Vienna Convention on the Law of Treaties

5/20/2018 Vienna Convention on the Law of Treaties

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Vienna Convention on the Law of Treaties1969Done at Vienna on 23 May 1969. Entered into force on 27 Janary 19!".#nited $ations% Treaty Series% vo&. 11''% (. 331Co(yri)ht * #nited $ations2""'

2Vienna Convention on the Law of TreatiesDone at Vienna on 23 May 1969The States Parties to the present Convention%Considering the fnda+enta& ro&e of treaties in the history of internationa& re&ations%Recognizing the ever,increasin) i+(ortance of treaties as a sorce of internationa& &awand as a+eans of deve&o(in) (eacef& coo(eration a+on) nations% whatever their constittiona&and socia&syste+s%Noting that the (rinci(&es of free consent and of )ood faith and thepacta sunt servandar&e areniversa&&y reco)ni-ed%Afrming that dis(tes concernin) treaties% &ie other internationa& dis(tes% sho&d /e

sett&ed /y(eacef& +eans and in confor+ity with the (rinci(&es of 0stice and internationa& &aw%Recalling the deter+ination of the (eo(&es of the #nited $ations to esta/&ish conditionsnderwhich 0stice and res(ect for the o/&i)ations arisin) fro+ treaties can /e +aintained%Having in mind the (rinci(&es of internationa& &aw e+/odied in the Charter of the #nited$ations%sch as the (rinci(&es of the ea& ri)hts and se&f,deter+ination of (eo(&es% of thesoverei)n ea&ity andinde(endence of a&& tates% of non,interference in the do+estic aairs of tates% of the(rohi/ition of thethreat or se of force and of niversa& res(ect for% and o/servance of% h+an ri)hts andfnda+enta&freedo+s for a&&%

Believing that the codi4cation and (ro)ressive deve&o(+ent of the &aw of treatiesachieved in the(resent Convention wi&& (ro+ote the (r(oses of the #nited $ations set forth in theCharter% na+e&y% the+aintenance of internationa& (eace and secrity% the deve&o(+ent of friend&y re&ationsand theachieve+ent of coo(eration a+on) nations%Afrming that the r&es of csto+ary internationa& &aw wi&& contine to )overn estionsnotre)&ated /y the (rovisions of the (resent Convention%Have agreed as fo&&ows58T .$T8:D#CT:$Article 1

Scope o the present ConventionThe (resent Convention a((&ies to treaties /etween tates.3Article !"se o terms1.;or the (r(oses of the (resent Convention5treaty? +eans an internationa& a)ree+ent conc&ded /etween tates in written for+and )overned/y internationa& &aw% whether e+/odied in a sin)&e instr+ent or in two or +ore re&atedinstr+ents and


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whatever its (artic&ar desi)nation@rati4cation?% >acce(tance?% >a((rova&? and >accession? +ean in each case theinternationa& actso na+ed where/y a tate esta/&ishes on the internationa& (&ane its consent to /e /ond/y a treaty@f&& (owers? +eans a doc+ent e+anatin) fro+ the co+(etent athority of a tatedesi)natin) a

(erson or (ersons to re(resent the tate for ne)otiatin)% ado(tin) or athenticatin) theteAt of a treaty%for eA(ressin) the consent of the tate to /e /ond /y a treaty% or for acco+(&ishin) anyother act withres(ect to a treaty@reservation? +eans a ni&atera& state+ent% however (hrased or na+ed% +ade /y atate% whensi)nin)% ratifyin)% acce(tin)% a((rovin) or accedin) to a treaty% where/y it (r(orts toeAc&de or to+odify the &e)a& eect of certain (rovisions of the treaty in their a((&ication to that tate@ne)otiatin) tate? +eans a tate which too (art in the drawin) ( and ado(tion ofthe teAt ofthe treaty@contractin) tate? +eans a tate which has consented to /e /ond /y the treaty%whether or notthe treaty has entered into force@(arty? +eans a tate which has consented to /e /ond /y the treaty and for whichthe treaty is inforce@third tate? +eans a tate not a (arty to the treaty@internationa& or)ani-ation? +eans an inter)overn+enta& or)ani-ation.2.The (rovisions of (ara)ra(h 1 re)ardin) the se of ter+s in the (resent Convention arewithot(re0dice to the se of those ter+s or to the +eanin)s which +ay /e )iven to the+ in theinterna& &aw ofany tate.Article $

%nternational agreements not &ithin the scopeo the present ConventionThe fact that the (resent Convention does not a((&y to internationa& a)ree+entsconc&ded/etween tates and other s/0ects of internationa& &aw or /etween sch other s/0ects ofinternationa&&aw% or to internationa& a)ree+ents not in written for+% sha&& not aect5B


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Article )Treaties constituting international organizations and treatiesadopted &ithin an international organizationThe (resent Convention a((&ies to any treaty which is the constitent instr+ent of aninternationa& or)ani-ation and to any treaty ado(ted within an internationa& or)ani-ationwithot(re0dice to any re&evant r&es of the or)ani-ation.

8T .C:$CL#:$ $D E$T8 $T: ;:8CE :;T8ETEECT:$ 1. C:$CL#:$ :; T8ETEArticle *Capacity o States to conclude treatiesEvery tate (ossesses ca(acity to conc&de treaties.Article +,ull po&ers1. (erson is considered as re(resentin) a tate for the (r(ose of ado(tin) orathenticatin) theteAt of a treaty or for the (r(ose of eA(ressin) the consent of the tate to /e /ond /y atreaty if5


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Authentication o the tetThe teAt of a treaty is esta/&ished as athentic and de4nitive5


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its re(resentative or was eA(ressed drin) the ne)otiation.2.The consent of a tate to /e /ond /y a treaty is eA(ressed /y acce(tance or a((rova&nderconditions si+i&ar to those which a((&y to rati4cation.Article 1)Consent to #e #ound #y a treaty epressed #y accessionThe consent of a tate to /e /ond /y a treaty is eA(ressed /y accession when5


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o/0ect and (r(ose of the treaty.Article !2Acceptance o and o#8ection to reservations1. reservation eA(ress&y athori-ed /y a treaty does not reire any s/seentacce(tance /ythe other contractin) tates n&ess the treaty so (rovides.2.hen it a((ears fro+ the &i+ited n+/er of the ne)otiatin) tates and the o/0ect and

(r(oseof a treaty that the a((&ication of the treaty in its entirety /etween a&& the (arties is anessentia& conditionof the consent of each one to /e /ond /y the treaty% a reservation reires acce(tance/y a&& the (arties.3.hen a treaty is a constitent instr+ent of an internationa& or)ani-ation and n&ess itotherwise (rovides% a reservation reires the acce(tance of the co+(etent or)an of thator)ani-ation.B. n cases not fa&&in) nder the (recedin) (ara)ra(hs and n&ess the treaty otherwise(rovides59


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1.#n&ess the treaty otherwise (rovides% a reservation +ay /e withdrawn at any ti+e andtheconsent of a tate which has acce(ted the reservation is not reired for its withdrawa&.2.#n&ess the treaty otherwise (rovides% an o/0ection to a reservation +ay /e withdrawn atanyti+e.3.#n&ess the treaty otherwise (rovides% or it is otherwise a)reed5

1"


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1. treaty or a (art of a treaty is a((&ied (rovisiona&&y (endin) its entry into force if5


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which /oth tates are (arties )overns their +ta& ri)hts and o/&i)ations.'.ara)ra(h B is withot (re0dice to artic&e B1% or to any estion of the ter+ination orss(ension of the o(eration of a treaty nder artic&e 6" or to any estion ofres(onsi/i&ity which +ayarise for a tate fro+ the conc&sion or a((&ication of a treaty the (rovisions of which areinco+(ati/&ewith its o/&i)ations towards another tate nder another treaty.ECT:$ 3. $TE88ETT:$ :; T8ETEArticle $1=eneral rule o interpretation1. treaty sha&& /e inter(reted in )ood faith in accordance with the ordinary +eanin) to/e )ivento the ter+s of the treaty in their conteAt and in the &i)ht of its o/0ect and (r(ose.2.The conteAt for the (r(ose of the inter(retation of a treaty sha&& co+(rise% in additionto theteAt% inc&din) its (rea+/&e and anneAes5


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re+ove% the +eanin) which /est reconci&es the teAts% havin) re)ard to the o/0ect and(r(ose of thetreaty% sha&& /e ado(ted.ECT:$ B.T8ETE $D T8D TTEArticle $'=eneral rule regarding third States treaty does not create either o/&i)ations or ri)hts for a third tate withot its consent.

1BArticle $)Treaties providing or o#ligations or third Statesn o/&i)ation arises for a third tate fro+ a (rovision of a treaty if the (arties to the treatyintendthe (rovision to /e the +eans of esta/&ishin) the o/&i)ation and the third tate eA(ress&yacce(ts thato/&i)ation in writin).Article $*Treaties providing or rights or third States1. ri)ht arises for a third tate fro+ a (rovision of a treaty if the (arties to the treatyintend the(rovision to accord that ri)ht either to the third tate% or to a )ro( of tates to which it/e&on)s% or toa&& tates% and the third tate assents thereto. ts assent sha&& /e (res+ed so &on) as thecontrary is notindicated% n&ess the treaty otherwise (rovides.2. tate eAercisin) a ri)ht in accordance with (ara)ra(h 1 sha&& co+(&y with theconditions forits eAercise (rovided for in the treaty or esta/&ished in confor+ity with the treaty.Article $+Revocation or modi/cation o o#ligations orrights o third States1.hen an o/&i)ation has arisen for a third tate in confor+ity with artic&e 3'% theo/&i)ation +ay/e revoed or +odi4ed on&y with the consent of the (arties to the treaty and of the thirdtate% n&ess it

is esta/&ished that they had otherwise a)reed.2.hen a ri)ht has arisen for a third tate in confor+ity with artic&e 36% the ri)ht +ay not/erevoed or +odi4ed /y the (arties if it is esta/&ished that the ri)ht was intended not to /erevoca/&e ors/0ect to +odi4cation withot the consent of the third tate.Article $-Rules in a treaty #ecoming #inding on third Statesthrough international custom$othin) in artic&es 3B to 37 (rec&des a r&e set forth in a treaty fro+ /eco+in) /indin)(on athird tate as a csto+ary r&e of internationa& &aw% reco)ni-ed as sch.8T V.ME$DME$T $D

M:D;CT:$ :;T8ETEArticle $0=eneral rule regarding the amendment o treaties treaty +ay /e a+ended /y a)ree+ent /etween the (arties. The r&es &aid down in art a((&yto sch an a)ree+ent eAce(t insofar as the treaty +ay otherwise (rovide.1'Article '2Amendment o multilateral treaties


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1.#n&ess the treaty otherwise (rovides% the a+end+ent of +&ti&atera& treaties sha&& /e)overned/y the fo&&owin) (ara)ra(hs.2.ny (ro(osa& to a+end a +&ti&atera& treaty as /etween a&& the (arties +st /e noti4edto a&& thecontractin) tates% each one of which sha&& have the ri)ht to tae (art in5


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The inva&idity% ter+ination or dennciation of a treaty% the withdrawa& of a (arty fro+ it% orthess(ension of its o(eration% as a res&t of the a((&ication of the (resent Convention or ofthe (rovisionsof the treaty% sha&& not in any way i+(air the dty of any tate to f&4& any o/&i)atione+/odied in thetreaty to which it wo&d /e s/0ect nder internationa& &aw inde(endent&y of the treaty.Article ''Separa#ility o treaty provisions1. ri)ht of a (arty% (rovided for in a treaty or arisin) nder artic&e '6% to denonce%withdrawfro+ or ss(end the o(eration of the treaty +ay /e eAercised on&y with res(ect to thewho&e treaty n&essthe treaty otherwise (rovides or the (arties otherwise a)ree.2. )rond for inva&idatin)% ter+inatin)% withdrawin) fro+ or ss(endin) the o(eration ofatreaty reco)ni-ed in the (resent Convention +ay /e invoed on&y with res(ect to thewho&e treaty eAce(tas (rovided in the fo&&owin) (ara)ra(hs or in artic&e 6".3. f the )rond re&ates so&e&y to (artic&ar c&ases% it +ay /e invoed on&y with res(ect tothosec&ases where5


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consent n&ess that vio&ation was +anifest and concerned a r&e of its interna& &aw offnda+enta&i+(ortance.2. vio&ation is +anifest if it wo&d /e o/0ective&y evident to any tate condctin) itse&f inthe+atter in accordance with nor+a& (ractice and in )ood faith.Article '+

Speci/c restrictions on authority to epressthe consent o a Statef the athority of a re(resentative to eA(ress the consent of a tate to /e /ond /y a(artic&artreaty has /een +ade s/0ect to a s(eci4c restriction% his o+ission to o/serve thatrestriction +ay not /einvoed as inva&idatin) the consent eA(ressed /y hi+ n&ess the restriction was noti4edto the otherne)otiatin) tates (rior to his eA(ressin) sch consent.Article '-5rror1. tate +ay invoe an error in a treaty as inva&idatin) its consent to /e /ond /y thetreaty ifthe error re&ates to a fact or sitation which was ass+ed /y that tate to eAist at theti+e when thetreaty was conc&ded and for+ed an essentia& /asis of its consent to /e /ond /y thetreaty.1!2.ara)ra(h 1 sha&& not a((&y if the tate in estion contri/ted /y its own condct tothe erroror if the circ+stances were sch as to (t that tate on notice of a (ossi/&e error.3.n error re&atin) on&y to the wordin) of the teAt of a treaty does not aect its va&idity@artic&e 79then a((&ies.Article '0,raudf a tate has /een indced to conc&de a treaty /y the frad&ent condct of another

ne)otiatin)tate% the tate +ay invoe the frad as inva&idatin) its consent to /e /ond /y thetreaty.Article )2Corruption o a representative o a Statef the eA(ression of a tateGs consent to /e /ond /y a treaty has /een (rocred thro)hthecorr(tion of its re(resentative direct&y or indirect&y /y another ne)otiatin) tate% thetate +ay invoesch corr(tion as inva&idatin) its consent to /e /ond /y the treaty.Article )1Coercion o a representative o a StateThe eA(ression of a tateGs consent to /e /ond /y a treaty which has /een (rocred /ythe

coercion of its re(resentative thro)h acts or threats directed a)ainst hi+ sha&& /e withotany &e)a&eect.Article )!Coercion o a State #y the threat or use o orce treaty is void if its conc&sion has /een (rocred /y the threat or se of force invio&ation of the(rinci(&es of internationa& &aw e+/odied in the Charter of the #nited $ations.Article )$Treaties con@icting &ith a peremptory norm o


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general international la& ;8us cogens


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Supervening impossi#ility o perormance1. (arty +ay invoe the i+(ossi/i&ity of (erfor+in) a treaty as a )rond for ter+inatin)orwithdrawin) fro+ it if the i+(ossi/i&ity res&ts fro+ the (er+anent disa((earance ordestrction of ano/0ect indis(ensa/&e for the eAection of the treaty. f the i+(ossi/i&ity is te+(orary% it+ay /e invoed

on&y as a )rond for ss(endin) the o(eration of the treaty.2. +(ossi/i&ity of (erfor+ance +ay not /e invoed /y a (arty as a )rond forter+inatin)%withdrawin) fro+ or ss(endin) the o(eration of a treaty if the i+(ossi/i&ity is the res&tof a /reach /ythat (arty either of an o/&i)ation nder the treaty or of any other internationa& o/&i)ationowed to anyother (arty to the treaty.Article *!,undamental change o circumstances1. fnda+enta& chan)e of circ+stances which has occrred with re)ard to thoseeAistin) at theti+e of the conc&sion of a treaty% and which was not foreseen /y the (arties% +ay not /einvoed as a)rond for ter+inatin) or withdrawin) fro+ the treaty n&ess5


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termination4 &ithdra&al rom or suspension o theoperation o a treaty1. (arty which% nder the (rovisions of the (resent Convention% invoes either a defect initsconsent to /e /ond /y a treaty or a )rond for i+(eachin) the va&idity of a treaty%ter+inatin) it%withdrawin) fro+ it or ss(endin) its o(eration% +st notify the other (arties of its c&ai+.

Thenoti4cation sha&& indicate the +easre (ro(osed to /e taen with res(ect to the treaty andthe reasonstherefor.2. f% after the eA(iry of a (eriod which% eAce(t in cases of s(ecia& r)ency% sha&& not /e&ess thanthree +onths after the recei(t of the noti4cation% no (arty has raised any o/0ection% the(arty +ain) thenoti4cation +ay carry ot in the +anner (rovided in artic&e 67 the +easre which it has(ro(osed.233. f% however% o/0ection has /een raised /y any other (arty% the (arties sha&& see aso&tionthro)h the +eans indicated in rtic&e 33 of the Charter of the #nited $ations.B.$othin) in the fore)oin) (ara)ra(hs sha&& aect the ri)hts or o/&i)ations of the (artiesnderany (rovisions in force /indin) the (arties with re)ard to the sett&e+ent of dis(tes.'.ithot (re0dice to artic&e B'% the fact that a tate has not (revios&y +ade thenoti4cation(rescri/ed in (ara)ra(h 1 sha&& not (revent it fro+ +ain) sch noti4cation in answer toanother (artyc&ai+in) (erfor+ance of the treaty or a&&e)in) its vio&ation.Article **Procedures or 8udicial settlement4 ar#itration and conciliationf% nder (ara)ra(h 3 of artic&e 6'% no so&tion has /een reached within a (eriod of 12+onthsfo&&owin) the date on which the o/0ection was raised% the fo&&owin) (rocedres sha&& /e

fo&&owed5


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co++nicatin) it +ay /e ca&&ed (on to (rodce f&& (owers.Article *-Revocation o noti/cations and instruments providedor in articles *) and *+ noti4cation or instr+ent (rovided for in artic&e 6' or 67 +ay /e revoed at any ti+e/efore ittaes eect.

2BECT:$ '. C:$E#E$CE :; TE $VLDT%TE8M$T:$:8 #E$:$ :; TE :E8T:$ :; T8ET

Article *0Conse.uences o the invalidity o a treaty1. treaty the inva&idity of which is esta/&ished nder the (resent Convention is void. The(rovisions of a void treaty have no &e)a& force.2. f acts have neverthe&ess /een (erfor+ed in re&iance on sch a treaty5


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of the treaty (rior to its ter+ination% (rovided that those ri)hts% o/&i)ations or sitations+ay thereafter/e +aintained on&y to the eAtent that their +aintenance is not in itse&f in conIict with thenew(ere+(tory nor+ of )enera& internationa& &aw.Article +!Conse.uences o the suspension o the operation o a treaty

1.#n&ess the treaty otherwise (rovides or the (arties otherwise a)ree% the ss(ension oftheo(eration of a treaty nder its (rovisions or in accordance with the (resent Convention5


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entered into force /etween certain of the (arties or that a dierence has a((eared/etween a tate and ade(ositary with re)ard to the (erfor+ance of the &atterGs fnctions sha&& not aect thato/&i)ation.Article ++,unctions o depositaries1.The fnctions of a de(ositary% n&ess otherwise (rovided in the treaty or a)reed /y the

contractin) tates% co+(rise in (artic&ar5


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o treaties1.here% after the athentication of the teAt of a treaty% the si)natory tates and thecontractin)tates are a)reed that it contains an error% the error sha&&% n&ess they decide (on so+eother +eans ofcorrection% /e corrected5


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SignatureThe (resent Convention sha&& /e o(en for si)natre /y a&& tates Me+/ers of the #nited$ationsor of any of the s(ecia&i-ed a)encies or of the nternationa& to+ic Ener)y )ency or(arties to thetatte of the nternationa& Cort of Jstice% and /y any other tate invited /y the Fenera&sse+/&y of

the #nited $ations to /eco+e a (arty to the Convention% as fo&&ows5 nti& 3" $ove+/er1969% at the29;edera& Ministry for ;orei)n airs of the 8e(/&ic of stria% and s/seent&y% nti& 3"(ri& 197"%at #nited $ations eadarters% $ew or.Article -!Rati/cationThe (resent Convention is s/0ect to rati4cation. The instr+ents of rati4cation sha&& /ede(osited with the ecretary,Fenera& of the #nited $ations.Article -$AccessionThe (resent Convention sha&& re+ain o(en for accession /y any tate /e&on)in) to any ofthecate)ories +entioned in artic&e !1. The instr+ents of accession sha&& /e de(osited withthe ecretary,Fenera& of the #nited $ations.Article -'5ntry into orce1.The (resent Convention sha&& enter into force on the thirtieth day fo&&owin) the date ofde(ositof the thirty,4fth instr+ent of rati4cation or accession.2.;or each tate ratifyin) or accedin) to the Convention after the de(osit of the thirty,4fthinstr+ent of rati4cation or accession% the Convention sha&& enter into force on thethirtieth day afterde(osit /y sch tate of its instr+ent of rati4cation or accession.Article -)

Authentic tetsThe ori)ina& of the (resent Convention% of which the Chinese% En)&ish% ;rench% 8ssian and(anish teAts are ea&&y athentic% sha&& /e de(osited with the ecretary,Fenera& of the#nited $ations.$ T$E E8E:; the ndersi)ned &eni(otentiaries% /ein) d&y athori-ed thereto /ytheirres(ective Fovern+ents% have si)ned the (resent Convention.D:$E at Vienna this twenty,third day of May% one thosand nine hndred and siAty,nine.$$E

1. &ist of conci&iators consistin) of a&i4ed 0rists sha&& /e drawn ( and +aintained /ytheecretary,Fenera& of the #nited $ations. To this end% every tate which is a Me+/er ofthe #nited$ations or a (arty to the (resent Convention sha&& /e invited to no+inate two conci&iators%

and the na+esof the (ersons so no+inated sha&& constitte the &ist. The ter+ of a conci&iator% inc&din)that of anyconci&iator no+inated to 4&& a casa& vacancy% sha&& /e 4ve years and +ay /e renewed. conci&iatorwhose ter+ eA(ires sha&& contine to f&4& any fnction for which he sha&& have /eenchosen nder thefo&&owin) (ara)ra(h.3"


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2.hen a reest has /een +ade to the ecretary,Fenera& nder artic&e 66% theecretary,Fenera&sha&& /rin) the dis(te /efore a conci&iation co++ission constitted as fo&&ows5The tate or tates constittin) one of the (arties to the dis(te sha&& a((oint5

Documents

Vienna Convention on the Law of Treaties