Vienna Convention on the Law of Treaties

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The Vienna Convention on the Law of Treaties (VCLT) is a treaty concerning the international law on
treaties between states. It was adopted on 23 May 1969[3] and opened for signature on 23 May 1969.[1] The
Convention entered into force on 27 January 1980.[1] The VCLT has been ratified by 116 states as of January
2018.[2] Some countries that have not ratified the Convention, such as the United States,[4] recognize parts of it
as a restatement of customary law and binding upon them as such.

History[edit]
The VCLT was drafted by the International Law Commission (ILC) of the United Nations, which began work on
the Convention in 1949.[3] During the twenty years of preparation, several draft versions of the convention and
commentaries were prepared by special rapporteurs of the ILC.[3] James Brierly, Hersch Lauterpacht, Gerald
Fitzmaurice and Humphrey Waldock were the four special rapporteurs.[3] In 1966, the ILC adopted 75 draft
articles which formed the basis for the final work.[5] Over two sessions in 1968 and 1969, the Vienna
Conference completed the Convention, which was adopted on 22 May 1969 and opened for signature the
following day.[3][5]

Content and effects[edit]

The Convention codifies several bedrocks of contemporary international law. It defines a treaty as "an
international agreement concluded between states in written form and governed by international law", as well
as affirming that "every state possesses the capacity to conclude treaties. Article 1 restricts the application of
the Convention to written treaties between States, excluding treaties concluded between the states and
international organizations or international organizations themselves.
The Convention has been referred to as the "treaty on treaties"; [6] it is widely recognized as the authoritative
guide regarding the formation and effects of treaties. Even those countries who have not ratified it recognize its
significance. For example, the United States recognizes that parts of the Convention constitute customary law
binding on all nations.[4]In India, the Supreme court has also recognised the customary status of the
convention.[7]

Scope[edit]
The scope of the Convention is limited. It applies only to treaties concluded between states, so it does not
cover agreements between states and international organizations or between international organizations
themselves, though if any of its rules are independently binding on such organizations, they remain so.[8] It
does apply, however, to treaties between states within an intergovernmental organization.[9] However,
agreements between states and international organizations, or between international organizations
themselves, will be governed by the 1986 Vienna Convention on the Law of Treaties between States and
International Organizations or Between International Organizations if it ever enters into force. Also, in treaties
between states and international organizations, the terms of the Convention still apply between the state
members.[8] The Convention does not apply to agreements not in written form.[8]

Parties to the convention[edit]

Main article: List of parties to the Vienna Convention on the Law of Treaties
As of January 2018, there are 116 state parties that have ratified the convention, and a further 15 states have
signed but have not ratified the convention.[2] In addition, the Republic of China (Taiwan), which is currently
only recognized by 19 UN member states, signed the Convention in 1970 prior to the United Nations General
Assembly's vote to transfer China's seat to the People's Republic of China (PRC) in 1971. The PRC
subsequently acceded to the Convention.[2] 66 UN member states have neither signed nor ratified the
Convention.

Vienna formula[edit]
International treaties and conventions contain rules about what entities could sign, ratify or accede to them.
Some treaties are restricted to states that are members of the UN or parties to the Statute of the International
Court of Justice. In rare cases there is an explicit list of the entities that the treaty is restricted to. More
commonly the aim of the founding signatories is that the treaty is not restricted to particular states only and so
a wording like "this treaty is open for signature to States willing to accept its provisions" is used (the so-called
"All States formula"[10]).
When a treaty is open to "States", for the depositary authority[11] it is difficult or impossible to determine which
entities are States. If the treaty is restricted to Members of the United Nations or Parties to the Statute of the
International Court of Justice, there is no ambiguity. However, a difficulty has occurred as to possible
participation in treaties when entities which appeared otherwise to be States could not be admitted to the
United Nations, nor become Parties to the Statute of the International Court of Justice owing to the opposition,
for political reasons, of a permanent member of the Security Council or have not applied for ICJ or UN
membership. Since that difficulty did not arise as concerns membership in the specialized agencies, where
there is no "veto" procedure, a number of those States became members of specialized agencies, and as such
were in essence recognized as States by the international community. Accordingly, and in order to allow for as
wide a participation as possible, a number of conventions then provided that they were also open for
participation to States members of specialized agencies. The type of entry-into-force clause utilized in the
Vienna Convention on the Law of Treaties was later called the "Vienna formula" and its wording was utilized by
various treaties, conventions and organizations.[12]
Some treaties that utilize it include provisions that in addition to these States any other State invited by a
specified authority or organization (commonly the United Nations General Assembly[citation needed] or an institution
created by the treaty in question) can also participate, thus making the scope of potential signatories even
broader.
The present Convention shall be open for signature by all States Members of the United Nations or of any
of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of
the International Court of Justice, and by any other State invited by the General Assembly of the United
Nations to become a party to the Convention, as follows: until 30 November 1969, at the Federal Ministry for
Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970, at United Nations
Headquarters, New York.

— Vienna Convention on the Law of Treaties, Article 81, Signature