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$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$' Article 1 cope of the !resent "onvention....................................................................... # Article $ %se of &erms...................................................................................................... # Article ' (nternational Agreements )ot *ithin the cope of the !resent "onvention........6 Article + )on,-etroactivity of the !resent "onvention......................................................6 Article # &reaties "onstituting (nternational organiations and &reaties Adopted *ithin An (nternational organiation................................................................................................. #ART II$ CONCL&SION AN% ENTR( INTO FORCE OF TREATIES$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$) Se*tion 1$ Con*+usion o Treaties$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$) Article 6 "apacity of tates to "onclude &reaties............................................................. Article 0ull !o*ers........................................................................................................ Article u2se3uent "onfirmation of An Act !erformed *ithout Authoriation................. Article 9 Adoption of the &ext............................................................................................ Article 14 Authentication of the &ext................................................................................. Article 11 5eans of xpressing "onsent to 2e 7ound 2y A &reaty................................... Article 1$ "onsent to 2e 7ound 2y A &reaty xpressed 2y ignature.............................. Article 1' "onsent to 2e 7ound 2y A &reaty xpressed 2y An xchange of (nstruments "onstituting A &reaty........................................................................................................ 9 Article 1+ "onsent to 2e 7ound 2y A &reaty xpressed 2y -atification8 Acceptance or Approval ........................................................................................................................... 9 Article 1# "onsent to 2e 7ound 2y A &reaty xpressed 2y Accession..............................9 Article 16 xchange or eposit of (nstruments of -atification8 Acceptance8 Approval or Accession ......................................................................................................................... 9 Article 1 "onsent to 2e 7ound 2y !art of A &reaty and "hoice of iffering !rovisions.14 Article 1 2ligation )ot to efeat the 2;ect and !urpose of A &reaty !rior to (ts ntry into 0orce....................................................................................................................... 14 Se*tion 2$ Reser-ations$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$1. Article 19 0ormulation of -eservations........................................................................... 14 Article $4 Acceptance of and 2;ection to -eservations................................................ 14 Article $1 <egal lects of -eservations and of 2;ections to -eservations....................11 %)00("(A< &=& > ")&- 0- ()&-)A&()A< <A?> ***.cil.nus.edu.sg
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8/10/2019 1969 Vienna Convention on the Law of Treaties-doc
#ART IV$ A!EN%!ENT AN% !O%IFICATION OF TREATIES$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$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
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
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
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
'. ?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:
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:
'. ?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
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
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*
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.
$. (mpossi2ility of performance may not 2e invoCed 2y a party as a ground for terminating8
*ithdra*ing from or suspending the operation of a treaty if the impossi2ility is the result of a
2reach 2y that party either of an o2ligation under the treaty or of any other international
o2ligation o*ed to any other party to the treaty.
Article +2 -undaental Change of Circustances
1. A fundamental change of circumstances *hich has occurred *ith regard to those existing at
the time of the conclusion of a treaty8 and *hich *as not foreseen 2y the parties8 may not 2e
invoCed as a ground for terminating or *ithdra*ing from the treaty unless:
'. (f8 ho*ever8 o2;ection has 2een raised 2y any other party8 the parties shall seeC a solution
through the means indicated in Article '' of the "harter of the %nited )ations.
+. )othing in the foregoing paragraphs shall affect the rights or o2ligations of the parties under
any provisions in force 2inding the parties *ith regard to the settlement of disputes.
#. ?ithout pre;udice to article +#8 the fact that a tate has not previously made the notificationprescri2ed in paragraph 1 shall not prevent it from maCing such notification in ans*er to another
party claiming performance of the treaty or alleging its violation.
Article ++ Procedures for Judicial Settleent7 Ar/itration and Conciliation
(f8 under paragraph ' of article 6#8 no solution has 2een reached *ithin a period of 1$ 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
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
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
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.
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.