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8/10/2019 1969 Vienna Convention on the Law of Treaties-doc http://slidepdf.com/reader/full/1969-vienna-convention-on-the-law-of-treaties-doc 1/32 1969 VIENNA CONVENTION ON THE LAW OF TREATIES Adopted in Vienna, Austria on 2 !a" 1969 [http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf] #ART I$ INTRO%&CTION$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$'  Article 1 cope of the !resent "onvention....................................................................... #  Article $ %se of &erms...................................................................................................... #  Article ' (nternational Agreements )ot *ithin the cope of the !resent "onvention........6  Article + )on,-etroactivity of the !resent "onvention......................................................6  Article # &reaties "onstituting (nternational organiations and &reaties Adopted *ithin An (nternational organiation................................................................................................. #ART II$ CONCL&SION AN% ENTR( INTO FORCE OF TREATIES$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$) Se*tion 1$ Con*+usion o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$)  Article 6 "apacity of tates to "onclude &reaties.............................................................  Article 0ull !o*ers........................................................................................................  Article u2se3uent "onfirmation of An Act !erformed *ithout Authoriation.................  Article 9 Adoption of the &ext............................................................................................  Article 14 Authentication of the &ext.................................................................................  Article 11 5eans of xpressing "onsent to 2e 7ound 2y A &reaty...................................  Article 1$ "onsent to 2e 7ound 2y A &reaty xpressed 2y ignature..............................  Article 1' "onsent to 2e 7ound 2y A &reaty xpressed 2y An xchange of (nstruments "onstituting A &reaty........................................................................................................ 9  Article 1+ "onsent to 2e 7ound 2y A &reaty xpressed 2y -atification8 Acceptance or  Approval ........................................................................................................................... 9  Article 1# "onsent to 2e 7ound 2y A &reaty xpressed 2y Accession..............................9  Article 16 xchange or eposit of (nstruments of -atification8 Acceptance8 Approval or  Accession ......................................................................................................................... 9  Article 1 "onsent to 2e 7ound 2y !art of A &reaty and "hoice of iffering !rovisions.14  Article 1 2ligation )ot to efeat the 2;ect and !urpose of A &reaty !rior to (ts ntry into 0orce....................................................................................................................... 14 Se*tion 2$ Reser-ations$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1.  Article 19 0ormulation of -eservations........................................................................... 14  Article $4 Acceptance of and 2;ection to -eservations................................................ 14  Article $1 <egal lects of -eservations and of 2;ections to -eservations....................11 %)00("(A< &=& > ")&- 0- ()&-)A&()A< <A?> ***.cil.nus.edu.sg
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1969 VIENNA CONVENTION ON THE LAW OF TREATIES

Adopted in Vienna, Austria on 2 !a" 1969

[http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf ]

#ART I$ INTRO%&CTION$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$'

 Article 1 cope of the !resent "onvention.......................................................................#

 Article $ %se of &erms......................................................................................................#

 Article ' (nternational Agreements )ot *ithin the cope of the !resent "onvention...... ..6

 Article + )on,-etroactivity of the !resent "onvention......................................................6

 Article # &reaties "onstituting (nternational organiations and &reaties Adopted *ithin An

(nternational organiation.................................................................................................

#ART II$ CONCL&SION AN% ENTR( INTO FORCE OF TREATIES$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$)

Se*tion 1$ Con*+usion o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$)

 Article 6 "apacity of tates to "onclude &reaties.............................................................

 Article 0ull !o*ers........................................................................................................

 Article u2se3uent "onfirmation of An Act !erformed *ithout Authoriation.................

 Article 9 Adoption of the &ext............................................................................................

 Article 14 Authentication of the &ext.................................................................................

 Article 11 5eans of xpressing "onsent to 2e 7ound 2y A &reaty...................................

 Article 1$ "onsent to 2e 7ound 2y A &reaty xpressed 2y ignature..............................

 Article 1' "onsent to 2e 7ound 2y A &reaty xpressed 2y An xchange of (nstruments

"onstituting A &reaty........................................................................................................9

 Article 1+ "onsent to 2e 7ound 2y A &reaty xpressed 2y -atification8 Acceptance or 

 Approval........................................................................................................................... 9

 Article 1# "onsent to 2e 7ound 2y A &reaty xpressed 2y Accession..............................9

 Article 16 xchange or eposit of (nstruments of -atification8 Acceptance8 Approval or 

 Accession.........................................................................................................................9

 Article 1 "onsent to 2e 7ound 2y !art of A &reaty and "hoice of iffering !rovisions. 14

 Article 1 2ligation )ot to efeat the 2;ect and !urpose of A &reaty !rior to (ts ntry

into 0orce.......................................................................................................................14

Se*tion 2$ Reser-ations$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1.

 Article 19 0ormulation of -eservations...........................................................................14

 Article $4 Acceptance of and 2;ection to -eservations................................................14

 Article $1 <egal lects of -eservations and of 2;ections to -eservations....................11

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1969 @())A ")@)&() ) & <A? 0 &-A&(

 Article $$ ?ithdra*al of -eservations and of 2;ections to -eservations......................11

 Article $' !rocedure -egarding -eservations................................................................1$

Se*tion $ Entr" into For*e and #ro-isiona+, App+i*ation o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$$12

 Article $+ ntry into 0orce.............................................................................................. 1$

 Article $# !rovisional Application................................................................................... 1$

#ART III$ O/SERVANCE, A##LICATION AN% INTER#RETATION OF TREATIES$$$$$$$$$$$$$$$$1

Se*tion 1$ O0ser-an*e o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1

 Article $6 “Pacta Sunt Servanda” ...................................................................................1'

 Article $ (nternal <a* and 2servance of &reaties.......................................................1'

Se*tion 2$ App+i*ation o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 1

 Article $ )on,-etroactivity of &reaties.......................................................................... 1'

 Article $9 &erritorial cope of &reaties............................................................................1'

 Article '4 Application of uccessive &reaties -elating to the ame u2;ect 5atter..... ..1'

Se*tion $ Interpretation o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1

 Article '1 Beneral -ule of (nterpretation........................................................................1+

 Article '$ upplementary 5eans of (nterpretation..........................................................1+

 Article '' (nterpretation of &reaties Authenticated in &*o or 5ore <anguages........... ....1#

Se*tion $ Treaties and Tird States$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1'

 Article '+ Beneral -ule -egarding &hird tates.............................................................1#

 Article '# &reaties !roviding for 2ligations for &hird tates..........................................1#

 Article '6 &reaties !roviding for -ights for &hird tates.................................................1#

 Article ' -evocation or 5odification of 2ligations or -ights of &hird tates...............16

 Article ' -ules in A &reaty 2ecoming 7inding on &hird tates through (nternational

"ustom...........................................................................................................................16

#ART IV$ A!EN%!ENT AN% !O%IFICATION OF TREATIES$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$16

 Article '9 Beneral -ule -egarding the Amendment of &reaties.....................................16

 Article +4 Amendment of 5ultilateral &reaties................................................................16

 Article +1 Agreements to 5odify 5ultilateral &reaties 2et*een "ertain of the !arties nly

.......................................................................................................................................1#ART V$ INVALI%IT(, TER!INATION AN% S&S#ENSION OF THE O#ERATION OF

TREATIES$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 1)

Se*tion 1$ 3enera+ #ro-isions$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1)

 Article +$ @alidity and "ontinuance in 0orce of &reaties.................................................1

 Article +' 2ligations (mposed 2y (nternational <a* (ndependently of A &reaty.............1

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1969 @())A ")@)&() ) & <A? 0 &-A&(

 Article ++ epara2ility of &reaty !rovisions....................................................................1

 Article +# <oss of A -ight to (nvoCe A Bround for (nvalidating8 &erminating8 ?ithdra*ing

0rom or uspending the peration of A &reaty.............................................................. 1

Se*tion 2$ In-a+idit" o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$14

 Article +6 !rovisions of (nternal <a* -egarding "ompetence to "onclude &reaties..... .1

 Article + pecific -estrictions on Authority to xpress the "onsent of A tate........ .....19

 Article + rror............................................................................................................... 19

 Article +9 0raud..............................................................................................................19

 Article #4 "orruption of A -epresentative of A tate......................................................19

 Article #1 "oercion of A -epresentative of A tate.........................................................19

 Article #$ "oercion of A tate 2y the &hreat or %se of 0orce.........................................$4

 Article #' &reaties "onflicting *ith A !eremptory )orm of Beneral (nternational <a*

(“Jus Cogens”)...............................................................................................................$4

Se*tion $ Ter5ination and Suspension o te Operation o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$2.

 Article #+ &ermination of or ?ithdra*al from A &reaty under (ts !rovisions or 2y "onsent

of the !arties.................................................................................................................. $4

 Article ## -eduction of the !arties to A 5ultilateral &reaty 2elo* the )um2er )ecessary

for (ts ntry into 0orce....................................................................................................$4

 Article #6 enunciation of or ?ithdra*al from A &reaty "ontaining )o !rovision

-egarding &ermination8 enunciation or ?ithdra*al......................................................$4

 Article # uspension of the peration of A &reaty under (ts !rovisions or 2y "onsent of 

the !arties......................................................................................................................$1

 Article # uspension of the peration of A 5ultilateral &reaty 2y Agreement 2et*een

"ertain of the !arties nly.............................................................................................$1

 Article #9 &ermination or uspension of the peration of A &reaty (mplied 2y "onclusion

of A <ater &reaty............................................................................................................. $1

 Article 64 &ermination or uspension of the peration of A &reaty as A "onse3uence of 

(ts 7reach.......................................................................................................................$1

 Article 61 upervening (mpossi2ility of !erformance.....................................................$$ Article 6$ 0undamental "hange of "ircumstances........................................................$$

 Article 6' everance of iplomatic or "onsular -elations.............................................$'

 Article 6+ mergence of A )e* !eremptory )orm of Beneral (nternational <a* DEFus

"ogensGH........................................................................................................................$'

Se*tion $ #ro*edure$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 2

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1969 @())A ")@)&() ) & <A? 0 &-A&(

 Article 6# !rocedure to 2e 0ollo*ed *ith -espect to (nvalidity8 &ermination8 ?ithdra*al

from or uspension of the peration of A &reaty............................................................$'

 Article 66 !rocedures for Fudicial ettlement8 Ar2itration and "onciliation.....................$+

 Article 6 (nstruments for eclaring (nvalid8 &erminating8 ?ithdra*ing from or 

uspending the peration of A &reaty............................................................................$+

 Article 6 -evocation of )otifications and (nstruments !rovided for in Articles 6# and 6

.......................................................................................................................................$+

Se*tion '$ Conseuen*es o te In-a+idit", Ter5ination or Suspension o te

Operation o A Treat"$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 2'

 Article 69 "onse3uences of the (nvalidity of A &reaty.....................................................$#

 Article 4 "onse3uences of the &ermination of A &reaty................................................$#

 Article 1 "onse3uences of the (nvalidity of A &reaty *hich "onflicts *ith A !eremptory

)orm of Beneral (nternational <a*.................................................................................$#

 Article $ "onse3uences of the uspension of the peration of A &reaty......................$6

#ART VI$ !ISCELLANEO&S #ROVISIONS$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$26

 Article ' "ases of tate uccession8 tate -esponsi2ility and ut2reaC of ostilities.$6

 Article + iplomatic and "onsular -elations and the "onclusion of &reaties................$6

 Article # "ase of An Aggressor tate...........................................................................$6

#ART VII$ %E#OSITARIES, NOTIFICATIONS, CORRECTIONS AN% RE3ISTRATION$$$$$$$$$$2)

 Article 6 epositaries of &reaties..................................................................................$

 Article 0unctions of epositaries...............................................................................$

 Article )otifications and "ommunications.................................................................$

 Article 9 "orrection of rrors in &exts or in "ertified "opies of &reaties.......................$

 Article 4 -egistration and !u2lication of &reaties.........................................................$9

#ART VIII$ FINAL #ROVISIONS$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$29

 Article 1 ignature........................................................................................................$9

 Article $ -atification..................................................................................................... $9

 Article ' Accession....................................................................................................... $9

 Article + ntry into 0orce.............................................................................................. $9 Article # Authentic &exts............................................................................................... '4

ANNE7$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1

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1969 @())A ")@)&() ) & <A? 0 &-A&(

&he tates !arties to the present "onvention8

CONSI%ERIN3 the fundamental role of treaties in the history of international relations8

RECO3NI8IN3 the ever,increasing importance of treaties as a source of international la* and

as a means of developing peaceful cooperation among nations8 *hatever their constitutional

and social systems8NOTIN3 that the principles of free consent and of good faith and the  pacta sunt servanda rule

are universally recognied8

AFFIR!IN3  that disputes concerning treaties8 liCe other international disputes8 should 2e

settled 2y peaceful means and in conformity *ith the principles of ;ustice and international la*8

RECALLIN3 the determination of the peoples of the %nited )ations to esta2lish conditions

under *hich ;ustice and respect for the o2ligations arising from treaties can 2e maintained8

HAVIN3 IN !IN%  the principles of international la* em2odied in the "harter of the %nited

)ations8 such as the principles of the e3ual rights and self,determination of peoples8 of the

sovereign e3uality and independence of all tates8 of non,interference in the domestic affairs of tates8 of the prohi2ition of the threat or use of force and of universal respect for8 and

o2servance of8 human rights and fundamental freedoms for all8

/ELIEVIN3 that the codification and progressive development of the la* of treaties achieved in

the present "onvention *ill promote the purposes of the %nited )ations set forth in the "harter8

namely8 the maintenance of international peace and security8 the development of friendly

relations and the achievement of cooperation among nations8

AFFIR!IN3 that the rules of customary international la* *ill continue to govern 3uestions not

regulated 2y the provisions of the present "onvention8

HAVE A3REE% AS FOLLOWS

#ART I$ INTRO%&CTION

 Article 1 Scope of the Present Convention

&he present "onvention applies to treaties 2et*een tates.

 Article 2 Use of Ters

1. 0or the purposes of the present "onvention:DaH EtreatyG means an international agreement concluded 2et*een tates in *ritten form and

governed 2y international la*8 *hether em2odied in a single instrument or in t*o or more

related instruments and *hatever its particular designationI

D2H EratificationG8 EacceptanceG8 EapprovalG and EaccessionG mean in each case the

international act so named *here2y a tate esta2lishes on the international plane its

consent to 2e 2ound 2y a treatyI

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1969 @())A ")@)&() ) & <A? 0 &-A&(

DcH Efull po*ersG means a document emanating from the competent authority of a tate

designating a person or persons to represent the tate for negotiating8 adopting or 

authenticating the text of a treaty8 for expressing the consent of the tate to 2e 2ound 2y a

treaty8 or for accomplishing any other act *ith respect to a treatyI

DdH EreservationG means a unilateral statement8 ho*ever phrased or named8 made 2y a

tate8 *hen signing8 ratifying8 accepting8 approving or acceding to a treaty8 *here2y it

purports to exclude or to modify the legal effect of certain provisions of the treaty in their 

application to that tateI

DeH Enegotiating tateG means a tate *hich tooC part in the dra*ing up and adoption of the

text of the treatyI

DfH Econtracting tateG means a tate *hich has consented to 2e 2ound 2y the treaty8

*hether or not the treaty has entered into forceI

DgH EpartyG means a tate *hich has consented to 2e 2ound 2y the treaty and for *hich the

treaty is in forceI

DhH Ethird tateG means a tate not a party to the treatyI

DiH Einternational organiationG means an intergovernmental organiation.

$. &he provisions of paragraph 1 regarding the use of terms in the present "onvention are

*ithout pre;udice to the use of those terms or to the meanings *hich may 2e given to them in

the internal la* of any tate.

 Article ! "nternational Agreeents #ot $ithin the Scope of the Present Convention

&he fact that the present "onvention does not apply to international agreements concluded

2et*een tates and other su2;ects of international la* or 2et*een such other su2;ects of international la*8 or to international agreements not in *ritten form8 shall not affect:

DaH the legal force of such agreementsI

D2H the application to them of any of the rules set forth in the present "onvention to *hich they

*ould 2e su2;ect under international la* independently of the "onventionI

DcH the application of the "onvention to the relations of tates as 2et*een themselves under 

international agreements to *hich other su2;ects of international la* are also parties.

 Article % #on&'etroactivit of the Present Convention

?ithout pre;udice to the application of any rules set forth in the present "onvention to *hich

treaties *ould 2e su2;ect under international la* independently of the "onvention8 the

"onvention applies only to treaties *hich are concluded 2y tates after the entry into force of 

the present "onvention *ith regard to such tates.

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1969 @())A ")@)&() ) & <A? 0 &-A&(

 Article Adoption of the Tet 

1. &he adoption of the text of a treaty taCes place 2y the consent of all the tates participating in

its dra*ing up except as provided in paragraph $.

$. &he adoption of the text of a treaty at an international conference taCes place 2y the vote of 

t*o thirds of the tates present and voting8 unless 2y the same ma;ority they shall decide to

apply a different rule.

 Article 13 Authentication of the Tet 

&he text of a treaty is esta2lished as authentic and definitive:

DaH 2y such procedure as may 2e provided for in the text or agreed upon 2y the tates

participating in its dra*ing upI or 

D2H failing such procedure8 2y the signature8 signature ad referendum or initialling 2y the

representatives of those tates of the text of the treaty or of the 0inal Act of a conferenceincorporating the text.

 Article 11 4eans of 5pressing Consent to /e 6ound / A Treat 

&he consent of a tate to 2e 2ound 2y a treaty may 2e expressed 2y signature8 exchange of 

instruments constituting a treaty8 ratification8 acceptance8 approval or accession8 or 2y any other 

means if so agreed.

 Article 12 Consent to /e 6ound / A Treat 5pressed / Signature

1. &he consent of a tate to 2e 2ound 2y a treaty is expressed 2y the signature of its

representative *hen:

DaH the treaty provides that signature shall have that effectI

D2H it is other*ise esta2lished that the negotiating tates *ere agreed that signature should

have that effectI or 

DcH the intention of the tate to give that effect to the signature appears from the full po*ers

of its representative or *as expressed during the negotiation.

$. 0or the purposes of paragraph 1:

DaH the initialling of a text constitutes a signature of the treaty *hen it is esta2lished that thenegotiating tates so agreedI

D2H the signature ad referendum of a treaty 2y a representative8 if confirmed 2y his tate8

constitutes a full signature of the treaty.

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1969 @())A ")@)&() ) & <A? 0 &-A&(

 Article 1! Consent to /e 6ound / A Treat 5pressed / An 5change of "nstruents

Constituting A Treat 

&he consent of tates to 2e 2ound 2y a treaty constituted 2y instruments exchanged 2et*een

them is expressed 2y that exchange *hen:

DaH the instruments provide that their exchange shall have that effectI or 

D2H it is other*ise esta2lished that those tates *ere agreed that the exchange of instruments

should have that effect.

 Article 1% Consent to /e 6ound / A Treat 5pressed / 'atification7 Acceptance or

 Approval 

1. &he consent of a tate to 2e 2ound 2y a treaty is expressed 2y ratification *hen:

DaH the treaty provides for such consent to 2e expressed 2y means of ratificationI

D2H it is other*ise esta2lished that the negotiating tates *ere agreed that ratification should

2e re3uiredI

DcH the representative of the tate has signed the treaty su2;ect to ratificationI or 

DdH the intention of the tate to sign the treaty su2;ect to ratification appears from the full

po*ers of its representative or *as expressed during the negotiation.

$. &he consent of a tate to 2e 2ound 2y a treaty is expressed 2y acceptance or approval under 

conditions similar to those *hich apply to ratification.

 Article 1 Consent to /e 6ound / A Treat 5pressed / Accession

&he consent of a tate to 2e 2ound 2y a treaty is expressed 2y accession *hen:

DaH the treaty provides that such consent may 2e expressed 2y that tate 2y means of 

accessionI

D2H it is other*ise esta2lished that the negotiating tates *ere agreed that such consent may 2e

expressed 2y that tate 2y means of accessionI or 

DcH all the parties have su2se3uently agreed that such consent may 2e expressed 2y that tate

2y means of accession.

 Article 1+ 5change or 8eposit of "nstruents of 'atification7 Acceptance7 Approval or Accession

%nless the treaty other*ise provides8 instruments of ratification8 acceptance8 approval or 

accession esta2lish the consent of a tate to 2e 2ound 2y a treaty upon:

DaH their exchange 2et*een the contracting tatesI

D2H their deposit *ith the depositaryI or 

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DcH their notification to the contracting tates or to the depositary8 if so agreed.

 Article 1, Consent to /e 6ound / Part of A Treat and Choice of 8iffering Provisions

1. ?ithout pre;udice to articles 19 to $'8 the consent of a tate to 2e 2ound 2y part of a treaty is

effective only if the treaty so permits or the other contracting tates so agree.

$. &he consent of a tate to 2e 2ound 2y a treaty *hich permits a choice 2et*een differing

provisions is effective only if it is made clear to *hich of the provisions the consent relates.

 Article 1. 9/ligation #ot to 8efeat the 9/:ect and Purpose of A Treat Prior to "ts 5ntr

into -orce

 A tate is o2liged to refrain from acts *hich *ould defeat the o2;ect and purpose of a treaty

*hen:

DaH it has signed the treaty or has exchanged instruments constituting the treaty su2;ect toratification8 acceptance or approval8 until it shall have made its intention clear not to 2ecome a

party to the treatyI or 

D2H it has expressed its consent to 2e 2ound 2y the treaty8 pending the entry into force of the

treaty and provided that such entry into force is not unduly delayed.

SECTION 2$ RESERVATIONS

 Article 1 -orulation of 'eservations

 A tate may8 *hen signing8 ratifying8 accepting8 approving or acceding to a treaty8 formulate areservation unless:

DaH the reservation is prohi2ited 2y the treatyI

D2H the treaty provides that only specified reservations8 *hich do not include the reservation in

3uestion8 may 2e madeI or 

DcH in cases not failing under su2paragraphs DaH and D2H8 the reservation is incompati2le *ith the

o2;ect and purpose of the treaty.

 Article 23 Acceptance of and 9/:ection to 'eservations

1. A reservation expressly authoried 2y a treaty does not re3uire any su2se3uent acceptance

2y the other contracting tates unless the treaty so provides.

$. ?hen it appears from the limited num2er of the negotiating tates and the o2;ect and

purpose of a treaty that the application of the treaty in its entirety 2et*een all the parties is an

essential condition of the consent of each one to 2e 2ound 2y the treaty8 a reservation re3uires

acceptance 2y all the parties.

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'. ?hen a treaty is a constituent instrument of an international organiation and unless it

other*ise provides8 a reservation re3uires the acceptance of the competent organ of that

organiation.

+. (n cases not falling under the preceding paragraphs and unless the treaty other*ise provides:

DaH acceptance 2y another contracting tate of a reservation constitutes the reserving tatea party to the treaty in relation to that other tate if or *hen the treaty is in force for those

tatesI

D2H an o2;ection 2y another contracting tate to a reservation does not preclude the entry

into force of the treaty as 2et*een the o2;ecting and reserving tates unless a contrary

intention is definitely expressed 2y the o2;ecting tateI

DcH an act expressing a tateJs consent to 2e 2ound 2y the treaty and containing a

reservation is effective as soon as at least one other contracting tate has accepted the

reservation.

#. 0or the purposes of paragraphs $ and + and unless the treaty other*ise provides8 a

reservation is considered to have 2een accepted 2y a tate if it shall have raised no o2;ection to

the reservation 2y the end of a period of t*elve months after it *as notified of the reservation or 

2y the date on *hich it expressed its consent to 2e 2ound 2y the treaty8 *hichever is later.

 Article 21 ;egal 5lects of 'eservations and of 9/:ections to 'eservations

1. A reservation esta2lished *ith regard to another party in accordance *ith articles 198 $4 and

$':

DaH modifies for the reserving tate in its relations *ith that other party the provisions of the

treaty to *hich the reservation relates to the extent of the reservationI and

D2H modifies those provisions to the same extent for that other party in its relations *ith the

reserving tate.

$. &he reservation does not modify the provisions of the treaty for the other parties to the treaty

inter se.

'. ?hen a tate o2;ecting to a reservation has not opposed the entry into force of the treaty

2et*een itself and the reserving tate8 the provisions to *hich the reservation relates do not

apply as 2et*een the t*o tates to the extent of the reservation.

 Article 22 <ithdra$al of 'eservations and of 9/:ections to 'eservations

1. %nless the treaty other*ise provides8 a reservation may 2e *ithdra*n at any time and the

consent of a tate *hich has accepted the reservation is not re3uired for its *ithdra*al.

$. %nless the treaty other*ise provides8 an o2;ection to a reservation may 2e *ithdra*n at any

time.

'. %nless the treaty other*ise provides8 or it is other*ise agreed:

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DaH the *ithdra*al of a reservation 2ecomes operative in relation to another contracting

tate only *hen notice of it has 2een received 2y that tateI

D2H the *ithdra*al of an o2;ection to a reservation 2ecomes operative only *hen notice of it

has 2een received 2y the tate *hich formulated the reservation.

 Article 2! Procedure 'egarding 'eservations

1. A reservation8 an express acceptance of a reservation and an o2;ection to a reservation must

2e formulated in *riting and communicated to the contracting tates and other tates entitled to

2ecome parties to the treaty.

$. (f formulated *hen signing the treaty su2;ect to ratification8 acceptance or approval8 a

reservation must 2e formally confirmed 2y the reserving tate *hen expressing its consent to

2e 2ound 2y the treaty. (n such a case the reservation shall 2e considered as having 2een made

on the date of its confirmation.

'. An express acceptance of8 or an o2;ection to8 a reservation made previously to confirmationof the reservation does not itself re3uire confirmation.

+. &he *ithdra*al of a reservation or of an o2;ection to a reservation must 2e formulated in

*riting.

SECTION $ ENTR( INTO FORCE AN% #ROVISIONAL, A##LICATION OF

TREATIES

 Article 2% 5ntr into -orce

1. A treaty enters into force in such manner and upon such date as it may provide or as the

negotiating tates may agree.

$. 0ailing any such provision or agreement8 a treaty enters into force as soon as consent to 2e

2ound 2y the treaty has 2een esta2lished for all the negotiating tates.

'. ?hen the consent of a tate to 2e 2ound 2y a treaty is esta2lished on a date after the treaty

has come into force8 the treaty enters into force for that tate on that date8 unless the treaty

other*ise provides.

+. &he provisions of a treaty regulating the authentication of its text8 the esta2lishment of the

consent of tates to 2e 2ound 2y the treaty8 the manner or date of its entry into force8

reservations8 the functions of the depositary and other matters arising necessarily 2efore theentry into force of the treaty apply from the time of the adoption of its text.

 Article 2 Provisional Application

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

DaH the treaty itself so providesI or 

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D2H the negotiating tates have in some other manner so agreed.

$. %nless the treaty other*ise provides or the negotiating tates have other*ise agreed8 the

provisional application of a treaty or a part of a treaty *ith respect to a tate shall 2e terminated

if that tate notifies the other tates 2et*een *hich the treaty is 2eing applied provisionally of 

its intention not to 2ecome a party to the treaty.

#ART III$ O/SERVANCE, A##LICATION AN% INTER#RETATION OF

TREATIES

SECTION 1$ O/SERVANCE OF TREATIES

 Article 2+ “Pacta Sunt Servanda” 

very treaty in force is 2inding upon the parties to it and must 2e performed 2y them in good

faith.

 Article 2, "nternal ;a$ and 9/servance of Treaties

 A party may not invoCe the provisions of its internal la* as ;ustification for its failure to perform a

treaty. &his rule is *ithout pre;udice to article +6.

SECTION 2$ A##LICATION OF TREATIES

 Article 2. #on&'etroactivit of Treaties

%nless a different intention appears from the treaty or is other*ise esta2lished8 its provisions do

not 2ind a party in relation to any act or fact *hich tooC place or any situation *hich ceased to

exist 2efore the date of the entry into force of the treaty *ith respect to that party.

 Article 2 Territorial Scope of Treaties

%nless a different intention appears from the treaty or is other*ise esta2lished8 a treaty is

2inding upon each party in respect of its entire territory.

 Article !3 Application of Successive Treaties 'elating to the Sae Su/:ect 4atter 

1. u2;ect to Article 14' of the "harter of the %nited )ations8 the rights and o2ligations of tates

!arties to successive treaties relating to the same su2;ect matter shall 2e determined in

accordance *ith the follo*ing paragraphs.

$. ?hen a treaty specifies that it is su2;ect to8 or that it is not to 2e considered as incompati2le

*ith8 an earlier or later treaty8 the provisions of that other treaty prevail.

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'. ?hen all the parties to the earlier treaty are parties also to the later treaty 2ut the earlier 

treaty is not terminated or suspended in operation under article #98 the earlier treaty applies only

to the extent that its provisions are compati2le *ith those of the later treaty.

+. ?hen the parties to the later treaty do not include all the parties to the earlier one:

DaH as 2et*een tates !arties to 2oth treaties the same rule applies as in paragraph 'ID2H as 2et*een a tate party to 2oth treaties and a tate party to only one of the treaties8 the

treaty to *hich 2oth tates are parties governs their mutual rights and o2ligations.

#. !aragraph + is *ithout pre;udice to article +18 or to any 3uestion of the termination or 

suspension of the operation of a treaty under article 64 or to any 3uestion of responsi2ility *hich

may arise for a tate from the conclusion or application of a treaty the provisions of *hich are

incompati2le *ith its o2ligations to*ards another tate under another treaty.

SECTION $ INTER#RETATION OF TREATIES

 Article !1 =eneral 'ule of "nterpretation

1. A treaty shall 2e interpreted in good faith in accordance *ith the ordinary meaning to 2e given

to the terms of the treaty in their context and in the light of its o2;ect and purpose.

$. &he context for the purpose of the interpretation of a treaty shall comprise8 in addition to the

text8 including its pream2le and annexes:

DaH any agreement relating to the treaty *hich *as made 2et*een all the parties in

connection *ith the conclusion of the treatyI

D2H any instrument *hich *as made 2y one or more parties in connection *ith the

conclusion of the treaty and accepted 2y the other parties as an instrument related to thetreaty.

'. &here shall 2e taCen into account8 together *ith the context:

DaH any su2se3uent agreement 2et*een the parties regarding the interpretation of the treaty

or the application of its provisionsI

D2H any su2se3uent practice in the application of the treaty *hich esta2lishes the agreement

of the parties regarding its interpretationI

DcH any relevant rules of international la* applica2le in the relations 2et*een the parties.

+. A special meaning shall 2e given to a term if it is esta2lished that the parties so intended.

 Article !2 Suppleentar 4eans of "nterpretation

-ecourse may 2e had to supplementary means of interpretation8 including the preparatory *orC

of the treaty and the circumstances of its conclusion8 in order to confirm the meaning resulting

from the application of article '18 or to determine the meaning *hen the interpretation according

to article '1:

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DaH leaves the meaning am2iguous or o2scureI or 

D2H leads to a result *hich is manifestly a2surd or unreasona2le.

 Article !! "nterpretation of Treaties Authenticated in T$o or 4ore ;anguages

1. ?hen a treaty has 2een authenticated in t*o or more languages8 the text is e3ually

authoritative in each language8 unless the treaty provides or the parties agree that8 in case of 

divergence8 a particular text shall prevail.

$. A version of the treaty in a language other than one of those in *hich the text *as

authenticated shall 2e considered an authentic text only if the treaty so provides or the parties

so agree.

'. &he terms of the treaty are presumed to have the same meaning in each authentic text.

+. xcept *here a particular text prevails in accordance *ith paragraph 18 *hen a comparison

of the authentic texts discloses a difference of meaning *hich the application of articles '1 and

'$ does not remove8 the meaning *hich 2est reconciles the texts8 having regard to the o2;ectand purpose of the treaty8 shall 2e adopted.

SECTION $ TREATIES AN% THIR% STATES

 Article !% =eneral 'ule 'egarding Third States

 A treaty does not create either o2ligations or rights for a third tate *ithout its consent.

 Article ! Treaties Providing for 9/ligations for Third States

 An o2ligation arises for a third tate from a provision of a treaty if the parties to the treaty intend

the provision to 2e the means of esta2lishing the o2ligation and the third tate expressly

accepts that o2ligation in *riting.

 Article !+ Treaties Providing for 'ights for Third States

1. A right arises for a third tate from a provision of a treaty if the parties to the treaty intend the

provision to accord that right either to the third tate8 or to a group of tates to *hich it 2elongs8

or to all tates8 and the third tate assents thereto. (ts assent shall 2e presumed so long as the

contrary is not indicated8 unless the treaty other*ise provides.

$. A tate exercising a right in accordance *ith paragraph 1 shall comply *ith the conditions for 

its exercise provided for in the treaty or esta2lished in conformity *ith the treaty.

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 Article !, 'evocation or 4odification of 9/ligations or 'ights of Third States

1. ?hen an o2ligation has arisen for a third tate in conformity *ith article '#8 the o2ligation

may 2e revoCed or modified only *ith the consent of the parties to the treaty and of the third

tate8 unless it is esta2lished that they had other*ise agreed.

$. ?hen a right has arisen for a third tate in conformity *ith article '68 the right may not 2e

revoCed or modified 2y the parties if it is esta2lished that the right *as intended not to 2e

revoca2le or su2;ect to modification *ithout the consent of the third tate.

 Article !. 'ules in A Treat /ecoing 6inding on Third States through "nternational

Custo

)othing in articles '+ to ' precludes a rule set forth in a treaty from 2ecoming 2inding upon a

third tate as a customary rule of international la*8 recognied as such.

#ART IV$ A!EN%!ENT AN% !O%IFICATION OF TREATIES

 Article ! =eneral 'ule 'egarding the Aendent of Treaties

 A treaty may 2e amended 2y agreement 2et*een the parties. &he rules laid do*n in !art ((

apply to such an agreement except insofar as the treaty may other*ise provide.

 Article %3 Aendent of 4ultilateral Treaties

1. %nless the treaty other*ise provides8 the amendment of multilateral treaties shall 2e

governed 2y the follo*ing paragraphs.

$. Any proposal to amend a multilateral treaty as 2et*een all the parties must 2e notified to all

the contracting tates8 each one of *hich shall have the right to taCe part in:

DaH the decision as to the action to 2e taCen in regard to such proposalI

D2H the negotiation and conclusion of any agreement for the amendment of the treaty.

'. very tate entitled to 2ecome a party to the treaty shall also 2e entitled to 2ecome a party to

the treaty as amended.

+. &he amending agreement does not 2ind any tate already a party to the treaty *hich does

not 2ecome a party to the amending agreementI article '48 paragraph + D2H8 applies in relationto such tate.

#. Any tate *hich 2ecomes a party to the treaty after the entry into force of the amending

agreement shall8 failing an expression of a different intention 2y that tate:

DaH 2e considered as a party to the treaty as amendedI and

D2H 2e considered as a party to the unamended treaty in relation to any party to the treaty

not 2ound 2y the amending agreement.

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 Article %1 Agreeents to 4odif 4ultilateral Treaties /et$een Certain of the Parties

9nl 

1. &*o or more of the parties to a multilateral treaty may conclude an agreement to modify the

treaty as 2et*een themselves alone if:

DaH the possi2ility of such a modification is provided for 2y the treatyI or 

D2H the modification in 3uestion is not prohi2ited 2y the treaty and:

DiH does not affect the en;oyment 2y the other parties of their rights under the treaty or 

the performance of their o2ligationsI

DiiH does not relate to a provision8 derogation from *hich is incompati2le *ith the effective

execution of the o2;ect and purpose of the treaty as a *hole.

$. %nless in a case falling under paragraph 1 DaH the treaty other*ise provides8 the parties in

3uestion shall notify the other parties of their intention to conclude the agreement and of the

modification to the treaty for *hich it provides.

#ART V$ INVALI%IT(, TER!INATION AN% S&S#ENSION OF THE

O#ERATION OF TREATIES

SECTION 1$ 3ENERAL #ROVISIONS

 Article %2 >alidit and Continuance in -orce of Treaties

1. &he validity of a treaty or of the consent of a tate to 2e 2ound 2y a treaty may 2e impeached

only through the application of the present "onvention.

$. &he termination of a treaty8 its denunciation or the *ithdra*al of a party8 may taCe place only

as a result of the application of the provisions of the treaty or of the present "onvention. &he

same rule applies to suspension of the operation of a treaty.

 Article %! 9/ligations "posed / "nternational ;a$ "ndependentl of A Treat 

&he invalidity8 termination or denunciation of a treaty8 the *ithdra*al of a party from it8 or the

suspension of its operation8 as a result of the application of the present "onvention or of the

provisions of the treaty8 shall not in any *ay impair the duty of any tate to fulfill any o2ligation

em2odied in the treaty to *hich it *ould 2e su2;ect under international la* independently of the

treaty.

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 Article %% Separa/ilit of Treat Provisions

1. A right of a party8 provided for in a treaty or arising under article #68 to denounce8 *ithdra*

from or suspend the operation of the treaty may 2e exercised only *ith respect to the *hole

treaty unless the treaty other*ise provides or the parties other*ise agree.

$. A ground for invalidating8 terminating8 *ithdra*ing from or suspending the operation of a

treaty recognied in the present "onvention may 2e invoCed only *ith respect to the *hole

treaty except as provided in the follo*ing paragraphs or in article 64.

'. (f the ground relates solely to particular clauses8 it may 2e invoCed only *ith respect to those

clauses *here:

DaH the said clauses are separa2le from the remainder of the treaty *ith regard to their 

applicationI

D2H it appears from the treaty or is other*ise esta2lished that acceptance of those clauses

*as not an essential 2asis of the consent of the other party or parties to 2e 2ound 2y the

treaty as a *holeI and

DcH continued performance of the remainder of the treaty *ould not 2e un;ust.

+. (n cases falling under articles +9 and #48 the tate entitled to invoCe the fraud or corruption

may do so *ith respect either to the *hole treaty or8 su2;ect to paragraph '8 to the particular 

clauses alone.

#. (n cases falling under articles #18 #$ and #'8 no separation of the provisions of the treaty is

permitted.

 Article % ;oss of A 'ight to "nvo?e A =round for "nvalidating7 Terinating7 <ithdra$ing

fro or Suspending the 9peration of A Treat 

 A tate may no longer invoCe a ground for invalidating8 terminating8 *ithdra*ing from or 

suspending the operation of a treaty under articles +6 to #4 or articles 64 and 6$ if8 after 

2ecoming a*are of the facts:

DaH it shall have expressly agreed that the treaty is valid or remains in force or continues in

operation8 as the case may 2eI or 

D2H it must 2y reason of its conduct 2e considered as having ac3uiesced in the validity of the

treaty or in its maintenance in force or in operation8 as the case may 2e.

SECTION 2$ INVALI%IT( OF TREATIES

 Article %+ Provisions of "nternal ;a$ 'egarding Copetence to Conclude Treaties

1. A tate may not invoCe the fact that its consent to 2e 2ound 2y a treaty has 2een expressed

in violation of a provision of its internal la* regarding competence to conclude treaties as

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invalidating its consent unless that violation *as manifest and concerned a rule of its internal

la* of fundamental importance.

$. A violation is manifest if it *ould 2e o2;ectively evident to any tate conducting itself in the

matter in accordance *ith normal practice and in good faith.

 Article %, Specific 'estrictions on Authorit to 5press the Consent of A State

(f the authority of a representative to express the consent of a tate to 2e 2ound 2y a particular 

treaty has 2een made su2;ect to a specific restriction8 his omission to o2serve that restriction

may not 2e invoCed as invalidating the consent expressed 2y him unless the restriction *as

notified to the other negotiating tates prior to his expressing such consent.

 Article %. 5rror 

1. A tate may invoCe an error in a treaty as invalidating its consent to 2e 2ound 2y the treaty if 

the error relates to a fact or situation *hich *as assumed 2y that tate to exist at the time *henthe treaty *as concluded and formed an essential 2asis of its consent to 2e 2ound 2y the treaty.

$. !aragraph 1 shall not apply if the tate in 3uestion contri2uted 2y its o*n conduct to the error 

or if the circumstances *ere such as to put that tate on notice of a possi2le error.

'. An error relating only to the *ording of the text of a treaty does not affect its validityI article 9

then applies.

 Article % -raud 

(f a tate has 2een induced to conclude a treaty 2y the fraudulent conduct of another 

negotiating tate8 the tate may invoCe the fraud as invalidating its consent to 2e 2ound 2y the

treaty.

 Article 3 Corruption of A 'epresentative of A State

(f the expression of a tateJs consent to 2e 2ound 2y a treaty has 2een procured through the

corruption of its representative directly or indirectly 2y another negotiating tate8 the tate may

invoCe such corruption as invalidating its consent to 2e 2ound 2y the treaty.

 Article 1 Coercion of A 'epresentative of A State

&he expression of a tateJs consent to 2e 2ound 2y a treaty *hich has 2een procured 2y the

coercion of its representative through acts or threats directed against him shall 2e *ithout any

legal effect.

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 Article 2 Coercion of A State / the Threat or Use of -orce

 A treaty is void if its conclusion has 2een procured 2y the threat or use of force in violation of theprinciples of international la* em2odied in the "harter of the %nited )ations.

 Article ! Treaties Conflicting $ith A Pereptor #or of =eneral "nternational ;a$(“Jus Cogens”)

 A treaty is void if8 at the time of its conclusion8 it conflicts *ith a peremptory norm of general

international la*. 0or the purposes of the present "onvention8 a peremptory norm of general

international la* is a norm accepted and recognied 2y the international community of tates as

a *hole as a norm from *hich no derogation is permitted and *hich can 2e modified only 2y a

su2se3uent norm of general international la* having the same character.

SECTION $ TER!INATION AN% S&S#ENSION OF THE O#ERATION OF TREATIES

 Article % Terination of or <ithdra$al fro A Treat under "ts Provisions or / Consent 

of the Parties

&he termination of a treaty or the *ithdra*al of a party may taCe place:

DaH in conformity *ith the provisions of the treatyI or 

D2H at any time 2y consent of all the parties after consultation *ith the other contracting tates.

 Article 'eduction of the Parties to A 4ultilateral Treat /elo$ the #u/er #ecessar 

for "ts 5ntr into -orce

%nless the treaty other*ise provides8 a multilateral treaty does not terminate 2y reason only of 

the fact that the num2er of the parties falls 2elo* the num2er necessary for its entry into force.

 Article + 8enunciation of or <ithdra$al fro A Treat Containing #o Provision

'egarding Terination7 8enunciation or <ithdra$al 

1. A treaty *hich contains no provision regarding its termination and *hich does not provide for 

denunciation or *ithdra*al is not su2;ect to denunciation or *ithdra*al unless:

DaH it is esta2lished that the parties intended to admit the possi2ility of denunciation or 

*ithdra*alI or 

D2H a right of denunciation or *ithdra*al may 2e implied 2y the nature of the treaty.

$. A party shall give not less than t*elve monthsJ notice of its intention to denounce or *ithdra*

from a treaty under paragraph 1.

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 Article , Suspension of the 9peration of A Treat under "ts Provisions or / Consent of 

the Parties

&he operation of a treaty in regard to all the parties or to a particular party may 2e suspended:

DaH in conformity *ith the provisions of the treatyI or 

D2H at any time 2y consent of all the parties after consultation *ith the other contracting tates.

 Article . Suspension of the 9peration of A 4ultilateral Treat / Agreeent /et$een

Certain of the Parties 9nl 

1. &*o or more parties to a multilateral treaty may conclude an agreement to suspend the

operation of provisions of the treaty8 temporarily and as 2et*een themselves alone8 if:

DaH the possi2ility of such a suspension is provided for 2y the treatyI or 

D2H the suspension in 3uestion is not prohi2ited 2y the treaty and:

DiH does not affect the en;oyment 2y the other parties of their rights under the treaty or 

the performance of their o2ligationsI

DiiH is not incompati2le *ith the o2;ect and purpose of the treaty.

$. %nless in a case falling under paragraph 1 DaH the treaty other*ise provides8 the parties in

3uestion shall notify the other parties of their intention to conclude the agreement and of those

provisions of the treaty the operation of *hich they intend to suspend.

 Article Terination or Suspension of the 9peration of A Treat "plied / Conclusion

of A ;ater Treat 

1. A treaty shall 2e considered as terminated if all the parties to it conclude a later treaty relating

to the same su2;ect matter and:

DaH it appears from the later treaty or is other*ise esta2lished that the parties intended that

the matter should 2e governed 2y that treatyI or 

D2H the provisions of the later treaty are so far incompati2le *ith those of the earlier one that

the t*o treaties are not capa2le of 2eing applied at the same time.

$. &he earlier treaty shall 2e considered as only suspended in operation if it appears from the

later treaty or is other*ise esta2lished that such *as the intention of the parties.

 Article +3 Terination or Suspension of the 9peration of A Treat as A Conse0uence of

"ts 6reach

1. A material 2reach of a 2ilateral treaty 2y one of the parties entitles the other to invoCe the

2reach as a ground for terminating the treaty or suspending its operation in *hole or in part.

$. A material 2reach of a multilateral treaty 2y one of the parties entitles:

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DaH the other parties 2y unanimous agreement to suspend the operation of the treaty in

*hole or in part or to terminate it either:

DiH in the relations 2et*een themselves and the defaulting tateI or 

DiiH as 2et*een all the partiesI

D2H a party specially affected 2y the 2reach to invoCe it as a ground for suspending theoperation of the treaty in *hole or in part in the relations 2et*een itself and the defaulting

tateI

DcH any party other than the defaulting tate to invoCe the 2reach as a ground for 

suspending the operation of the treaty in *hole or in part *ith respect to itself if the treaty is

of such a character that a material 2reach of its provisions 2y one party radically changes

the position of every party *ith respect to the further performance of its o2ligations under the

treaty.

'. A material 2reach of a treaty8 for the purposes of this article8 consists in:

DaH a repudiation of the treaty not sanctioned 2y the present "onventionI or 

D2H the violation of a provision essential to the accomplishment of the o2;ect or purpose of 

the treaty.

+. &he foregoing paragraphs are *ithout pre;udice to any provision in the treaty applica2le in the

event of a 2reach.

#. !aragraphs 1 to ' do not apply to provisions relating to the protection of the human person

contained in treaties of a humanitarian character8 in particular to provisions prohi2iting any form

of reprisals against persons protected 2y such treaties.

 Article +1 Supervening "possi/ilit of Perforance

1. A party may invoCe the impossi2ility of performing a treaty as a ground for terminating or 

*ithdra*ing from it if the impossi2ility results from the permanent disappearance or destruction

of an o2;ect indispensa2le for the execution of the treaty. (f the impossi2ility is temporary8 it may

2e invoCed only as a ground for suspending the operation of the treaty.

$. (mpossi2ility of performance may not 2e invoCed 2y a party as a ground for terminating8

*ithdra*ing from or suspending the operation of a treaty if the impossi2ility is the result of a

2reach 2y that party either of an o2ligation under the treaty or of any other international

o2ligation o*ed to any other party to the treaty.

 Article +2 -undaental Change of Circustances

1. A fundamental change of circumstances *hich has occurred *ith regard to those existing at

the time of the conclusion of a treaty8 and *hich *as not foreseen 2y the parties8 may not 2e

invoCed as a ground for terminating or *ithdra*ing from the treaty unless:

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DaH the existence of those circumstances constituted an essential 2asis of the consent of the

parties to 2e 2ound 2y the treatyI and

D2H the effect of the change is radically to transform the extent of o2ligations still to 2e

performed under the treaty.

$. A fundamental change of circumstances may not 2e invoCed as a ground for terminating or *ithdra*ing from a treaty:

DaH if the treaty esta2lishes a 2oundaryI or 

D2H if the fundamental change is the result of a 2reach 2y the party invoCing it either of an

o2ligation under the treaty or of any other international o2ligation o*ed to any other party to

the treaty.

'. (f8 under the foregoing paragraphs8 a party may invoCe a fundamental change of 

circumstances as a ground for terminating or *ithdra*ing from a treaty it may also invoCe the

change as a ground for suspending the operation of the treaty.

 Article +! Severance of 8iploatic or Consular 'elations

&he severance of diplomatic or consular relations 2et*een parties to a treaty does not affect the

legal relations esta2lished 2et*een them 2y the treaty except insofar as the existence of 

diplomatic or consular relations are indispensa2le for the application of the treaty.

 Article +% 5ergence of A #e$ Pereptor #or of =eneral "nternational ;a$ (“Jus

Cogens”)

(f a ne* peremptory norm of general international la* emerges8 any existing treaty *hich is in

conflict *ith that norm 2ecomes void and terminates.

SECTION $ #ROCE%&RE

 Article + Procedure to /e -ollo$ed $ith 'espect to "nvalidit7 Terination7 <ithdra$al

fro or Suspension of the 9peration of A Treat 

1. A party *hich8 under the provisions of the present "onvention8 invoCes either a defect in its

consent to 2e 2ound 2y a treaty or a ground for impeaching the validity of a treaty8 terminating it8

*ithdra*ing from it or suspending its operation8 must notify the other parties of its claim. &he

notification shall indicate the measure proposed to 2e taCen *ith respect to the treaty and the

reasons therefor.

$. (f8 after the expiry of a period *hich8 except in cases of special urgency8 shall not 2e less than

three months after the receipt of the notification8 no party has raised any o2;ection8 the party

maCing the notification may carry out in the manner provided in article 6 the measure *hich it

has proposed.

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'. (f8 ho*ever8 o2;ection has 2een raised 2y any other party8 the parties shall seeC a solution

through the means indicated in Article '' of the "harter of the %nited )ations.

+. )othing in the foregoing paragraphs shall affect the rights or o2ligations of the parties under 

any provisions in force 2inding the parties *ith regard to the settlement of disputes.

#. ?ithout pre;udice to article +#8 the fact that a tate has not previously made the notificationprescri2ed in paragraph 1 shall not prevent it from maCing such notification in ans*er to another 

party claiming performance of the treaty or alleging its violation.

 Article ++ Procedures for Judicial Settleent7 Ar/itration and Conciliation

(f8 under paragraph ' of article 6#8 no solution has 2een reached *ithin a period of 1$ months

follo*ing the date on *hich the o2;ection *as raised8 the follo*ing procedures shall 2e follo*ed:

DaH any one of the parties to a dispute concerning the application or the interpretation of article

#' or 6+ may8 2y a *ritten application8 su2mit it to the (nternational "ourt of Fustice for a

decision unless the parties 2y common consent agree to su2mit the dispute to ar2itrationID2H any one of the parties to a dispute concerning the application or the interpretation of any of 

the other articles in part @ of the present "onvention may set in motion the procedure specified

in the Annex to the "onvention 2y su2mitting a re3uest to that effect to the ecretary,Beneral of 

the %nited )ations.

 Article +, "nstruents for 8eclaring "nvalid7 Terinating7 <ithdra$ing fro or

Suspending the 9peration of A Treat 

1. &he notification provided for under article 6#8 paragraph 18 must 2e made in *riting.

$. Any act of declaring invalid8 terminating8 *ithdra*ing from or suspending the operation of a

treaty pursuant to the provisions of the treaty or of paragraphs $ or ' of article 6# shall 2e

carried out through an instrument communicated to the other parties. (f the instrument is not

signed 2y the ead of tate8 ead of Bovernment or 5inister for 0oreign Affairs8 the

representative of the tate communicating it may 2e called upon to produce full po*ers.

 Article +. 'evocation of #otifications and "nstruents Provided for in Articles + and +, 

 A notification or instrument provided for in article 6# or 6 may 2e revoCed at any time 2efore it

taCes effect.

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SECTION '$ CONSE:&ENCES OF THE INVALI%IT(, TER!INATION OR

S&S#ENSION OF THE O#ERATION OF A TREAT(

 Article + Conse0uences of the "nvalidit of A Treat 

1. A treaty the invalidity of *hich is esta2lished under the present "onvention is void. &he

provisions of a void treaty have no legal force.

$. (f acts have nevertheless 2een performed in reliance on such a treaty:

DaH each party may re3uire any other party to esta2lish as far as possi2le in their mutual

relations the position that *ould have existed if the acts had not 2een performedI

D2H acts performed in good faith 2efore the invalidity *as invoCed are not rendered unla*ful

2y reason only of the invalidity of the treaty.

'. (n cases falling under article +98 #48 #1 or #$8 paragraph $ does not apply *ith respect to the

party to *hich the fraud8 the act of corruption or the coercion is imputa2le.

+. (n the case of the invalidity of a particular tateJs consent to 2e 2ound 2y a multilateral treaty8

the foregoing rules apply in the relations 2et*een that tate and the parties to the treaty.

 Article ,3 Conse0uences of the Terination of A Treat 

1. %nless the treaty other*ise provides or the parties other*ise agree8 the termination of a

treaty under its provisions or in accordance *ith the present "onvention:

DaH releases the parties from any o2ligation further to perform the treatyI

D2H does not affect any right8 o2ligation or legal situation of the parties created through the

execution of the treaty prior to its termination.

$. (f a tate denounces or *ithdra*s from a multilateral treaty8 paragraph 1 applies in the

relations 2et*een that tate and each of the other parties to the treaty from the date *hen such

denunciation or *ithdra*al taCes effect.

 Article ,1 Conse0uences of the "nvalidit of A Treat $hich Conflicts $ith A Pereptor

#or of =eneral "nternational ;a$ 

1. (n the case of a treaty *hich is void under article #' the parties shall:

DaH eliminate as far as possi2le the conse3uences of any act performed in reliance on anyprovision *hich conflicts *ith the peremptory norm of general international la*I and

D2H 2ring their mutual relations into conformity *ith the peremptory norm of general

international la*.

$. (n the case of a treaty *hich 2ecomes void and terminates under article 6+8 the termination of 

the treaty:

DaH releases the parties from any o2ligation further to perform the treatyI

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D2H does not affect any right8 o2ligation or legal situation of the parties created through the

execution of the treaty prior to its termination8 provided that those rights8 o2ligations or 

situations may thereafter 2e maintained only to the extent that their maintenance is not in

itself in conflict *ith the ne* peremptory norm of general international la*.

 Article ,2 Conse0uences of the Suspension of the 9peration of A Treat 

1. %nless the treaty other*ise provides or the parties other*ise agree8 the suspension of the

operation of a treaty under its provisions or in accordance *ith the present "onvention:

DaH releases the parties 2et*een *hich the operation of the treaty is suspended from the

o2ligation to perform the treaty in their mutual relations during the period of the suspensionI

D2H does not other*ise affect the legal relations 2et*een the parties esta2lished 2y the

treaty.

$. uring the period of the suspension the parties shall refrain from acts tending to o2struct the

resumption of the operation of the treaty.

#ART VI$ !ISCELLANEO&S #ROVISIONS

 Article ,! Cases of State Succession7 State 'esponsi/ilit and 9ut/rea? of @ostilities

&he provisions of the present "onvention shall not pre;udge any 3uestion that may arise in

regard to a treaty from a succession of tates or from the international responsi2ility of a tate

or from the out2reaC of hostilities 2et*een tates.

 Article ,% 8iploatic and Consular 'elations and the Conclusion of Treaties

&he severance or a2sence of diplomatic or consular relations 2et*een t*o or more tates does

not prevent the conclusion of treaties 2et*een those tates. &he conclusion of a treaty does not

in itself affect the situation in regard to diplomatic or consular relations.

 Article , Case of An Aggressor State

&he provisions of the present "onvention are *ithout pre;udice to any o2ligation in relation to a

treaty *hich may arise for an aggressor tate in conse3uence of measures taCen in conformity

*ith the "harter of the %nited )ations *ith reference to that tateJs aggression.

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#ART VII$ %E#OSITARIES, NOTIFICATIONS, CORRECTIONS AN%

RE3ISTRATION

 Article ,+ 8epositaries of Treaties

1. &he designation of the depositary of a treaty may 2e made 2y the negotiating tates8 either in

the treaty itself or in some other manner. &he depositary may 2e one or more tates8 an

international organiation or the chief administrative officer of the organiation.

$. &he functions of the depositary of a treaty are international in character and the depositary is

under an o2ligation to act impartially in their performance. (n particular8 the fact that a treaty has

not entered into force 2et*een certain of the parties or that a difference has appeared 2et*een

a tate and a depositary *ith regard to the performance of the latterJs functions shall not affect

that o2ligation.

 Article ,, -unctions of 8epositaries

1. &he functions of a depositary8 unless other*ise provided in the treaty or agreed 2y the

contracting tates8 comprise in particular:

DaH Ceeping custody of the original text of the treaty and of any full po*ers delivered to the

depositaryI

D2H preparing certified copies of the original text and preparing any further text of the treaty in

such additional languages as may 2e re3uired 2y the treaty and transmitting them to the

parties and to the tates entitled to 2ecome parties to the treatyI

DcH receiving any signatures to the treaty and receiving and Ceeping custody of any

instruments8 notifications and communications relating to itI

DdH examining *hether the signature or any instrument8 notification or communication

relating to the treaty is in due and proper form and8 if need 2e8 2ringing the matter to the

attention of the tate in 3uestionI

DeH informing the parties and the tates entitled to 2ecome parties to the treaty of acts8

notifications and communications relating to the treatyI

DfH informing the tates entitled to 2ecome parties to the treaty *hen the num2er of 

signatures or of instruments of ratification8 acceptance8 approval or accession re3uired for 

the entry into force of the treaty has 2een received or depositedI

DgH registering the treaty *ith the ecretariat of the %nited )ationsI

DhH performing the functions specified in other provisions of the present "onvention.

$. (n the event of any difference appearing 2et*een a tate and the depositary as to the

performance of the latterJs functions8 the depositary shall 2ring the 3uestion to the attention of 

the signatory tates and the contracting tates or8 *here appropriate8 of the competent organ of 

the international organiation concerned.

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 Article ,. #otifications and Counications

xcept as the treaty or the present "onvention other*ise provide8 any notification or 

communication to 2e made 2y any tate under the present "onvention shall:

DaH if there is no depositary8 2e transmitted direct to the tates for *hich it is intended8 or if there

is a depositary8 to the latterI

D2H 2e considered as having 2een made 2y the tate in 3uestion only upon its receipt 2y the

tate to *hich it *as transmitted or8 as the case may 2e8 upon its receipt 2y the depositaryI

DcH if transmitted to a depositary8 2e considered as received 2y the tate for *hich it *as

intended only *hen the latter tate has 2een informed 2y the depositary in accordance *ith

article 8 paragraph 1 DeH.

 Article , Correction of 5rrors in Tets or "n Certified Copies of Treaties

1. ?here8 after the authentication of the text of a treaty8 the signatory tates and the contractingtates are agreed that it contains an error8 the error shall8 unless they decide upon some other 

means of correction8 2e corrected:

DaH 2y having the appropriate correction made in the text and causing the correction to 2e

initialled 2y duly authoried representativesI

D2H 2y executing or exchanging an instrument or instruments setting out the correction *hich

it has 2een agreed to maCeI or 

DcH 2y executing a corrected text of the *hole treaty 2y the same procedure as in the case of 

the original text.

$. ?here the treaty is one for *hich there is a depositary8 the latter shall notify the signatorytates and the contracting tates of the error and of the proposal to correct it and shall specify

an appropriate time,limit *ithin *hich o2;ection to the proposed correction may 2e raised. (f8 on

the expiry of the time,limit:

DaH no o2;ection has 2een raised8 the depositary shall maCe and initial the correction in the

text and shall execute a procKs,ver2al of the rectification of the text and communicate a

copy of it to the parties and to the tates entitled to 2ecome parties to the treatyI

D2H an o2;ection has 2een raised8 the depositary shall communicate the o2;ection to the

signatory tates and to the contracting tates.

'. &he rules in paragraphs 1 and $ apply also *here the text has 2een authenticated in t*o or 

more languages and it appears that there is a lacC of concordance *hich the signatory tates

and the contracting tates agree should 2e corrected.

+. &he corrected text replaces the defective text a/ initio8 unless the signatory tates and the

contracting tates other*ise decide.

#. &he correction of the text of a treaty that has 2een registered shall 2e notified to the

ecretariat of the %nited )ations.

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6. ?here an error is discovered in a certified copy of a treaty8 the depositary shall execute a

procKs,ver2al specifying the rectification and communicate a copy of it to the signatory tates

and to the contracting tates.

 Article .3 'egistration and Pu/lication of Treaties

1. &reaties shall8 after their entry into force8 2e transmitted to the ecretariat of the %nited

)ations for registration or filing and recording8 as the case may 2e8 and for pu2lication.

$. &he designation of a depositary shall constitute authoriation for it to perform the acts

specified in the preceding paragraph.

#ART VIII$ FINAL #ROVISIONS

 Article .1 Signature

&he present "onvention shall 2e open for signature 2y all tates 5em2ers of the %nited )ations

or of any of the specialied agencies or of the (nternational Atomic nergy Agency or parties to

the tatute of the (nternational "ourt of Fustice8 and 2y any other tate invited 2y the Beneral

 Assem2ly of the %nited )ations to 2ecome a party to the "onvention8 as follo*s: until '4

)ovem2er 19698 at the 0ederal 5inistry for 0oreign Affairs of the -epu2lic of Austria8 and

su2se3uently8 until '4 April 1948 at %nited )ations ead3uarters8 )e* LorC.

 Article .2 'atification

&he present "onvention is su2;ect to ratification. &he instruments of ratification shall 2e

deposited *ith the ecretary,Beneral of the %nited )ations.

 Article .! Accession

&he present "onvention shall remain open for accession 2y any tate 2elonging to any of the

categories mentioned in article 1. &he instruments of accession shall 2e deposited *ith the

ecretary, Beneral of the %nited )ations.

 Article .% 5ntr into -orce

1. &he present "onvention shall enter into force on the thirtieth day follo*ing the date of depositof the thirty,fifth instrument of ratification or accession.

$. 0or each tate ratifying or acceding to the "onvention after the deposit of the thirty,fifth

instrument of ratification or accession8 the "onvention shall enter into force on the thirtieth day

after deposit 2y such tate of its instrument of ratification or accession.

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 Article . Authentic Tets

&he original of the present "onvention8 of *hich the "hinese8 nglish8 0rench8 -ussian and

panish texts are e3ually authentic8 shall 2e deposited *ith the ecretary,Beneral of the %nited

)ations.

IN WITNESS WHEREOF the undersigned !lenipotentiaries8 2eing duly authoried thereto 2y

their respective Bovernments8 have signed the present "onvention.

%ONE at @ienna this t*enty,third day of 5ay8 one thousand nine hundred and sixty,nine.

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ANNE7

1. A list of conciliators consisting of 3ualified ;urists shall 2e dra*n up and maintained 2y the

ecretary,Beneral of the %nited )ations. to this end8 every tate *hich is a 5em2er of the

%nited )ations or a party to the present "onvention shall 2e invited to nominate t*o

conciliators8 and the names of the persons so nominated shall constitute the list. &he term of a

conciliator8 including that of any conciliator nominated to fill a casual vacancy8 shall 2e five years

and may 2e rene*ed. A conciliator *hose term expires shall continue to fulfill any function for 

*hich he shall have 2een chosen under the follo*ing paragraph.

$. ?hen a re3uest has 2een made to the ecretary,Beneral under article 668 the ecretary,

Beneral shall 2ring the dispute 2efore a conciliation commission constituted as follo*s:

&he tate or tates constituting one of the parties to the dispute shall appoint:

DaH one conciliator of the nationality of that tate or of one of those tates8 *ho may or may

not 2e chosen from the list referred to in paragraph 1I and

D2H one conciliator not of the nationality of that tate or of any of those tates8 *ho shall 2e

chosen from the list.

&he tate or tates constituting the other party to the dispute shall appoint t*o conciliators in

the same *ay. &he four conciliators chosen 2y the parties shall 2e appointed *ithin sixty days

follo*ing the date on *hich the ecretary,Beneral receives the re3uest.

&he four conciliators shall8 *ithin sixty days follo*ing the date of the last of their o*n

appointments8 appoint a fifth conciliator chosen from the list8 *ho shall 2e chairman.

(f the appointment of the chairman or of any of the other conciliators has not 2een made *ithin

the period prescri2ed a2ove for such appointment8 it shall 2e made 2y the ecretary,Beneral*ithin sixty days follo*ing the expiry of that period. &he appointment of the chairman may 2e

made 2y the ecretary,Beneral either from the list or from the mem2ership of the (nternational

<a* "ommission.

 Any of the periods *ithin *hich appointments must 2e made may 2e extended 2y agreement

2et*een the parties to the dispute.

 Any vacancy shall 2e filled in the manner prescri2ed for the initial appointment.

'. &he "onciliation "ommission shall decide its o*n procedure. &he "ommission8 *ith the

consent of the parties to the dispute8 may invite any party to the treaty to su2mit to it its vie*s

orally or in *riting. ecisions and recommendations of the "ommission shall 2e made 2y ama;ority vote of the five mem2ers.

+. &he "ommission may dra* the attention of the parties to the dispute to any measures *hich

might facilitate an amica2le settlement.

#. &he "ommission shall hear the parties8 examine the claims and o2;ections8 and maCe

proposals to the parties *ith a vie* to reaching an amica2le settlement of the dispute.

%)00("(A< &=& > ")&- 0- ()&-)A&()A< <A?>  ***.cil.nus.edu.sg !age '1 of '$

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6. &he "ommission shall report *ithin t*elve months of its constitution. (ts report shall 2e

deposited *ith the ecretary,Beneral and transmitted to the parties to the dispute. &he report of 

the "ommission8 including any conclusions stated therein regarding the facts or 3uestions of 

la*8 shall not 2e 2inding upon the parties and it shall have no other character than that of 

recommendations su2mitted for the consideration of the parties in order to facilitate an amica2le

settlement of the dispute.

. &he ecretary,Beneral shall provide the "ommission *ith such assistance and facilities as it

may re3uire. &he expenses of the "ommission shall 2e 2orne 2y the %nited )ations.