Vienna Convention on the Law of Treaties

1969
Done at Vienna on 23 May 1969. Entered into force on 27 Janary 19!".
#nited $ations% Treaty Series% vo&. 11''% (. 331
Co(yri)ht * #nited $ations
2""'
2
Vienna Convention on the Law of Treaties
Done at Vienna on 23 May 1969
The States Parties to the present Convention%
Considering the fnda+enta& ro&e of treaties in the history of internationa& re&ations%
Recognizing the ever,increasin) i+(ortance of treaties as a sorce of internationa& &aw
and as a
+eans of deve&o(in) (eacef& coo(eration a+on) nations% whatever their constittiona&
and socia&
syste+s%
Noting that the (rinci(&es of free consent and of )ood faith and the pacta sunt servanda
r&e are
niversa&&y reco)ni-ed%
Afrming that dis(tes concernin) treaties% &i.e other internationa& dis(tes% sho&d /e
sett&ed /y
(eacef& +eans and in confor+ity with the (rinci(&es of 0stice and internationa& &aw%
Recalling the deter+ination of the (eo(&es of the #nited $ations to esta/&ish conditions
nder
which 0stice and res(ect for the o/&i)ations arisin) fro+ treaties can /e +aintained%
Having in mind the (rinci(&es of internationa& &aw e+/odied in the Charter of the #nited
$ations%
sch as the (rinci(&es of the e1a& ri)hts and se&f,deter+ination of (eo(&es% of the
soverei)n e1a&ity and
inde(endence of a&& 2tates% of non,interference in the do+estic a3airs of 2tates% of the
(rohi/ition of the
threat or se of force and of niversa& res(ect for% and o/servance of% h+an ri)hts and
fnda+enta&
freedo+s for a&&%
Believing that the codi4cation and (ro)ressive deve&o(+ent of the &aw of treaties
achieved in the
(resent Convention wi&& (ro+ote the (r(oses of the #nited $ations set forth in the
Charter% na+e&y% the
+aintenance of internationa& (eace and secrity% the deve&o(+ent of friend&y re&ations
and the
achieve+ent of coo(eration a+on) nations%
Afrming that the r&es of csto+ary internationa& &aw wi&& contine to )overn 1estions
not
re)&ated /y the (rovisions of the (resent Convention%
Have agreed as fo&&ows5
678T 9.
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Article 1
Scope o the present Convention
The (resent Convention a((&ies to treaties /etween 2tates.
3
Article !
"se o terms
1.;or the (r(oses of the (resent Convention5
<a= >treaty? +eans an internationa& a)ree+ent conc&ded /etween 2tates in written for+
and )overned
/y internationa& &aw% whether e+/odied in a sin)&e instr+ent or in two or +ore re&ated
instr+ents and
whatever its (artic&ar desi)nation@
<#= >rati4cation?% >acce(tance?% >a((rova&? and >accession? +ean in each case the
internationa& act
so na+ed where/y a 2tate esta/&ishes on the internationa& (&ane its consent to /e /ond
/y a treaty@
<c= >f&& (owers? +eans a doc+ent e+anatin) fro+ the co+(etent athority of a 2tate
desi)natin) a
(erson or (ersons to re(resent the 2tate for ne)otiatin)% ado(tin) or athenticatin) the
teAt of a treaty%
for eA(ressin) the consent of the 2tate to /e /ond /y a treaty% or for acco+(&ishin) any
other act with
res(ect to a treaty@
<d= >reservation? +eans a ni&atera& state+ent% however (hrased or na+ed% +ade /y a
2tate% when
si)nin)% ratifyin)% acce(tin)% a((rovin) or accedin) to a treaty% where/y it (r(orts to
eAc&de or to
+odify the &e)a& e3ect of certain (rovisions of the treaty in their a((&ication to that 2tate@
<e= >ne)otiatin) 2tate? +eans a 2tate which too. (art in the drawin) ( and ado(tion of
the teAt of
the treaty@
<= >contractin) 2tate? +eans a 2tate which has consented to /e /ond /y the treaty%
whether or not
the treaty has entered into force@
<g= >(arty? +eans a 2tate which has consented to /e /ond /y the treaty and for which
the treaty is in
force@
<h= >third 2tate? +eans a 2tate not a (arty to the treaty@
<i= >internationa& or)ani-ation? +eans an inter)overn+enta& or)ani-ation.
2.The (rovisions of (ara)ra(h 1 re)ardin) the se of ter+s in the (resent Convention are
withot
(re0dice to the se of those ter+s or to the +eanin)s which +ay /e )iven to the+ in the
interna& &aw of
any 2tate.
Article $
%nternational agreements not &ithin the scope
o the present Convention
The fact that the (resent Convention does not a((&y to internationa& a)ree+ents
conc&ded
/etween 2tates and other s/0ects of internationa& &aw or /etween sch other s/0ects of
internationa&
&aw% or to internationa& a)ree+ents not in written for+% sha&& not a3ect5
B
<a= the &e)a& force of sch a)ree+ents@
<#= the a((&ication to the+ of any of the r&es set forth in the (resent Convention to which
they wo&d
/e s/0ect nder internationa& &aw inde(endent&y of the Convention@
<c= the a((&ication of the Convention to the re&ations of 2tates as /etween the+se&ves
nder
internationa& a)ree+ents to which other s/0ects of internationa& &aw are a&so (arties.
Article '
Non(retroactivity o the present Convention
Cithot (re0dice to the a((&ication of any r&es set forth in the (resent Convention to
which
treaties wo&d /e s/0ect nder internationa& &aw inde(endent&y of the Convention% the
Convention
a((&ies on&y to treaties which are conc&ded /y 2tates after the entry into force of the
(resent
Convention with re)ard to sch 2tates.
Article )
Treaties constituting international organizations and treaties
adopted &ithin an international organization
The (resent Convention a((&ies to any treaty which is the constitent instr+ent of an
internationa& or)ani-ation and to any treaty ado(ted within an internationa& or)ani-ation
withot
(re0dice to any re&evant r&es of the or)ani-ation.
678T 99.
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Article *
Capacity o States to conclude treaties
Every 2tate (ossesses ca(acity to conc&de treaties.
Article +
,ull po&ers
1.7 (erson is considered as re(resentin) a 2tate for the (r(ose of ado(tin) or
athenticatin) the
teAt of a treaty or for the (r(ose of eA(ressin) the consent of the 2tate to /e /ond /y a
treaty if5
<a= he (rodces a((ro(riate f&& (owers@ or
<#= it a((ears fro+ the (ractice of the 2tates concerned or fro+ other circ+stances that
their
intention was to consider that (erson as re(resentin) the 2tate for sch (r(oses and to
dis(ense with
f&& (owers.
'
2. 9n virte of their fnctions and withot havin) to (rodce f&& (owers% the fo&&owin) are
considered as re(resentin) their 2tate5
<a= Eeads of 2tate% Eeads of Fovern+ent and Ministers for ;orei)n 73airs% for the (r(ose
of
(erfor+in) a&& acts re&atin) to the conc&sion of a treaty@
<#= heads of di(&o+atic +issions% for the (r(ose of ado(tin) the teAt of a treaty /etween
the
accreditin) 2tate and the 2tate to which they are accredited@
<c= re(resentatives accredited /y 2tates to an internationa& conference or to an
internationa&
or)ani-ation or one of its or)ans% for the (r(ose of ado(tin) the teAt of a treaty in that
conference%
or)ani-ation or or)an.
Article -
Su#se.uent con/rmation o an act perormed
&ithout authorization
7n act re&atin) to the conc&sion of a treaty (erfor+ed /y a (erson who cannot /e
considered
nder artic&e 7 as athori-ed to re(resent a 2tate for that (r(ose is withot &e)a& e3ect
n&ess
afterwards con4r+ed /y that 2tate.
Article 0
Adoption o the te1t
1.The ado(tion of the teAt of a treaty ta.es (&ace /y the consent of a&& the 2tates
(artici(atin) in
its drawin) ( eAce(t as (rovided in (ara)ra(h 2.
2.The ado(tion of the teAt of a treaty at an internationa& conference ta.es (&ace /y the
vote of two
thirds of the 2tates (resent and votin)% n&ess /y the sa+e +a0ority they sha&& decide to
a((&y a di3erent
r&e.
Article 12
Authentication o the te1t
The teAt of a treaty is esta/&ished as athentic and de4nitive5
<a= /y sch (rocedre as +ay /e (rovided for in the teAt or a)reed (on /y the 2tates
(artici(atin) in
its drawin) (@ or
<#= fai&in) sch (rocedre% /y the si)natre% si)natre ad referend+ or initia&&in) /y the
re(resentatives of those 2tates of the teAt of the treaty or of the ;ina& 7ct of a conference
incor(oratin)
the teAt.
6
Article 11
3eans o e1pressing consent to #e #ound #y a treaty
The consent of a 2tate to /e /ond /y a treaty +ay /e eA(ressed /y si)natre% eAchan)e
of
instr+ents constittin) a treaty% rati4cation% acce(tance% a((rova& or accession% or /y
any other +eans
if so a)reed.
Article 1!
Consent to #e #ound #y a treaty e1pressed #y signature
1.The consent of a 2tate to /e /ond /y a treaty is eA(ressed /y the si)natre of its
re(resentative
when5
<a= the treaty (rovides that si)natre sha&& have that e3ect@
<#= it is otherwise esta/&ished that the ne)otiatin) 2tates were a)reed that si)natre
sho&d have that
e3ect@ or
<c= the intention of the 2tate to )ive that e3ect to the si)natre a((ears fro+ the f&&
(owers of its
re(resentative or was eA(ressed drin) the ne)otiation.
2.;or the (r(oses of (ara)ra(h 15
<a= the initia&&in) of a teAt constittes a si)natre of the treaty when it is esta/&ished that
the
ne)otiatin) 2tates so a)reed@
<#= the si)natre ad referend+ of a treaty /y a re(resentative% if con4r+ed /y his 2tate%
constittes a
f&& si)natre of the treaty.
Article 1$
Consent to #e #ound #y a treaty e1pressed #y an
e1change o instruments constituting a treaty
The consent of 2tates to /e /ond /y a treaty constitted /y instr+ents eAchan)ed
/etween the+
is eA(ressed /y that eAchan)e when5
<a= the instr+ents (rovide that their eAchan)e sha&& have that e3ect@ or
<#= it is otherwise esta/&ished that those 2tates were a)reed that the eAchan)e of
instr+ents sho&d
have that e3ect.
Article 1'
Consent to #e #ound #y a treaty e1pressed #y rati/cation4
acceptance or approval
1.The consent of a 2tate to /e /ond /y a treaty is eA(ressed /y rati4cation when5
7
<a= the treaty (rovides for sch consent to /e eA(ressed /y +eans of rati4cation@
<#= it is otherwise esta/&ished that the ne)otiatin) 2tates were a)reed that rati4cation
sho&d /e
re1ired@
<c= the re(resentative of the 2tate has si)ned the treaty s/0ect to rati4cation@ or
<d= the intention of the 2tate to si)n the treaty s/0ect to rati4cation a((ears fro+ the f&&
(owers of
its re(resentative or was eA(ressed drin) the ne)otiation.
2.The consent of a 2tate to /e /ond /y a treaty is eA(ressed /y acce(tance or a((rova&
nder
conditions si+i&ar to those which a((&y to rati4cation.
Article 1)
Consent to #e #ound #y a treaty e1pressed #y accession
The consent of a 2tate to /e /ond /y a treaty is eA(ressed /y accession when5
<a= the treaty (rovides that sch consent +ay /e eA(ressed /y that 2tate /y +eans of
accession@
<#= it is otherwise esta/&ished that the ne)otiatin) 2tates were a)reed that sch consent
+ay /e
eA(ressed /y that 2tate /y +eans of accession@ or
<c= a&& the (arties have s/se1ent&y a)reed that sch consent +ay /e eA(ressed /y that
2tate /y
+eans of accession.
Article 1*
51change or deposit o instruments o rati/cation4
acceptance4 approval or accession
#n&ess the treaty otherwise (rovides% instr+ents of rati4cation% acce(tance% a((rova& or
accession esta/&ish the consent of a 2tate to /e /ond /y a treaty (on5
<a= their eAchan)e /etween the contractin) 2tates@
<#= their de(osit with the de(ositary@ or
<c= their noti4cation to the contractin) 2tates or to the de(ositary% if so a)reed.
Article 1+
Consent to #e #ound #y part o a treaty and
choice o di6ering provisions
1.Cithot (re0dice to artic&es 19 to 23% the consent of a 2tate to /e /ond /y (art of a
treaty is
e3ective on&y if the treaty so (er+its or the other contractin) 2tates so a)ree.
!
2.The consent of a 2tate to /e /ond /y a treaty which (er+its a choice /etween di3erin)
(rovisions is e3ective on&y if it is +ade c&ear to which of the (rovisions the consent
re&ates.
Article 1-
7#ligation not to deeat the o#8ect and purpose
o a treaty prior to its entry into orce
7 2tate is o/&i)ed to refrain fro+ acts which wo&d defeat the o/0ect and (r(ose of a
treaty
when5
<a= it has si)ned the treaty or has eAchan)ed instr+ents constittin) the treaty s/0ect
to rati4cation%
acce(tance or a((rova&% nti& it sha&& have +ade its intention c&ear not to /eco+e a (arty
to the treaty@ or
<#= it has eA(ressed its consent to /e /ond /y the treaty% (endin) the entry into force of
the treaty
and (rovided that sch entry into force is not nd&y de&ayed.
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Article 10
,ormulation o reservations
7 2tate +ay% when si)nin)% ratifyin)% acce(tin)% a((rovin) or accedin) to a treaty%
for+&ate a
reservation n&ess5
<a= the reservation is (rohi/ited /y the treaty@
<#= the treaty (rovides that on&y s(eci4ed reservations% which do not inc&de the
reservation in
1estion% +ay /e +ade@ or
<c= in cases not fai&in) nder s/(ara)ra(hs <a= and <#=% the reservation is inco+(ati/&e
with the
o/0ect and (r(ose of the treaty.
Article !2
Acceptance o and o#8ection to reservations
1.7 reservation eA(ress&y athori-ed /y a treaty does not re1ire any s/se1ent
acce(tance /y
the other contractin) 2tates n&ess the treaty so (rovides.
2.Chen it a((ears fro+ the &i+ited n+/er of the ne)otiatin) 2tates and the o/0ect and
(r(ose
of a treaty that the a((&ication of the treaty in its entirety /etween a&& the (arties is an
essentia& condition
of the consent of each one to /e /ond /y the treaty% a reservation re1ires acce(tance
/y a&& the (arties.
3.Chen a treaty is a constitent instr+ent of an internationa& or)ani-ation and n&ess it
otherwise (rovides% a reservation re1ires the acce(tance of the co+(etent or)an of that
or)ani-ation.
B. 9n cases not fa&&in) nder the (recedin) (ara)ra(hs and n&ess the treaty otherwise
(rovides5
9
<a= acce(tance /y another contractin) 2tate of a reservation constittes the reservin)
2tate a (arty to
the treaty in re&ation to that other 2tate if or when the treaty is in force for those 2tates@
<#= an o/0ection /y another contractin) 2tate to a reservation does not (rec&de the entry
into force of
the treaty as /etween the o/0ectin) and reservin) 2tates n&ess a contrary intention is
de4nite&y
eA(ressed /y the o/0ectin) 2tate@
<c= an act eA(ressin) a 2tateGs consent to /e /ond /y the treaty and containin) a
reservation is
e3ective as soon as at &east one other contractin) 2tate has acce(ted the reservation.
'.;or the (r(oses of (ara)ra(hs 2 and B and n&ess the treaty otherwise (rovides% a
reservation is
considered to have /een acce(ted /y a 2tate if it sha&& have raised no o/0ection to the
reservation /y the
end of a (eriod of twe&ve +onths after it was noti4ed of the reservation or /y the date on
which it
eA(ressed its consent to /e /ond /y the treaty% whichever is &ater.
Article !1
9egal elects o reservations and o o#8ections to reservations
1.7 reservation esta/&ished with re)ard to another (arty in accordance with artic&es 19% 2"
and 235
<a= +odi4es for the reservin) 2tate in its re&ations with that other (arty the (rovisions of
the treaty to
which the reservation re&ates to the eAtent of the reservation@ and
<#= +odi4es those (rovisions to the sa+e eAtent for that other (arty in its re&ations with
the reservin)
2tate.
2.The reservation does not +odify the (rovisions of the treaty for the other (arties to the
treaty
inter se.
3.Chen a 2tate o/0ectin) to a reservation has not o((osed the entry into force of the
treaty
/etween itse&f and the reservin) 2tate% the (rovisions to which the reservation re&ates do
not a((&y as
/etween the two 2tates to the eAtent of the reservation.
Article !!
:ithdra&al o reservations and o
o#8ections to reservations
1.#n&ess the treaty otherwise (rovides% a reservation +ay /e withdrawn at any ti+e and
the
consent of a 2tate which has acce(ted the reservation is not re1ired for its withdrawa&.
2.#n&ess the treaty otherwise (rovides% an o/0ection to a reservation +ay /e withdrawn at
any
ti+e.
3.#n&ess the treaty otherwise (rovides% or it is otherwise a)reed5
1"
<a= the withdrawa& of a reservation /eco+es o(erative in re&ation to another contractin)
2tate on&y
when notice of it has /een received /y that 2tate@
<#= the withdrawa& of an o/0ection to a reservation /eco+es o(erative on&y when notice of
it has /een
received /y the 2tate which for+&ated the reservation.
Article !$
Procedure regarding reservations
1.7 reservation% an eA(ress acce(tance of a reservation and an o/0ection to a reservation
+st /e
for+&ated in writin) and co++nicated to the contractin) 2tates and other 2tates
entit&ed to /eco+e
(arties to the treaty.
2. 9f for+&ated when si)nin) the treaty s/0ect to rati4cation% acce(tance or a((rova&% a
reservation +st /e for+a&&y con4r+ed /y the reservin) 2tate when eA(ressin) its
consent to /e /ond
/y the treaty. 9n sch a case the reservation sha&& /e considered as havin) /een +ade on
the date of its
con4r+ation.
3.7n eA(ress acce(tance of% or an o/0ection to% a reservation +ade (revios&y to
con4r+ation of
the reservation does not itse&f re1ire con4r+ation.
B.The withdrawa& of a reservation or of an o/0ection to a reservation +st /e for+&ated
in
writin).
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Article !'
5ntry into orce
1.7 treaty enters into force in sch +anner and (on sch date as it +ay (rovide or as
the
ne)otiatin) 2tates +ay a)ree.
2.;ai&in) any sch (rovision or a)ree+ent% a treaty enters into force as soon as consent to
/e
/ond /y the treaty has /een esta/&ished for a&& the ne)otiatin) 2tates.
3.Chen the consent of a 2tate to /e /ond /y a treaty is esta/&ished on a date after the
treaty has
co+e into force% the treaty enters into force for that 2tate on that date% n&ess the treaty
otherwise
(rovides.
B.The (rovisions of a treaty re)&atin) the athentication of its teAt% the esta/&ish+ent of
the
consent of 2tates to /e /ond /y the treaty% the +anner or date of its entry into force%
reservations% the
fnctions of the de(ositary and other +atters arisin) necessari&y /efore the entry into
force of the treaty
a((&y fro+ the ti+e of the ado(tion of its teAt.
11
Article !)
Provisional application
1.7 treaty or a (art of a treaty is a((&ied (rovisiona&&y (endin) its entry into force if5
<a= the treaty itse&f so (rovides@ or
<#= the ne)otiatin) 2tates have in so+e other +anner so a)reed.
2.#n&ess the treaty otherwise (rovides or the ne)otiatin) 2tates have otherwise a)reed%
the
(rovisiona& a((&ication of a treaty or a (art of a treaty with res(ect to a 2tate sha&& /e
ter+inated if that
2tate noti4es the other 2tates /etween which the treaty is /ein) a((&ied (rovisiona&&y of
its intention not
to /eco+e a (arty to the treaty.
678T 999.
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Article !*
;Pacta sunt servanda<
Every treaty in force is /indin) (on the (arties to it and +st /e (erfor+ed /y the+ in
)ood
faith.
Article !+
%nternal la& and o#servance o treaties
7 (arty +ay not invo.e the (rovisions of its interna& &aw as 0sti4cation for its fai&re to
(erfor+
a treaty. This r&e is withot (re0dice to artic&e B6.
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Article !-
Non(retroactivity o treaties
#n&ess a di3erent intention a((ears fro+ the treaty or is otherwise esta/&ished% its
(rovisions do
not /ind a (arty in re&ation to any act or fact which too. (&ace or any sitation which
ceased to eAist
/efore the date of the entry into force of the treaty with res(ect to that (arty.
Article !0
Territorial scope o treaties
#n&ess a di3erent intention a((ears fro+ the treaty or is otherwise esta/&ished% a treaty is
/indin)
(on each (arty in res(ect of its entire territory.
12
Article $2
Application o successive treaties relating to
the same su#8ect matter
1.2/0ect to 7rtic&e 1"3 of the Charter of the #nited $ations% the ri)hts and o/&i)ations of
2tates
6arties to sccessive treaties re&atin) to the sa+e s/0ect +atter sha&& /e deter+ined in
accordance with
the fo&&owin) (ara)ra(hs.
2.Chen a treaty s(eci4es that it is s/0ect to% or that it is not to /e considered as
inco+(ati/&e
with% an ear&ier or &ater treaty% the (rovisions of that other treaty (revai&.
3.Chen a&& the (arties to the ear&ier treaty are (arties a&so to the &ater treaty /t the
ear&ier treaty
is not ter+inated or ss(ended in o(eration nder artic&e '9% the ear&ier treaty a((&ies
on&y to the eAtent
that its (rovisions are co+(ati/&e with those of the &ater treaty.
B.Chen the (arties to the &ater treaty do not inc&de a&& the (arties to the ear&ier one5
<a= as /etween 2tates 6arties to /oth treaties the sa+e r&e a((&ies as in (ara)ra(h 3@
<#= as /etween a 2tate (arty to /oth treaties and a 2tate (arty to on&y one of the treaties%
the treaty to
which /oth 2tates are (arties )overns their +ta& ri)hts and o/&i)ations.
'.6ara)ra(h B is withot (re0dice to artic&e B1% or to any 1estion of the ter+ination or
ss(ension of the o(eration of a treaty nder artic&e 6" or to any 1estion of
res(onsi/i&ity which +ay
arise for a 2tate fro+ the conc&sion or a((&ication of a treaty the (rovisions of which are
inco+(ati/&e
with its o/&i)ations towards another 2tate nder another treaty.
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Article $1
=eneral rule o interpretation
1.7 treaty sha&& /e inter(reted in )ood faith in accordance with the ordinary +eanin) to
/e )iven
to the ter+s of the treaty in their conteAt and in the &i)ht of its o/0ect and (r(ose.
2.The conteAt for the (r(ose of the inter(retation of a treaty sha&& co+(rise% in addition
to the
teAt% inc&din) its (rea+/&e and anneAes5
<a= any a)ree+ent re&atin) to the treaty which was +ade /etween a&& the (arties in
connection with
the conc&sion of the treaty@
<#= any instr+ent which was +ade /y one or +ore (arties in connection with the
conc&sion of the
treaty and acce(ted /y the other (arties as an instr+ent re&ated to the treaty.
3.There sha&& /e ta.en into accont% to)ether with the conteAt5
13
<a= any s/se1ent a)ree+ent /etween the (arties re)ardin) the inter(retation of the
treaty or the
a((&ication of its (rovisions@
<#= any s/se1ent (ractice in the a((&ication of the treaty which esta/&ishes the
a)ree+ent of the
(arties re)ardin) its inter(retation@
<c= any re&evant r&es of internationa& &aw a((&ica/&e in the re&ations /etween the (arties.
B.7 s(ecia& +eanin) sha&& /e )iven to a ter+ if it is esta/&ished that the (arties so
intended.
Article $!
Supplementary means o interpretation
8ecorse +ay /e had to s((&e+entary +eans of inter(retation% inc&din) the
(re(aratory wor. of
the treaty and the circ+stances of its conc&sion% in order to con4r+ the +eanin)
res&tin) fro+ the
a((&ication of artic&e 31% or to deter+ine the +eanin) when the inter(retation accordin)
to artic&e 315
<a= &eaves the +eanin) a+/i)os or o/scre@ or
<#= &eads to a res&t which is +anifest&y a/srd or nreasona/&e.
Article $$
%nterpretation o treaties authenticated in t&o or more languages
1.Chen a treaty has /een athenticated in two or +ore &an)a)es% the teAt is e1a&&y
athoritative
in each &an)a)e% n&ess the treaty (rovides or the (arties a)ree that% in case of
diver)ence% a (artic&ar
teAt sha&& (revai&.
2.7 version of the treaty in a &an)a)e other than one of those in which the teAt was
athenticated
sha&& /e considered an athentic teAt on&y if the treaty so (rovides or the (arties so a)ree.
3.The ter+s of the treaty are (res+ed to have the sa+e +eanin) in each athentic teAt.
B.EAce(t where a (artic&ar teAt (revai&s in accordance with (ara)ra(h 1% when a
co+(arison of
the athentic teAts disc&oses a di3erence of +eanin) which the a((&ication of artic&es 31
and 32 does not
re+ove% the +eanin) which /est reconci&es the teAts% havin) re)ard to the o/0ect and
(r(ose of the
treaty% sha&& /e ado(ted.
2ECT9:$ B. T8E7T9E2 7$D TE98D 2T7TE2
Article $'
=eneral rule regarding third States
7 treaty does not create either o/&i)ations or ri)hts for a third 2tate withot its consent.
1B
Article $)
Treaties providing or o#ligations or third States
7n o/&i)ation arises for a third 2tate fro+ a (rovision of a treaty if the (arties to the treaty
intend
the (rovision to /e the +eans of esta/&ishin) the o/&i)ation and the third 2tate eA(ress&y
acce(ts that
o/&i)ation in writin).
Article $*
Treaties providing or rights or third States
1.7 ri)ht arises for a third 2tate fro+ a (rovision of a treaty if the (arties to the treaty
intend the
(rovision to accord that ri)ht either to the third 2tate% or to a )ro( of 2tates to which it
/e&on)s% or to
a&& 2tates% and the third 2tate assents thereto. 9ts assent sha&& /e (res+ed so &on) as the
contrary is not
indicated% n&ess the treaty otherwise (rovides.
2.7 2tate eAercisin) a ri)ht in accordance with (ara)ra(h 1 sha&& co+(&y with the
conditions for
its eAercise (rovided for in the treaty or esta/&ished in confor+ity with the treaty.
Article $+
Revocation or modi/cation o o#ligations or
rights o third States
1.Chen an o/&i)ation has arisen for a third 2tate in confor+ity with artic&e 3'% the
o/&i)ation +ay
/e revo.ed or +odi4ed on&y with the consent of the (arties to the treaty and of the third
2tate% n&ess it
is esta/&ished that they had otherwise a)reed.
2.Chen a ri)ht has arisen for a third 2tate in confor+ity with artic&e 36% the ri)ht +ay not
/e
revo.ed or +odi4ed /y the (arties if it is esta/&ished that the ri)ht was intended not to /e
revoca/&e or
s/0ect to +odi4cation withot the consent of the third 2tate.
Article $-
Rules in a treaty #ecoming #inding on third States
through international custom
$othin) in artic&es 3B to 37 (rec&des a r&e set forth in a treaty fro+ /eco+in) /indin)
(on a
third 2tate as a csto+ary r&e of internationa& &aw% reco)ni-ed as sch.
678T 9V.
7ME$DME$T 7$D
M:D9;9C7T9:$ :; T8E7T9E2
Article $0
=eneral rule regarding the amendment o treaties
7 treaty +ay /e a+ended /y a)ree+ent /etween the (arties. The r&es &aid down in 6art
99 a((&y
to sch an a)ree+ent eAce(t insofar as the treaty +ay otherwise (rovide.
1'
Article '2
Amendment o multilateral treaties
1.#n&ess the treaty otherwise (rovides% the a+end+ent of +&ti&atera& treaties sha&& /e
)overned
/y the fo&&owin) (ara)ra(hs.
2.7ny (ro(osa& to a+end a +&ti&atera& treaty as /etween a&& the (arties +st /e noti4ed
to a&& the
contractin) 2tates% each one of which sha&& have the ri)ht to ta.e (art in5
<a= the decision as to the action to /e ta.en in re)ard to sch (ro(osa&@
<#= the ne)otiation and conc&sion of any a)ree+ent for the a+end+ent of the treaty.
3.Every 2tate entit&ed to /eco+e a (arty to the treaty sha&& a&so /e entit&ed to /eco+e a
(arty to
the treaty as a+ended.
B.The a+endin) a)ree+ent does not /ind any 2tate a&ready a (arty to the treaty which
does not
/eco+e a (arty to the a+endin) a)ree+ent@ artic&e 3"% (ara)ra(h B </=% a((&ies in
re&ation to sch 2tate.
'.7ny 2tate which /eco+es a (arty to the treaty after the entry into force of the
a+endin)
a)ree+ent sha&&% fai&in) an eA(ression of a di3erent intention /y that 2tate5
<a= /e considered as a (arty to the treaty as a+ended@ and
<#= /e considered as a (arty to the na+ended treaty in re&ation to any (arty to the treaty
not /ond
/y the a+endin) a)ree+ent.
Article '1
Agreements to modiy multilateral treaties #et&een
certain o the parties only
1.Two or +ore of the (arties to a +&ti&atera& treaty +ay conc&de an a)ree+ent to
+odify the
treaty as /etween the+se&ves a&one if5
<a= the (ossi/i&ity of sch a +odi4cation is (rovided for /y the treaty@ or
<#= the +odi4cation in 1estion is not (rohi/ited /y the treaty and5
<i= does not a3ect the en0oy+ent /y the other (arties of their ri)hts nder the treaty or
the
(erfor+ance of their o/&i)ations@
<ii= does not re&ate to a (rovision% dero)ation fro+ which is inco+(ati/&e with the e3ective
eAection of the o/0ect and (r(ose of the treaty as a who&e.
2.#n&ess in a case fa&&in) nder (ara)ra(h 1 <a= the treaty otherwise (rovides% the (arties
in
1estion sha&& notify the other (arties of their intention to conc&de the a)ree+ent and of
the
+odi4cation to the treaty for which it (rovides.
16
678T V.
9$V7L9D9TD% TE8M9$7T9:$ 7$D 2#26E$29:$ :; TEE :6E87T9:$ :; T8E7T9E2
2ECT9:$ 1. FE$E87L 68:V929:$2
Article '!
>alidity and continuance in orce o treaties
1.The va&idity of a treaty or of the consent of a 2tate to /e /ond /y a treaty +ay /e
i+(eached
on&y thro)h the a((&ication of the (resent Convention.
2.The ter+ination of a treaty% its dennciation or the withdrawa& of a (arty% +ay ta.e
(&ace on&y as
a res&t of the a((&ication of the (rovisions of the treaty or of the (resent Convention. The
sa+e r&e
a((&ies to ss(ension of the o(eration of a treaty.
Article '$
7#ligations imposed #y international la&
independently o a treaty
The inva&idity% ter+ination or dennciation of a treaty% the withdrawa& of a (arty fro+ it% or
the
ss(ension of its o(eration% as a res&t of the a((&ication of the (resent Convention or of
the (rovisions
of the treaty% sha&& not in any way i+(air the dty of any 2tate to f&4& any o/&i)ation
e+/odied in the
treaty to which it wo&d /e s/0ect nder internationa& &aw inde(endent&y of the treaty.
Article ''
Separa#ility o treaty provisions
1.7 ri)ht of a (arty% (rovided for in a treaty or arisin) nder artic&e '6% to denonce%
withdraw
fro+ or ss(end the o(eration of the treaty +ay /e eAercised on&y with res(ect to the
who&e treaty n&ess
the treaty otherwise (rovides or the (arties otherwise a)ree.
2.7 )rond for inva&idatin)% ter+inatin)% withdrawin) fro+ or ss(endin) the o(eration of
a
treaty reco)ni-ed in the (resent Convention +ay /e invo.ed on&y with res(ect to the
who&e treaty eAce(t
as (rovided in the fo&&owin) (ara)ra(hs or in artic&e 6".
3. 9f the )rond re&ates so&e&y to (artic&ar c&ases% it +ay /e invo.ed on&y with res(ect to
those
c&ases where5
<a= the said c&ases are se(ara/&e fro+ the re+ainder of the treaty with re)ard to their
a((&ication@
<#= it a((ears fro+ the treaty or is otherwise esta/&ished that acce(tance of those c&ases
was not an
essentia& /asis of the consent of the other (arty or (arties to /e /ond /y the treaty as a
who&e@ and
<c= contined (erfor+ance of the re+ainder of the treaty wo&d not /e n0st.
B. 9n cases fa&&in) nder artic&es B9 and '"% the 2tate entit&ed to invo.e the frad or
corr(tion +ay
do so with res(ect either to the who&e treaty or% s/0ect to (ara)ra(h 3% to the (artic&ar
c&ases a&one.
17
'. 9n cases fa&&in) nder artic&es '1% '2 and '3% no se(aration of the (rovisions of the
treaty is
(er+itted.
Article ')
9oss o a right to invo?e a ground or invalidating4 terminating4
&ithdra&ing rom or suspending the operation o a treaty
7 2tate +ay no &on)er invo.e a )rond for inva&idatin)% ter+inatin)% withdrawin) fro+ or
ss(endin) the o(eration of a treaty nder artic&es B6 to '" or artic&es 6" and 62 if% after
/eco+in) aware
of the facts5
<a= it sha&& have eA(ress&y a)reed that the treaty is va&id or re+ains in force or contines
in o(eration%
as the case +ay /e@ or
<#= it +st /y reason of its condct /e considered as havin) ac1iesced in the va&idity of
the treaty or
in its +aintenance in force or in o(eration% as the case +ay /e.
2ECT9:$ 2. 9$V7L9D9TD :; T8E7T9E2
Article '*
Provisions o internal la& regarding competence
to conclude treaties
1.7 2tate +ay not invo.e the fact that its consent to /e /ond /y a treaty has /een
eA(ressed in
vio&ation of a (rovision of its interna& &aw re)ardin) co+(etence to conc&de treaties as
inva&idatin) its
consent n&ess that vio&ation was +anifest and concerned a r&e of its interna& &aw of
fnda+enta&
i+(ortance.
2.7 vio&ation is +anifest if it wo&d /e o/0ective&y evident to any 2tate condctin) itse&f in
the
+atter in accordance with nor+a& (ractice and in )ood faith.
Article '+
Speci/c restrictions on authority to e1press
the consent o a State
9f the athority of a re(resentative to eA(ress the consent of a 2tate to /e /ond /y a
(artic&ar
treaty has /een +ade s/0ect to a s(eci4c restriction% his o+ission to o/serve that
restriction +ay not /e
invo.ed as inva&idatin) the consent eA(ressed /y hi+ n&ess the restriction was noti4ed
to the other
ne)otiatin) 2tates (rior to his eA(ressin) sch consent.
Article '-
5rror
1.7 2tate +ay invo.e an error in a treaty as inva&idatin) its consent to /e /ond /y the
treaty if
the error re&ates to a fact or sitation which was ass+ed /y that 2tate to eAist at the
ti+e when the
treaty was conc&ded and for+ed an essentia& /asis of its consent to /e /ond /y the
treaty.
1!
2.6ara)ra(h 1 sha&& not a((&y if the 2tate in 1estion contri/ted /y its own condct to
the error
or if the circ+stances were sch as to (t that 2tate on notice of a (ossi/&e error.
3.7n error re&atin) on&y to the wordin) of the teAt of a treaty does not a3ect its va&idity@
artic&e 79
then a((&ies.
Article '0
,raud
9f a 2tate has /een indced to conc&de a treaty /y the frad&ent condct of another
ne)otiatin)
2tate% the 2tate +ay invo.e the frad as inva&idatin) its consent to /e /ond /y the
treaty.
Article )2
Corruption o a representative o a State
9f the eA(ression of a 2tateGs consent to /e /ond /y a treaty has /een (rocred thro)h
the
corr(tion of its re(resentative direct&y or indirect&y /y another ne)otiatin) 2tate% the
2tate +ay invo.e
sch corr(tion as inva&idatin) its consent to /e /ond /y the treaty.
Article )1
Coercion o a representative o a State
The eA(ression of a 2tateGs consent to /e /ond /y a treaty which has /een (rocred /y
the
coercion of its re(resentative thro)h acts or threats directed a)ainst hi+ sha&& /e withot
any &e)a&
e3ect.
Article )!
Coercion o a State #y the threat or use o orce
7 treaty is void if its conc&sion has /een (rocred /y the threat or se of force in
vio&ation of the
(rinci(&es of internationa& &aw e+/odied in the Charter of the #nited $ations.
Article )$
Treaties con@icting &ith a peremptory norm o
general international la& A;8us cogens<B
7 treaty is void if% at the ti+e of its conc&sion% it conIicts with a (ere+(tory nor+ of
)enera&
internationa& &aw. ;or the (r(oses of the (resent Convention% a (ere+(tory nor+ of
)enera&
internationa& &aw is a nor+ acce(ted and reco)ni-ed /y the internationa& co++nity of
2tates as a who&e
as a nor+ fro+ which no dero)ation is (er+itted and which can /e +odi4ed on&y /y a
s/se1ent nor+
of )enera& internationa& &aw havin) the sa+e character.
19
2ECT9:$ 3. TE8M9$7T9:$ 7$D 2#26E$29:$
:; TEE :6E87T9:$ :; T8E7T9E2
Article )'
Termination o or &ithdra&al rom a treaty under
its provisions or #y consent o the parties
The ter+ination of a treaty or the withdrawa& of a (arty +ay ta.e (&ace5
<a= in confor+ity with the (rovisions of the treaty@ or
<#= at any ti+e /y consent of a&& the (arties after cons&tation with the other contractin)
2tates.
Article ))
Reduction o the parties to a multilateral treaty #elo& the
num#er necessary or its entry into orce
#n&ess the treaty otherwise (rovides% a +&ti&atera& treaty does not ter+inate /y reason
on&y of the
fact that the n+/er of the (arties fa&&s /e&ow the n+/er necessary for its entry into
force.
Article )*
Cenunciation o or &ithdra&al rom a treaty containing no
provision regarding termination4 denunciation or &ithdra&al
1.7 treaty which contains no (rovision re)ardin) its ter+ination and which does not
(rovide for
dennciation or withdrawa& is not s/0ect to dennciation or withdrawa& n&ess5
<a= it is esta/&ished that the (arties intended to ad+it the (ossi/i&ity of dennciation or
withdrawa&@ or
<#= a ri)ht of dennciation or withdrawa& +ay /e i+(&ied /y the natre of the treaty.
2.7 (arty sha&& )ive not &ess than twe&ve +onthsG notice of its intention to denonce or
withdraw
fro+ a treaty nder (ara)ra(h 1.
Article )+
Suspension o the operation o a treaty under its
provisions or #y consent o the parties
The o(eration of a treaty in re)ard to a&& the (arties or to a (artic&ar (arty +ay /e
ss(ended5
<a= in confor+ity with the (rovisions of the treaty@ or
<#= at any ti+e /y consent of a&& the (arties after cons&tation with the other contractin)
2tates.
2"
Article )-
Suspension o the operation o a multilateral treaty #y
agreement #et&een certain o the parties only
1.Two or +ore (arties to a +&ti&atera& treaty +ay conc&de an a)ree+ent to ss(end the
o(eration of (rovisions of the treaty% te+(orari&y and as /etween the+se&ves a&one% if5
<a= the (ossi/i&ity of sch a ss(ension is (rovided for /y the treaty@ or
<#= the ss(ension in 1estion is not (rohi/ited /y the treaty and5
<i= does not a3ect the en0oy+ent /y the other (arties of their ri)hts nder the treaty or
the
(erfor+ance of their o/&i)ations@
<ii= is not inco+(ati/&e with the o/0ect and (r(ose of the treaty.
2.#n&ess in a case fa&&in) nder (ara)ra(h 1 <a= the treaty otherwise (rovides% the (arties
in
1estion sha&& notify the other (arties of their intention to conc&de the a)ree+ent and of
those
(rovisions of the treaty the o(eration of which they intend to ss(end.
Article )0
Termination or suspension o the operation o a treaty
implied #y conclusion o a later treaty
1.7 treaty sha&& /e considered as ter+inated if a&& the (arties to it conc&de a &ater treaty
re&atin)
to the sa+e s/0ect +atter and5
<a= it a((ears fro+ the &ater treaty or is otherwise esta/&ished that the (arties intended
that the +atter
sho&d /e )overned /y that treaty@ or
<#= the (rovisions of the &ater treaty are so far inco+(ati/&e with those of the ear&ier one
that the two
treaties are not ca(a/&e of /ein) a((&ied at the sa+e ti+e.
2.The ear&ier treaty sha&& /e considered as on&y ss(ended in o(eration if it a((ears fro+
the &ater
treaty or is otherwise esta/&ished that sch was the intention of the (arties.
Article *2
Termination or suspension o the operation o a treaty
as a conse.uence o its #reach
1.7 +ateria& /reach of a /i&atera& treaty /y one of the (arties entit&es the other to invo.e
the
/reach as a )rond for ter+inatin) the treaty or ss(endin) its o(eration in who&e or in
(art.
2.7 +ateria& /reach of a +&ti&atera& treaty /y one of the (arties entit&es5
<a= the other (arties /y nani+os a)ree+ent to ss(end the o(eration of the treaty in
who&e or in
(art or to ter+inate it either5
21
<i= in the re&ations /etween the+se&ves and the defa&tin) 2tate@ or
<ii= as /etween a&& the (arties@
<#= a (arty s(ecia&&y a3ected /y the /reach to invo.e it as a )rond for ss(endin) the
o(eration of
the treaty in who&e or in (art in the re&ations /etween itse&f and the defa&tin) 2tate@
<c= any (arty other than the defa&tin) 2tate to invo.e the /reach as a )rond for
ss(endin) the
o(eration of the treaty in who&e or in (art with res(ect to itse&f if the treaty is of sch a
character that a
+ateria& /reach of its (rovisions /y one (arty radica&&y chan)es the (osition of every
(arty with res(ect
to the frther (erfor+ance of its o/&i)ations nder the treaty.
3.7 +ateria& /reach of a treaty% for the (r(oses of this artic&e% consists in5
<a= a re(diation of the treaty not sanctioned /y the (resent Convention@ or
<#= the vio&ation of a (rovision essentia& to the acco+(&ish+ent of the o/0ect or (r(ose of
the treaty.
B.The fore)oin) (ara)ra(hs are withot (re0dice to any (rovision in the treaty a((&ica/&e
in the
event of a /reach.
'.6ara)ra(hs 1 to 3 do not a((&y to (rovisions re&atin) to the (rotection of the h+an
(erson
contained in treaties of a h+anitarian character% in (artic&ar to (rovisions (rohi/itin)
any for+ of
re(risa&s a)ainst (ersons (rotected /y sch treaties.
Article *1
Supervening impossi#ility o perormance
1.7 (arty +ay invo.e the i+(ossi/i&ity of (erfor+in) a treaty as a )rond for ter+inatin)
or
withdrawin) fro+ it if the i+(ossi/i&ity res&ts fro+ the (er+anent disa((earance or
destrction of an
o/0ect indis(ensa/&e for the eAection of the treaty. 9f the i+(ossi/i&ity is te+(orary% it
+ay /e invo.ed
on&y as a )rond for ss(endin) the o(eration of the treaty.
2. 9+(ossi/i&ity of (erfor+ance +ay not /e invo.ed /y a (arty as a )rond for
ter+inatin)%
withdrawin) fro+ or ss(endin) the o(eration of a treaty if the i+(ossi/i&ity is the res&t
of a /reach /y
that (arty either of an o/&i)ation nder the treaty or of any other internationa& o/&i)ation
owed to any
other (arty to the treaty.
Article *!
,undamental change o circumstances
1.7 fnda+enta& chan)e of circ+stances which has occrred with re)ard to those
eAistin) at the
ti+e of the conc&sion of a treaty% and which was not foreseen /y the (arties% +ay not /e
invo.ed as a
)rond for ter+inatin) or withdrawin) fro+ the treaty n&ess5
<a= the eAistence of those circ+stances constitted an essentia& /asis of the consent of
the (arties to
/e /ond /y the treaty@ and
22
<#= the e3ect of the chan)e is radica&&y to transfor+ the eAtent of o/&i)ations sti&& to /e
(erfor+ed
nder the treaty.
2.7 fnda+enta& chan)e of circ+stances +ay not /e invo.ed as a )rond for
ter+inatin) or
withdrawin) fro+ a treaty5
<a= if the treaty esta/&ishes a /ondary@ or
<#= if the fnda+enta& chan)e is the res&t of a /reach /y the (arty invo.in) it either of an
o/&i)ation
nder the treaty or of any other internationa& o/&i)ation owed to any other (arty to the
treaty.
3. 9f% nder the fore)oin) (ara)ra(hs% a (arty +ay invo.e a fnda+enta& chan)e of
circ+stances
as a )rond for ter+inatin) or withdrawin) fro+ a treaty it +ay a&so invo.e the chan)e as
a )rond for
ss(endin) the o(eration of the treaty.
Article *$
Severance o diplomatic or consular relations
The severance of di(&o+atic or cons&ar re&ations /etween (arties to a treaty does not
a3ect the
&e)a& re&ations esta/&ished /etween the+ /y the treaty eAce(t insofar as the eAistence of
di(&o+atic or
cons&ar re&ations is indis(ensa/&e for the a((&ication of the treaty.
Article *'
5mergence o a ne& peremptory norm o general
international la& A;8us cogens<B
9f a new (ere+(tory nor+ of )enera& internationa& &aw e+er)es% any eAistin) treaty which
is in
conIict with that nor+ /eco+es void and ter+inates.
2ECT9:$ B. 68:CED#8E
Article *)
Procedure to #e ollo&ed &ith respect to invalidity4
termination4 &ithdra&al rom or suspension o the
operation o a treaty
1.7 (arty which% nder the (rovisions of the (resent Convention% invo.es either a defect in
its
consent to /e /ond /y a treaty or a )rond for i+(eachin) the va&idity of a treaty%
ter+inatin) it%
withdrawin) fro+ it or ss(endin) its o(eration% +st notify the other (arties of its c&ai+.
The
noti4cation sha&& indicate the +easre (ro(osed to /e ta.en with res(ect to the treaty and
the reasons
therefor.
2. 9f% after the eA(iry of a (eriod which% eAce(t in cases of s(ecia& r)ency% sha&& not /e
&ess than
three +onths after the recei(t of the noti4cation% no (arty has raised any o/0ection% the
(arty +a.in) the
noti4cation +ay carry ot in the +anner (rovided in artic&e 67 the +easre which it has
(ro(osed.
23
3. 9f% however% o/0ection has /een raised /y any other (arty% the (arties sha&& see. a
so&tion
thro)h the +eans indicated in 7rtic&e 33 of the Charter of the #nited $ations.
B.$othin) in the fore)oin) (ara)ra(hs sha&& a3ect the ri)hts or o/&i)ations of the (arties
nder
any (rovisions in force /indin) the (arties with re)ard to the sett&e+ent of dis(tes.
'.Cithot (re0dice to artic&e B'% the fact that a 2tate has not (revios&y +ade the
noti4cation
(rescri/ed in (ara)ra(h 1 sha&& not (revent it fro+ +a.in) sch noti4cation in answer to
another (arty
c&ai+in) (erfor+ance of the treaty or a&&e)in) its vio&ation.
Article **
Procedures or 8udicial settlement4 ar#itration and conciliation
9f% nder (ara)ra(h 3 of artic&e 6'% no so&tion has /een reached within a (eriod of 12
+onths
fo&&owin) the date on which the o/0ection was raised% the fo&&owin) (rocedres sha&& /e
fo&&owed5
<a= any one of the (arties to a dis(te concernin) the a((&ication or the inter(retation of
artic&e '3 or
6B +ay% /y a written a((&ication% s/+it it to the 9nternationa& Cort of Jstice for a
decision n&ess the
(arties /y co++on consent a)ree to s/+it the dis(te to ar/itration@
<#= any one of the (arties to a dis(te concernin) the a((&ication or the inter(retation of
any of the
other artic&es in (art V of the (resent Convention +ay set in +otion the (rocedre
s(eci4ed in the
7nneA to the Convention /y s/+ittin) a re1est to that e3ect to the 2ecretary,Fenera&
of the #nited
$ations.
Article *+
%nstruments or declaring invalid4 terminating4 &ithdra&ing
rom or suspending the operation o a treaty
1.The noti4cation (rovided for nder artic&e 6'% (ara)ra(h 1% +st /e +ade in writin).
2.7ny act of dec&arin) inva&id% ter+inatin)% withdrawin) fro+ or ss(endin) the o(eration
of a
treaty (rsant to the (rovisions of the treaty or of (ara)ra(hs 2 or 3 of artic&e 6' sha&& /e
carried ot
thro)h an instr+ent co++nicated to the other (arties. 9f the instr+ent is not si)ned
/y the Eead of
2tate% Eead of Fovern+ent or Minister for ;orei)n 73airs% the re(resentative of the 2tate
co++nicatin) it +ay /e ca&&ed (on to (rodce f&& (owers.
Article *-
Revocation o noti/cations and instruments provided
or in articles *) and *+
7 noti4cation or instr+ent (rovided for in artic&e 6' or 67 +ay /e revo.ed at any ti+e
/efore it
ta.es e3ect.
2B
2ECT9:$ '. C:$2EJ#E$CE2 :; TEE 9$V7L9D9TD% TE8M9$7T9:$
:8 2#26E$29:$ :; TEE :6E87T9:$ :; 7 T8E7TD
Article *0
Conse.uences o the invalidity o a treaty
1.7 treaty the inva&idity of which is esta/&ished nder the (resent Convention is void. The
(rovisions of a void treaty have no &e)a& force.
2. 9f acts have neverthe&ess /een (erfor+ed in re&iance on sch a treaty5
<a= each (arty +ay re1ire any other (arty to esta/&ish as far as (ossi/&e in their +ta&
re&ations the
(osition that wo&d have eAisted if the acts had not /een (erfor+ed@
<#= acts (erfor+ed in )ood faith /efore the inva&idity was invo.ed are not rendered
n&awf& /y
reason on&y of the inva&idity of the treaty.
3. 9n cases fa&&in) nder artic&e B9% '"% '1 or '2% (ara)ra(h 2 does not a((&y with res(ect
to the
(arty to which the frad% the act of corr(tion or the coercion is i+(ta/&e.
B. 9n the case of the inva&idity of a (artic&ar 2tateGs consent to /e /ond /y a +&ti&atera&
treaty%
the fore)oin) r&es a((&y in the re&ations /etween that 2tate and the (arties to the treaty.
Article +2
Conse.uences o the termination o a treaty
1.#n&ess the treaty otherwise (rovides or the (arties otherwise a)ree% the ter+ination of a
treaty
nder its (rovisions or in accordance with the (resent Convention5
<a= re&eases the (arties fro+ any o/&i)ation frther to (erfor+ the treaty@
<#= does not a3ect any ri)ht% o/&i)ation or &e)a& sitation of the (arties created thro)h
the eAection
of the treaty (rior to its ter+ination.
2. 9f a 2tate denonces or withdraws fro+ a +&ti&atera& treaty% (ara)ra(h 1 a((&ies in the
re&ations
/etween that 2tate and each of the other (arties to the treaty fro+ the date when sch
dennciation or
withdrawa& ta.es e3ect.
Article +1
Conse.uences o the invalidity o a treaty &hich con@icts
&ith a peremptory norm o general international la&
1. 9n the case of a treaty which is void nder artic&e '3 the (arties sha&&5
<a= e&i+inate as far as (ossi/&e the conse1ences of any act (erfor+ed in re&iance on any
(rovision
which conIicts with the (ere+(tory nor+ of )enera& internationa& &aw@ and
2'
<#= /rin) their +ta& re&ations into confor+ity with the (ere+(tory nor+ of )enera&
internationa&
&aw.
2. 9n the case of a treaty which /eco+es void and ter+inates nder artic&e 6B% the
ter+ination of
the treaty5
<a= re&eases the (arties fro+ any o/&i)ation frther to (erfor+ the treaty@
<#= does not a3ect any ri)ht% o/&i)ation or &e)a& sitation of the (arties created thro)h
the eAection
of the treaty (rior to its ter+ination% (rovided that those ri)hts% o/&i)ations or sitations
+ay thereafter
/e +aintained on&y to the eAtent that their +aintenance is not in itse&f in conIict with the
new
(ere+(tory nor+ of )enera& internationa& &aw.
Article +!
Conse.uences o the suspension o the operation o a treaty
1.#n&ess the treaty otherwise (rovides or the (arties otherwise a)ree% the ss(ension of
the
o(eration of a treaty nder its (rovisions or in accordance with the (resent Convention5
<a= re&eases the (arties /etween which the o(eration of the treaty is ss(ended fro+ the
o/&i)ation to
(erfor+ the treaty in their +ta& re&ations drin) the (eriod of the ss(ension@
<#= does not otherwise a3ect the &e)a& re&ations /etween the (arties esta/&ished /y the
treaty.
2.Drin) the (eriod of the ss(ension the (arties sha&& refrain fro+ acts tendin) to
o/strct the
res+(tion of the o(eration of the treaty.
678T V9.
M92CELL7$E:#2 68:V929:$2
Article +$
Cases o State succession4 State responsi#ility
and out#rea? o hostilities
The (rovisions of the (resent Convention sha&& not (re0d)e any 1estion that +ay arise
in re)ard
to a treaty fro+ a sccession of 2tates or fro+ the internationa& res(onsi/i&ity of a 2tate or
fro+ the
ot/rea. of hosti&ities /etween 2tates.
Article +'
Ciplomatic and consular relations and the
conclusion o treaties
The severance or a/sence of di(&o+atic or cons&ar re&ations /etween two or +ore 2tates
does not
(revent the conc&sion of treaties /etween those 2tates. The conc&sion of a treaty does
not in itse&f
a3ect the sitation in re)ard to di(&o+atic or cons&ar re&ations.
26
Article +)
Case o an aggressor State
The (rovisions of the (resent Convention are withot (re0dice to any o/&i)ation in
re&ation to a
treaty which +ay arise for an a))ressor 2tate in conse1ence of +easres ta.en in
confor+ity with the
Charter of the #nited $ations with reference to that 2tateGs a))ression.
678T V99.
DE6:29T789E2% $:T9;9C7T9:$2%
C:88ECT9:$2 7$D 8EF92T87T9:$
Article +*
Cepositaries o treaties
1.The desi)nation of the de(ositary of a treaty +ay /e +ade /y the ne)otiatin) 2tates%
either in
the treaty itse&f or in so+e other +anner. The de(ositary +ay /e one or +ore 2tates% an
internationa&
or)ani-ation or the chief ad+inistrative oKcer of the or)ani-ation.
2.The fnctions of the de(ositary of a treaty are internationa& in character and the
de(ositary is
nder an o/&i)ation to act i+(artia&&y in their (erfor+ance. 9n (artic&ar% the fact that a
treaty has not
entered into force /etween certain of the (arties or that a di3erence has a((eared
/etween a 2tate and a
de(ositary with re)ard to the (erfor+ance of the &atterGs fnctions sha&& not a3ect that
o/&i)ation.
Article ++
,unctions o depositaries
1.The fnctions of a de(ositary% n&ess otherwise (rovided in the treaty or a)reed /y the
contractin) 2tates% co+(rise in (artic&ar5
<a= .ee(in) cstody of the ori)ina& teAt of the treaty and of any f&& (owers de&ivered to
the
de(ositary@
<#= (re(arin) certi4ed co(ies of the ori)ina& teAt and (re(arin) any frther teAt of the
treaty in sch
additiona& &an)a)es as +ay /e re1ired /y the treaty and trans+ittin) the+ to the
(arties and to the
2tates entit&ed to /eco+e (arties to the treaty@
<c= receivin) any si)natres to the treaty and receivin) and .ee(in) cstody of any
instr+ents%
noti4cations and co++nications re&atin) to it@
<d= eAa+inin) whether the si)natre or any instr+ent% noti4cation or co++nication
re&atin) to the
treaty is in de and (ro(er for+ and% if need /e% /rin)in) the +atter to the attention of
the 2tate in
1estion@
<e= infor+in) the (arties and the 2tates entit&ed to /eco+e (arties to the treaty of acts%
noti4cations
and co++nications re&atin) to the treaty@
27
<= infor+in) the 2tates entit&ed to /eco+e (arties to the treaty when the n+/er of
si)natres or of
instr+ents of rati4cation% acce(tance% a((rova& or accession re1ired for the entry into
force of the
treaty has /een received or de(osited@
<g= re)isterin) the treaty with the 2ecretariat of the #nited $ations@
<h= (erfor+in) the fnctions s(eci4ed in other (rovisions of the (resent Convention.
2. 9n the event of any di3erence a((earin) /etween a 2tate and the de(ositary as to the
(erfor+ance of the &atterGs fnctions% the de(ositary sha&& /rin) the 1estion to the
attention of the
si)natory 2tates and the contractin) 2tates or% where a((ro(riate% of the co+(etent
or)an of the
internationa& or)ani-ation concerned.
Article +-
Noti/cations and communications
EAce(t as the treaty or the (resent Convention otherwise (rovide% any noti4cation or
co++nication to /e +ade /y any 2tate nder the (resent Convention sha&&5
<a= if there is no de(ositary% /e trans+itted direct to the 2tates for which it is intended% or
if there is a
de(ositary% to the &atter@
<#= /e considered as havin) /een +ade /y the 2tate in 1estion on&y (on its recei(t /y
the 2tate to
which it was trans+itted or% as the case +ay /e% (on its recei(t /y the de(ositary@
<c= if trans+itted to a de(ositary% /e considered as received /y the 2tate for which it was
intended
on&y when the &atter 2tate has /een infor+ed /y the de(ositary in accordance with artic&e
77% (ara)ra(h
1 <e=.
Article +0
Correction o errors in te1ts or in certi/ed copies
o treaties
1.Chere% after the athentication of the teAt of a treaty% the si)natory 2tates and the
contractin)
2tates are a)reed that it contains an error% the error sha&&% n&ess they decide (on so+e
other +eans of
correction% /e corrected5
<a= /y havin) the a((ro(riate correction +ade in the teAt and casin) the correction to /e
initia&&ed /y
d&y athori-ed re(resentatives@
<#= /y eAectin) or eAchan)in) an instr+ent or instr+ents settin) ot the correction
which it has
/een a)reed to +a.e@ or
<c= /y eAectin) a corrected teAt of the who&e treaty /y the sa+e (rocedre as in the case
of the
ori)ina& teAt.
2!
2.Chere the treaty is one for which there is a de(ositary% the &atter sha&& notify the
si)natory
2tates and the contractin) 2tates of the error and of the (ro(osa& to correct it and sha&&
s(ecify an
a((ro(riate ti+e,&i+it within which o/0ection to the (ro(osed correction +ay /e raised. 9f%
on the eA(iry
of the ti+e,&i+it5
<a= no o/0ection has /een raised% the de(ositary sha&& +a.e and initia& the correction in
the teAt and
sha&& eAecte a (rocLs,ver/a& of the recti4cation of the teAt and co++nicate a co(y of it
to the (arties
and to the 2tates entit&ed to /eco+e (arties to the treaty@
<#= an o/0ection has /een raised% the de(ositary sha&& co++nicate the o/0ection to the
si)natory
2tates and to the contractin) 2tates.
3.The r&es in (ara)ra(hs 9 and 2 a((&y a&so where the teAt has /een athenticated in two
or +ore
&an)a)es and it a((ears that there is a &ac. of concordance which the si)natory 2tates
and the
contractin) 2tates a)ree sho&d /e corrected.
B.The corrected teAt re(&aces the defective teAt a/ initio% n&ess the si)natory 2tates and
the
contractin) 2tates otherwise decide.
'.The correction of the teAt of a treaty that has /een re)istered sha&& /e noti4ed to the
2ecretariat
of the #nited $ations.
6.Chere an error is discovered in a certi4ed co(y of a treaty% the de(ositary sha&& eAecte
a
(rocLs,ver/a& s(ecifyin) the recti4cation and co++nicate a co(y of it to the si)natory
2tates and to the
contractin) 2tates.
Article -2
Registration and pu#lication o treaties
1.Treaties sha&&% after their entry into force% /e trans+itted to the 2ecretariat of the #nited
$ations
for re)istration or 4&in) and recordin)% as the case +ay /e% and for (/&ication.
2.The desi)nation of a de(ositary sha&& constitte athori-ation for it to (erfor+ the acts
s(eci4ed
in the (recedin) (ara)ra(h.
678T V999.
;9$7L 68:V929:$2
Article -1
Signature
The (resent Convention sha&& /e o(en for si)natre /y a&& 2tates Me+/ers of the #nited
$ations
or of any of the s(ecia&i-ed a)encies or of the 9nternationa& 7to+ic Ener)y 7)ency or
(arties to the
2tatte of the 9nternationa& Cort of Jstice% and /y any other 2tate invited /y the Fenera&
7sse+/&y of
the #nited $ations to /eco+e a (arty to the Convention% as fo&&ows5 nti& 3" $ove+/er
1969% at the
29
;edera& Ministry for ;orei)n 73airs of the 8e(/&ic of 7stria% and s/se1ent&y% nti& 3"
7(ri& 197"%
at #nited $ations Eead1arters% $ew Dor..
Article -!
Rati/cation
The (resent Convention is s/0ect to rati4cation. The instr+ents of rati4cation sha&& /e
de(osited with the 2ecretary,Fenera& of the #nited $ations.
Article -$
Accession
The (resent Convention sha&& re+ain o(en for accession /y any 2tate /e&on)in) to any of
the
cate)ories +entioned in artic&e !1. The instr+ents of accession sha&& /e de(osited with
the 2ecretary,
Fenera& of the #nited $ations.
Article -'
5ntry into orce
1.The (resent Convention sha&& enter into force on the thirtieth day fo&&owin) the date of
de(osit
of the thirty,4fth instr+ent of rati4cation or accession.
2.;or each 2tate ratifyin) or accedin) to the Convention after the de(osit of the thirty,4fth
instr+ent of rati4cation or accession% the Convention sha&& enter into force on the
thirtieth day after
de(osit /y sch 2tate of its instr+ent of rati4cation or accession.
Article -)
Authentic te1ts
The ori)ina& of the (resent Convention% of which the Chinese% En)&ish% ;rench% 8ssian and
2(anish teAts are e1a&&y athentic% sha&& /e de(osited with the 2ecretary,Fenera& of the
#nited $ations.
9$ C9T$E22 CEE8E:; the ndersi)ned 6&eni(otentiaries% /ein) d&y athori-ed thereto /y
their
res(ective Fovern+ents% have si)ned the (resent Convention.
D:$E at Vienna this twenty,third day of May% one thosand nine hndred and siAty,nine.
7$$EM
1.7 &ist of conci&iators consistin) of 1a&i4ed 0rists sha&& /e drawn ( and +aintained /y
the
2ecretary,Fenera& of the #nited $ations. To this end% every 2tate which is a Me+/er of
the #nited
$ations or a (arty to the (resent Convention sha&& /e invited to no+inate two conci&iators%
and the na+es
of the (ersons so no+inated sha&& constitte the &ist. The ter+ of a conci&iator% inc&din)
that of any
conci&iator no+inated to 4&& a casa& vacancy% sha&& /e 4ve years and +ay /e renewed. 7
conci&iator
whose ter+ eA(ires sha&& contine to f&4& any fnction for which he sha&& have /een
chosen nder the
fo&&owin) (ara)ra(h.
3"
2.Chen a re1est has /een +ade to the 2ecretary,Fenera& nder artic&e 66% the
2ecretary,Fenera&
sha&& /rin) the dis(te /efore a conci&iation co++ission constitted as fo&&ows5
The 2tate or 2tates constittin) one of the (arties to the dis(te sha&& a((oint5
<a= one conci&iator of the nationa&ity of that 2tate or of one of those 2tates% who +ay or
+ay not /e
chosen fro+ the &ist referred to in (ara)ra(h 1@ and
<#= one conci&iator not of the nationa&ity of that 2tate or of any of those 2tates% who sha&&
/e chosen
fro+ the &ist.
The 2tate or 2tates constittin) the other (arty to the dis(te sha&& a((oint two
conci&iators in the sa+e
way. The for conci&iators chosen /y the (arties sha&& /e a((ointed within siAty days
fo&&owin) the date
on which the 2ecretary,Fenera& receives the re1est.
The for conci&iators sha&&% within siAty days fo&&owin) the date of the &ast of their own
a((oint+ents%
a((oint a 4fth conci&iator chosen fro+ the &ist% who sha&& /e chair+an.
9f the a((oint+ent of the chair+an or of any of the other conci&iators has not /een +ade
within the
(eriod (rescri/ed a/ove for sch a((oint+ent% it sha&& /e +ade /y the 2ecretary,Fenera&
within siAty
days fo&&owin) the eA(iry of that (eriod. The a((oint+ent of the chair+an +ay /e +ade
/y the
2ecretary,Fenera& either fro+ the &ist or fro+ the +e+/ershi( of the 9nternationa& Law
Co++ission.
7ny of the (eriods within which a((oint+ents +st /e +ade +ay /e eAtended /y
a)ree+ent /etween
the (arties to the dis(te.
7ny vacancy sha&& /e 4&&ed in the +anner (rescri/ed for the initia& a((oint+ent.
3.The Conci&iation Co++ission sha&& decide its own (rocedre. The Co++ission% with the
consent of the (arties to the dis(te% +ay invite any (arty to the treaty to s/+it to it its
views ora&&y or
in writin). Decisions and reco++endations of the Co++ission sha&& /e +ade /y a
+a0ority vote of the
4ve +e+/ers.
B.The Co++ission +ay draw the attention of the (arties to the dis(te to any +easres
which
+i)ht faci&itate an a+ica/&e sett&e+ent.
'.The Co++ission sha&& hear the (arties% eAa+ine the c&ai+s and o/0ections% and +a.e
(ro(osa&s
to the (arties with a view to reachin) an a+ica/&e sett&e+ent of the dis(te.
6.The Co++ission sha&& re(ort within twe&ve +onths of its constittion. 9ts re(ort sha&& /e
de(osited with the 2ecretary,Fenera& and trans+itted to the (arties to the dis(te. The
re(ort of the
Co++ission% inc&din) any conc&sions stated therein re)ardin) the facts or 1estions of
&aw% sha&& not
/e /indin) (on the (arties and it sha&& have no other character than that of
reco++endations s/+itted
for the consideration of the (arties in order to faci&itate an a+ica/&e sett&e+ent of the
dis(te.
31
7.The 2ecretary,Fenera& sha&& (rovide the Co++ission with sch assistance and faci&ities
as it
+ay re1ire. The eA(enses of the Co++ission sha&& /e /orne /y the #nited $ations.
NNNNNNNNNNNNN