillment of their purposes,

Recognizing that the practice of international organizations in
concluding treaties with States or between themselves should be in
accordance with their constituent instruments,

Affirming that nothing in the present Convention should be
interpreted as affecting those relations between an international
organization and its members which are regulated by the rules of the
organization,

Affirming also that disputes (concerning treaties, like other
international disputes, should be settled, in conformity with the Charter
of the United Nations, by peaceful means and in conformity with the
principles of justice and international law,

Affirming also 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

INTRODUCTION

Article 1

Scope of the present Convention

The present Convention applies to:

(a) treaties between one or more States and one or more international
organizations, and

(b) treaties between international organizations.

Article 2

Use of terms

1. For the purposes of the present Convention:

(a) “treaty” means an international agreement governed by
international law and concluded in written form:

(i) between one or more States and one or more international
organizations; or

(ii) between international organizations,

whether that agreement is embodied in a single instrument or in two or
more related instruments and whatever its particular designation;

(b) “ratification” means the international act so named whereby a
State establishes on the international plane its consent to be bound by a
treaty;

(b bis) “act of formal confirmation” means an international act
corresponding to that of ratification by a State, whereby an
international organization establishes on the international plane its
consent to be bound by a treaty;

(b ter) “acceptance”, “approval” and “accession” mean in each case the
international act so named whereby a State or an international
organization establishes on the international plane its consent to be
bound by a treaty;

(c) “full powers” means a document emanating from the competent
authority of a State or from the competent organ of an international
organization designating a person or persons to represent the State or
the organization for negotiating, adopting or authenticating the text of
a treaty, for expressing the consent of the State or of the organization
to be bound by a treaty, or for accomplishing any other act with respect
to a treaty;

(d) “reservation” means a unilateral statement, however phrased or
named, made by a State or by an international organization when signing,
ratifying, formally confirming, accepting, approving or acceding 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 or to
that organization;

(e) “negotiating State” and “negotiating organization” mean
respectively:

(i) a State, or
(ii) an international organization,

which took part in the drawing up and adoption of the text of the treaty;

(f) “contracting State” and “contracting organization” mean
respectively:

(i) a State, or
(ii) an international organization,

which has consented to be bound by the treaty, whether or not the treaty
has entered into force;

(g) “party” means a State or an international organization which has
consented to be bound by the treaty and for which the treaty is in force;

(h) “third State” and “third organization” mean respectively:

(i) a State, or
(ii) an international organization,

not a party to the treaty;

(i) “international organization” means an intergovernmental
organization;

(j) “rules of the organization” means, in particular, the constituent
instruments, decisions and resolutions adopted in accordance with them,
and established practice of the 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
or in the rules of any international organization.

Article 3

International agreements not within the scope
of the present Convention

The fact that the present Convention does not apply:

(i) to international agreements to which one or more States, one
or more international organizations and one or more subjects
of international law other than States or organizations are
parties;

(ii) to international agreements to which one or more
international organizations and one or more subjects of
international law other than States or organizations are
parties;

(iii) to international agreements not in written form between one
or more States and one or more international organizations,
or between international organizations; or

(iv) to international agreements between subjects of international
law other than States or international organizations;

shall not affect:

(a) the legal force of such agreements;

(b) the application to them of any of the rules set forth in the
present Convention to which they would be subject under international law
independently of the Convention;

(c) the application of the Convention to the relations between States
and international organizations or to the relations of organizations as
between themselves, when those relations are governed by international
agreements to which other subjects of international law are also parties.

Article 4

Non-retroactivity of the present Convention

Without prejudice to the application of any rules set forth in the
present Convention to which treaties between one or more States and one
or more international organizations or between international
organizations would be subject under international law independently of
the Convention, the Convention applies only to such treaties concluded
after the entry into force of the present Convention with regard to those
States and those organizations.

Article 5

Treaties constituting international organizations and
treaties adopted within an international organization

The present Convention applies to any treaty between one or more
States and one or more international organizations which is the
constituent instrument of an international organization and to any treaty
adopted within an international organization, without prejudice to any
relevant rules of the organization.

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;

(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;

(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

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.

SECTION 2.

RESERVATIONS

Article 19

Formulation of reservations

A State or an international organization may, when signing, ratifying,
formally confirming, accepting, approving or acceding to a treaty,
formulate a reservation unless:

(a) the reservation is prohibited by the treaty;

(b) the treaty provides that only specified reservations, which do not
include the reservation in question, may be made; or

(c) in cases not falling under sub-paragraphs (a) and (b), the
reservation is incompatible with the object and purpose of the treaty.

Article 20

Acceptance of and objection to reservations

1. A reservation expressly authorized by a treaty does not require any
subsequent acceptance by the contracting States and contracting
organizations or, as the case may be, by the contracting organizations
unless the treaty so provides.

2. When it appears from the limited number of the negotiating States and
negotiating organizations or, as the case may be, of the negotiating
organizations and the object and purpose of a treaty that the application
of the treaty in its entirety between all the parties is an essential
condition of the consent of each one to be bound by the treaty, a
reservation requires acceptance by all the parties.

3. When a treaty is a constituent instrument of an international
organization and unless it otherwise provides, a reservation requires the
acceptance of the competent organ of that organization.

4. In cases not falling under the preceding paragraphs and unless the
treaty otherwise provides:

(a) acceptance of a reservation by a contracting State or by a
contracting organization constitutes the reserving State or international
organization a party to the treaty in relation to the accepting State or
organization if or when the treaty is in force for the reserving State or
organization and for the accepting State or organization;

(b) an objection by a contracting State or by a contracting
organization to a reservation does not preclude the entry into force of
the treaty as between the objecting State or international organization
and the reserving State or organization unless a contrary intention is
definitely expressed by the objecting State or organization;

(c) an act expressing the consent of a State or of an international
organization to be bound by the treaty and containing a reservation is
effective as soon as at least one contracting State or one contracting
organization has accepted the reservation.

5. For the purposes of paragraphs 2 and 4 and unless the treaty
otherwise provides, a reservation is considered to have been accepted by
a State or an international organization if it shall have raised no
objection to the reservation by the end of a period of twelve months
after it was notified of the reservation or by the date on which it
expressed its consent to be bound by the treaty, whichever is later.

Article 21

Legal effects of reservations and of objections to reservations

1. A reservation established with regard to another party in accordance
with articles 19, 20 and 23:

(a) modifies for the reserving State or international organization in
its relations with that other party the provisions of the treaty to which
the reservation relates to the extent of the reservation; and

(b) modifies those provisions to the same extent for that other party
in its relations with the reserving State or international organization.

2. The reservation does not modify the provisions of the treaty for the
other parties to the treaty inter se.

3. When a State or an international organization objecting to a
reservation has not opposed the entry into force of the treaty between
itself and the reserving State or organization, the provisions to which
the reservation relates do not apply as between the reserving State or
organization and the objecting State or organization to the extent of the
reservation.

Article 22

Withdrawal of reservations and of objections to reservations

1. Unless the treaty otherwise provides, a reservation may be withdrawn
at any time and the consent of a State or of an international
organization which has accepted the reservation is not required for its
withdrawal.

2. Unless the treaty otherwise provides, an objection to a reservation
may be withdrawn at any time.

3. Unless the treaty otherwise provides, or it is otherwise agreed:
(a) the withdrawal of a reservation becomes operative in relation to a
contracting State or a contracting organization only when notice of it
has been received by that State or that organization;

(b) the withdrawal of an objection to a reservation becomes operative
only when notice of it has been received by the State or international
organization which formulated the reservation.

Article 23

Procedure regarding reservations

1. A reservation, an express acceptance of a reservation and an
objection to a reservation must be formulated in writing and communicated
to the contracting States and contracting organizations and other States
and international organizations entitled to become parties to the treaty.

2. If formulated when signing the treaty subject to ratification, act of
formal confirmation, acceptance or approval, a reservation must be
formally confirmed by the reserving State or international organization
when expressing its consent to be bound by the treaty. In such a case the
reservation shall be considered as having been made on the date of its
confirmation.

3. An express acceptance of, or an objection to, a reservation made
previously to confirmation of the reservation does not itself require
confirmation.

4. The withdrawal of a reservation or of an objection to a reservation
must be formulated in writing.

SECTION 3.

ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES

Article 24

Entry into force

1. A treaty enters into force in such manner and upon such date as it
may provide or as the negotiating States and negotiating organizations
or, as the case may be, the negotiating organizations may agree.

2. Failing any such provision or agreement, a treaty enters into force
as soon as consent to be bound by the treaty has been established for all
the negotiating States and negotiating organizations or, as the case may
be, all the negotiating organizations.

3. When the consent of a State or of an international organization to be
bound by a treaty is established on a date after the treaty has come into
force, the treaty enters into force for that State or that organization
on that date, unless the treaty otherwise provides.

4. The provisions of a treaty regulating the authentication of its text,
the establishment of consent to be bound by the treaty, the manner or
date of its entry into force, reservations, the functions of the
depositary and other matters arising necessarily before the entry into
force of the treaty apply from the time of the adoption of its text.

Article 25

Provisional application

1. A treaty or a part of a treaty is applied provisionally pending its
entry into force if:

(a) the treaty itself so provides; or

(b) the negotiating States and negotiating organizations or, as the
case may be, the negotiating organizations have in some other manner so
agreed.

2. Unless the treaty otherwise provides or the negotiating States and
negotiating organizations or, as the case may be, the negotiating
organizations have otherwise agreed, the provisional application of a
treaty or a part of a treaty with respect to a State or an international
organization shall be terminated if that State or that organization
notifies the States and organizations with regard to which the treaty is
being applied provisionally of its intention not to become a party to the
treaty.

PART III

OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES

SECTION 1.

OBSERVANCE OF TREATIES

Article 26

Pacta sunt servanda

Every treaty in force is binding upon the parties to it and must be
performed by them in good faith.

Article 27

Internal law of States, rules of international organizations
and observance of treaties

1. A State party to a treaty may not invoke the provisions of its
internal law as justification for its failure to perform the treaty.

2. An international organization party to a treaty may not invoke the
rules of the organization as justification for its failure to perform the
treaty.

3. The rules contained in the preceding paragraphs are without prejudice
to article 46.

SECTION 2.

APPLICATION OF TREATIES

Article 28

Non-retroactivity of treaties

Unless a different intention appears from the treaty or is otherwise
established, its provisions do not bind a party in relation to any act or
fact which took place or any situation which ceased to exist before the
date of the entry into force of the treaty with respect to that party.

Article 29

Territorial scope of treaties

Unless a different intention appears from the treaty or is otherwise
established, a treaty between one or more States and one or more
international organizations is binding upon each State party in respect
of its entire territory.

Article 30

Application of successive treaties
relating to the same subject-matter

1. The rights and obligations of States and international organizations
parties to successive treaties relating to the same subject-matter shall
be determined in accordance with the following paragraphs.

2. When a treaty specifies that it is subject to, or that it is not to
be considered as incompatible with, an earlier or later treaty, the
provisions of that other treaty prevail.

3. When all the parties to the earlier treaty are parties also to the
later treaty but the earlier treaty is not terminated or suspended in
operation under article 59, the earlier treaty applies only to the extent
that its provisions are compatible with those of the later treaty.

4. When the parties to the later treaty do not include all the parties
to the earlier one:

(a) as between two parties, each of which is a party to both treaties,
the same rule applies as in paragraph 3;

(b) as between at party to both treaties and a party to only one of
the treaties, the treaty to which both are parties governs their mutual
rights and obligations.

5. Paragraph 4 is without prejudice to article 41, or to any question of
the termination or suspension of the operation of a treaty under article
60 or to any question of responsibility which may arise for a State or
for an international organization from the conclusion or application of a
treaty the provisions of which are incompatible with its obligations
towards a State or an organization under another treaty.

6. The preceding paragraphs are without prejudice to the fact that, in
the event of a conflict between obligations under the Charter of the
United Nations and obligations under a treaty, the obligations under the
Charter shall prevail.

SECTION 3.

INTERPRETATION OF TREATIES

Article 31

General rule of interpretation

1. A treaty shall be interpreted in good faith in accordance with the
ordinary meaning to be given to the terms of the treaty in their context
and in the light of its object and purpose.

2. The context for the purpose of the interpretation of a treaty shall
comprise, in addition to the text, including its preamble and annexes:

(a) any agreement relating to the treaty which was made between all
the parties in connection with the conclusion of the treaty;

(b) any instrument which was made by one or more parties in connection
with the conclusion of the treaty and accepted by the other parties as an
instrument related to the treaty.

3. There shall be taken into account, together with the context:

(a) any subsequent agreement between the parties regarding the
interpretation of the treaty or the application of its provisions;

(b) any subsequent practice in the application of the treaty which
establishes the agreement of the parties regarding its interpretation;

4. A special meaning shall be given to a term if it is established that
the parties so intended.

Article 32

Supplementary means of interpretation

Recourse may be had to supplementary means of interpretation, including
the preparatory work of the treaty and the circumstances of its
conclusion, in order to confirm the meaning resulting from the
application of article 31, or to determine the meaning when the
interpretation according to article 31:

(a) leaves the meaning ambiguous or obscure; or

(b) leads to a result which is manifestly absurd or unreasonable.

Article 33

Interpretation of treaties authenticated in two or more languages

1. When a treaty has been authenticated in two or more languages, the
text is equally authoritative in each language, unless the treaty
provides or the parties agree that, in case of divergence, a particular
text shall prevail.

2. A version of the treaty in a language other than one of those in
which the text was authenticated shall be considered an authentic text
only if the treaty so provides or the parties so agree.

3. The terms of a treaty are presumed to have the same meaning in each
authentic text.

4. Except where a particular text prevails in accordance with paragraph
1, when a comparison of the authentic texts discloses a difference of
meaning which the application of articles 31 and 32 does not remove, the
meaning which best reconciles the texts, having regard to the object and
purpose of the treaty, shall be adopted.

SECTION 4.

TREATIES AND THIRD STATES OR THIRD ORGANIZATIONS

Article 34

General rule regarding third States and third organizations

A treaty does not create either obligations or rights for a third
State or a third organization without the consent of that State or that
organization.

Article 35

Treaties providing for obligations
for third States or third organizations

An obligation arises for a third State or a third organization 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 or the
third organization expressly accepts that obligation in writing.
Acceptance by the third organization of such an obligation shall be
governed by the rules of that organization.

Article 36

Treaties providing for rights for third States or third organizations

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 right arises for a third organization from a provision of a teaty
if the parties to the treaty intend the provision to accord that right
either to the third organization, or to a group of international
organizations to which it belongs, or to all organizations, and the third
organization assents thereto. Its assent shall be governed by the rules
of the organization.

3. A State or an international organization exercising a right in
accordance with paragraph 1 or 2 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 or third organizations

1. When an obligation has arisen for a third State or a third
organization 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 or the third organization, unless it is established that they
had otherwise agreed.

2. When a right has arisen for a third State or a third organization 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 or the third organization.

3. The consent of an international organization party to the treaty or
of a third organization, as provided for in the foregoing paragraphs,
shall be governed by the rules of that organization.

Article 38

Rules in a treaty becoming binding on third States
or third organizations through international custom

Nothing in articles 34 to 37 precludes a rule set forth in a treaty
from becoming binding upon a third State or a third organization 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

1. 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.

2. The consent of an international organization to an agreement provided
for in paragraph 1 shall be governed by the rules of that organization.

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 and all the
contracting organizations, 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 or international organization 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 or international
organization 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 or organization.

5. Any State or international organization 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 or that
organization:

(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 or an
international organization 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 or of
any international organization to fulfil any obligation embodied in the
treaty to which that State or that organization 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

4. In cases falling under articles 49 and 50, the State or international
organization 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

1. 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.

2. An international organization 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 the conduct of the competent organ be
considered as having renounced the right to invoke that ground.

SECTION 2. INVALIDITY OF TREATIES

Article 46

Provisions of internal law of a State and rules of an international
organization regarding competence to conclude treaties

1. A State may not invoke the fact that its consent to be bound by a
treaty has been expressed in violation of a provision of its internal law
regarding competence to conclude treaties as invalidating its consent
unless that violation was manifest and concerned a rule of its internal
law of fundamental importance.

2. An international organization may not invoke the fact that its
consent to be bound by a treaty has been expressed in violation of the
rules of the organization regarding competence to conclude treaties as
invalidating its consent unless that violation was manifest and concerned
a rule of fundamental importance.

3. A violation is manifest if it would be objectively evident to any
State or any international organization conducting itself in the matter
in accordance with the normal practice of States and, where appropriate,
of international organizations and in good faith.

Article 47

Specific restrictions on authority to express the consent
of a State or an international organization

If the authority of a representative to express the consent of a State or
of an international organization to be bound by a particular treaty has
been made subject to a specific restriction, his omission to observe that
restriction may not be invoked as invalidating the consent expressed by
him unless the restriction was notified to the negotiating States and
negotiating organizations prior to his expressing such consent.

Article 48

Error

1. A State or an international organization may invoke an error in a
treaty as invalidating its consent to be bound by the treaty if the error
relates to a fact or situation which was assumed by that State or that
organization to exist at the time when the treaty was concluded and
formed an essential basis of the consent of that State or that
organization to be bound by the treaty.

2. Paragraph 1 shall not apply if the State or international
organization in question contributed by its own conduct to the error or
if the circumstances were such as to put that State or that organization
on notice of a possible error.

3. An error relating only to the wording of the text of a treaty does
not affect its validity; article 80 then applies.

Article 49

Fraud

A State or an international organization induced to conclude a treaty
by the fraudulent conduct of a negotiating State or a negotiating
organization may invoke the fraud as invalidating its consent to be bound
by the treaty.

Article 50

Corruption of a representative of a State
or of an international organization

A State or an international organization the expression of whose
consent to be bound by a treaty has been procured through the corruption
of its representative directly or indirectly by a negotiating State or a
negotiating organization may invoke such corruption as invalidating its
consent to be bound by the treaty.

Article 51

Coercion of a representative of a State
or of an international organization

The expression by a State or an international organization of consent
to be bound by a treaty which has been procured by the coercion of the
representative of that State or that organization through acts or threats
directed against him shall be without any legal effect.

Article 52

Coercion of a State or of an international organization
by the threat or use of force

A treaty is void if its conclusion has been procured by the threat or
use of force in violation of the principles of international law embodied
in the Charter of the United Nations.

Article 53

Treaties conflicting with a peremptory norm
of general international law (jus cogens)

A treaty is void if, at the time of its conclusion, it conflicts with
a peremptory norm of general international law. For the purposes of the
present Convention, a peremptory norm of general international law is a
norm accepted and recognized by the international community of States as
a whole as a norm from which no derogation is permitted and which can be
modified only by a subsequent norm of general international law having
the same character.

SECTION 3.

TERMINATION AND SUSPENSION OF
THE OPERATION OF TREATIES

Article 54

Termination of or withdrawal from a treaty under
its provisions or by consent of the parties

The termination of a treaty or the withdrawal of a party may take
place:

(a) in conformity with the provisions of the treaty; or

(b) at any time by consent of all the parties after consultation with
the contracting States and contracting organizations.

Article 55

Reduction of the parties to a multilateral treaty
below the number necessary for its entry into force

Unless the treaty otherwise provides, a multilateral treaty does not
terminate by reason only of the fact that the number of the parties falls
below the number necessary for its entry into force.

Article 56

Denunciation of or withdrawal from a treaty containing no provision
regarding termination, denunciation or withdrawal

1. A treaty which contains no provision regarding its termination and
which does not provide for denunciation or withdrawal is not subject to
denunciation or withdrawal unless:

(a) it is established that the parties intended to admit the
possibility of denunciation or withdrawal; or

(b) a right of denunciation or withdrawal may be implied by the nature
of the treaty.

2. A party shall give not less than twelve months’ notice of its
intention to denounce or withdraw from a treaty under paragraph 1.

Article 57

Suspension of the operation of a treaty
under its provisions or by consent of the parties

The operation of a treaty in regard to all the parties or to a
particular party may be suspended:

(a) in conformity with the provisions of the treaty; or

(b) at any time by consent of all the parties after consultation with
the contracting States and contracting organizations.

Article 58

Suspension of the operation of a multilateral treaty by
agreement between certain of the parties only

1. Two or more parties to a multilateral treaty may conclude an
agreement to suspend the operation of provisions of the treaty,
temporarily and as between themselves alone, if:

(a) the possibility of such a suspension is provided for by the
treaty; or

(b) the suspension 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) is not incompatible with the object and purpose of the
treaty.

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 those provisions of the treaty
the operation of which they intend to suspend.

Article 59

Termination or suspension of the operation
of a treaty implied by conclusion of a later treaty

1. A treaty shall be considered as terminated if all the parties to it
conclude a later treaty relating to the same subject-matter and:

(a) it appears from the later treaty or is otherwise established that
the parties intended that the matter should be governed by that treaty;
or

(b) the provisions of the later treaty are so far incompatible with
those of the earlier one that the two treaties are not capable of being
applied at the same time.

2. The earlier treaty shall be considered as only suspended in operation
if it appears from the later treaty or is otherwise established that such
was the intention of the parties.

Article 60

Termination or suspension of the operation of a treaty
as a consequence of its breach

1. A material breach of a bilateral treaty by one of the parties
entitles the other to invoke the breach as a ground for terminating the
treaty or suspending its operation in whole or in part.

2. A material breach of a multilateral treaty by one of the parties
entitles:

(a) the other parties by unanimous agreement to suspend the operation
of the treaty in whole or in part or to terminate it either:

(i) in the relations between themselves and the defaulting State
or international organization, or
(ii) as between all the parties;

(b) a party specially affected by the breach to invoke it as a ground
for suspending the operation of the treaty in whole or in part in the
relations between itself and the defaulting State or international
organization;

(c) any party other than the defaulting State or international
organization to invoke the breach as a ground for suspending the
operation of the treaty in whole or in part with respect to itself if the
treaty is of such a character that a material breach of its provisions by
one party radically changes the position of every party with respect to
the further performance of its obligations under the treaty.

3. A material breach of a treaty, for the purposes of this article,
consists in;

(a) a repudiation of the treaty not sanctioned by the present
Convention; or

(b) the violation of a provision essential to the accomplishment of
the object or purpose of the treaty.

4. The foregoing paragraphs are without prejudice to any provision in
the treaty applicable in the event of a breach.

5. Paragraphs 1 to 3 do not apply to provisions relating to the
protection of the human person contained in treaties of a humanitarian
character, in particular to provisions prohibiting any form of reprisals
against persons protected by such treaties.

Article 61

Supervening impossibility of performance

1. A party may invoke the impossibility of performing a treaty as a
ground for terminating or withdrawing from it if the impossibility
results from the permanent disappearance or destruction of an object
indispensable for the execution of the treaty. If the impossibility is
temporary, it may be invoked only as a ground for suspending the
operation of the treaty.

2. Impossibility of performance may not be invoked by a party as a
ground for terminating, withdrawing from or suspending the operation of a
treaty if the impossibility is the result of a breach by that party
either of an obligation under the treaty or of any other international
obligation owed to any other party to the treaty.

Article 62

Fundamental change of circumstances

1. A fundamental change of circumstances which has occurred with regard
to those existing at the time of the conclusion of a treaty, and which
was not foreseen by the parties, may not be invoked as a ground for
terminating or withdrawing from the treaty unless:

(a) the existence of those circumstances constituted an essential
basis of the consent of the parties to be bound by the treaty; and

(b) the effect of the change is radically to transform the extent of
obligations still to be performed under the treaty.

2. A fundamental change of circumstances may not be invoked as a ground
for terminating or withdrawing from a treaty between two or more States
and one or more international organizations if the treaty establishes a
boundary.

3. A fundamental change of circumstances may not be invoked as a ground
for terminating or withdrawing from a treaty if the fundamental change is
the result of a breach by the party invoking it either of an obligation
under the treaty or of any other international obligation owed to any
other party to the treaty.

4. If, under the foregoing paragraphs, a party may invoke a fundamental
change of circumstances as a ground for terminating or withdrawing from a
treaty it may also invoke the change as a ground for suspending the
operation of the treaty.

Article 63

Severance of diplomatic or consular relations

The severance of diplomatic or consular relations between States
parties to a treaty between two or more States and one or more
international organizations does not affect the legal relations
established between those States by the treaty except in so far as the
existence of diplomatic or consular relations is indispensable for the
application of the treaty.

Article 64

Emergence of a new peremptory norm of
general international law (jus cogens)

If a new peremptory norm of general international law emerges, any
existing treaty which is in conflict with that norm becomes void and
terminates.

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.

SECTION 5.

CONSEQUENCES OF THE INVALIDITY
TERMINATION OR SUSPENSION OF THE OPERATION OF A TREATY

Article 69

Consequences of the invalidity of a treaty

1. A treaty the invalidity of which is established under the present
Convention is void. The provisions of a void treaty have no legal force.

2. If acts have nevertheless been performed in reliance on such a
treaty:

(a) each party may require any other party to establish as far as
possible in their mutual relations the position that would have existed
if the acts had not been performed;

(b) acts performed in good faith before the invalidity was invoked are
not rendered unlawful by reason only of the invalidity of the treaty.

3. In cases falling under articles 49, 50, 51 or 52, paragraph 2 does
not apply with respect to the party to which the fraud, the act of
corruption or the coercion is imputable.

4. In the case of the invalidity of the consent of a particular State or
a particular international organization to be bound by a multilateral
treaty, the foregoing rules apply in the relations between that State or
that organization and the parties to the treaty.

Article 70

Consequences of the termination of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree,
the termination of a treaty under its provisions or in accordance with
the present Convention:

(a) releases the parties from any obligation further to perform the
treaty;

(b) does not affect any right, obligation or legal situation of the
parties created through the execution of the treaty prior to its
termination.

2. If it State or an international organization denounces or withdraws
from a multilateral treaty, paragraph 1 applies in the relations between
that State or that organization and each of the other parties to the
treaty from the date when such denunciation or withdrawal takes effect.

Article 71

Consequences of the invalidity of a treaty which conflicts
with a peremptory norm of general international law

1. In the case of a treaty which is void under article 53 the parties
shall:

(a) eliminate as far as possible the consequences of any act performed
in reliance on any provision which conflicts with the peremptory norm of
general international law; and

(b) bring their mutual relations into conformity with the peremptory
norm of general international law.

2. In the case of a treaty which becomes void and terminates under
article 64, the termination of the treaty:

(a) releases the parties from any obligation further to perform the
treaty;

(b) does not affect any right, obligation or legal situation of the
parties created through the execution of the treaty prior to its
termination; provided that those rights, obligations or situations may
thereafter be maintained only to the extent that their maintenance is not
in itself in conflict with the new peremptory norm of general
international law.

Article 72

Consequences of the suspension of the operation of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree,
the suspension of the operation of a treaty under its provisions or in
accordance with the present Convention:

(a) releases the parties between which the operation of the treaty is
suspended from the obligation to perform the treaty in their mutual
relations during the period of the suspension;

(b) does not otherwise affect the legal relations between the parties
established by the treaty.

2. During the period of the suspension the parties shall refrain from
acts tending to obstruct the resumption of the operation of the treaty.

PART VI

MISCELLANEOUS PROVISIONS

Article 73

Relationship to the Vienna Convention on the Law of Treaties

As between States parties to the Vienna Convention on the Law of
Treaties of 1969, the relations of those States under a treaty between
two or more States and one or more international organizations shall be
governed by that Convention.

Article 74

Questions not prejudged by the present Convention

1. The provisions of the present Convention shall not prejudge any
question that may arise in regard to a treaty between one or more States
and one or more international organizations from a succession of States
or from the international responsibility of a State or from the outbreak
of hostilities between States.

2. The provisions of the present Convention shall not prejudge any
question that may arise in regard to a treaty from the international
responsibility of an international organization, from the termination of
the existence of the organization or from the termination of
participation by a State in the membership of the organization.

3. The provisions of the present Convention shall not prejudge any
question that may arise in regard to the establishment of obligations and
rights for States members of an international organization under a treaty
to which that organization is a party.

Article 75

Diplomatic and consular relations and the conclusion of treaties

The severance or absence of diplomatic or consular relations between
two or more States does not prevent the conclusion of treaties between
two or more of those States and one or more international organizations.
The conclusion of such a treaty does not in itself affect the situation
in regard to diplomatic or consular relations.

Article 76
Case of an aggressor State

The provisions of the present Convention are without prejudice to any
obligation in relation to a treaty between one or more States and one or
more international organizations which may arise for an aggressor State
in consequence of measures taken in conformity with the Charter of the
United Nations with reference to that State’s aggression.

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

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.

ANNEX

ARBITRATION AND CONCILIATION PROCEDURES
ESTABLISHED IN APPLICATION OF ARTICLE 66

I. ESTABLISHMENT OF THE ARBITRAL TRIBUNAL
OR CONCILIATION COMMISSION

1. A list consisting of qualified jurists, from which the parties to a
dispute may choose the persons who are to constitute an arbitral tribunal
or, as the case may be, a conciliation commission, 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 and every party to
the present Convention shall be invited to nominate two persons, and the
names of the persons so nominated shall constitute the list, a copy of
which shall be transmitted to the President of the International Court of
Justice. The term of office of a person on the list, including that of
any person nominated to fill a casual vacancy, shall be five years and
may be renewed. A person whose term expires shall continue to fulfil any
function for which he shall have been chosen under the following
paragraphs.

2. When notification has been made under article 66, paragraph 2,
sub-paragraph (f), or agreement on the procedure in the present Annex has
been reached under paragraph 3, the dispute shall be brought before an
arbitral tribunal. When a request has been made to the Secretary-General
under article 66, paragraph 4, the Secretary-General shall bring the
dispute before a conciliation commission. Both the arbitral tribunal and
the conciliation commission shall be constituted as follows:

The States, international organizations or, as the case may be, the
States and organizations which constitute one of the parties to the
dispute shall appoint by common consent:

(a) one arbitrator or, as the case may be, one conciliator, who may or
may not be chosen from the list referred to in paragraph 1; and

(b) one arbitrator or, as the case may be, one conciliator, who shall
be chosen from among those included in the list and shall not be of the
nationality of any of the States or nominated by any of the organizations
which constitute that party to the dispute, provided that a dispute
between two international organizations is not considered by nationals of
one and the same State.

The States, international organizations or, as the case may be, the
States and organizations which constitute the other party to the dispute
shall appoint two arbitrators or, as the case may be, two conciliators,
in the same way. The four persons chosen by the parties shall be
appointed within sixty days following the date on which the other party
to the dispute receives notification under article 66, paragraph 2,
sub-paragraph (f), or on which the agreement on the procedure in the
present Annex under paragraph 3 is reached, or on which the
Secretary-General receives the request for conciliation.

The four persons so chosen shall, within sixty days following the
date of the last of their own appointments, appoint from the list a fifth
arbitrator or, as the case may be, conciliator, who shall be chairman.

If the appointment of the chairman, or any of the arbitrators or, as
the case may be, conciliators, has not been made within the period
prescribed above for such appointment, it shall be made by the
Secretary-General of the United Nations 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. If the United Nations is a party or is included
in one of the parties to the dispute, the Secretary-General shall
transmit the above-mentioned request to the President of the
International Court of Justice, who shall perform the functions conferred
upon the Secretary-General under this sub-paragraph.

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

The appointment of arbitrators or conciliators by an international
organization provided for in paragraphs 1 and 2 shall be governed by the
rules of that organization.

II. FUNCTIONING OF THE ARBITRAL TRIBUNAL

3. Unless the parties to the dispute otherwise agree, the Arbitral
Tribunal shall decide its own procedure, assuring to each party to the
dispute a full opportunity to be heard and to present its case.

4. The Arbitral Tribunal, with the consent of the parties to the
dispute, may invite any interested State or international organization to
submit to it its views orally or in writing.

5. Decisions of the Arbitral Tribunal shall be adopted by a majority
vote of the members. In the event of an equality of votes, the vote of
the Chairman shall be decisive.

6. When one of the parties to the dispute does not appear before the
Tribunal or fails to defend its case, the other party may request the
Tribunal to continue the proceedings and to make its award. Before making
its award, the Tribunal must satisfy itself not only that it has
jurisdiction over the dispute but also that the claim is well founded in
fact and law.

7. The award of the Arbitral Tribunal shall be confined to the
subject-matter of the dispute and state the reasons on which it is based.
Any member of the Tribunal may attach a separate or dissenting opinion to
the award.

8. The award shall be final and without appeal. It shall be complied
with by all parties to the dispute.

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

III. FUNCTIONING OF THE CONCILIATION COMMISSION

10. 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 treaty 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.

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

12. 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.

13. 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.

14. 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.

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

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

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

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