VIENNA CONVENTION ON THE LAW OF TREATIES

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STAT
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OFFICIAL DOCUMENTS
VIENNA CONVENTION ON THE LAW OF TREATIES'
Open for signature at Vienna May 23, 1969, until Nov. 30, 1969;
and at United Nations Headquarters after Nov. 30 1969,
until April 30, 1970
The States Parties to the present Convention,
Considering the fundamental role of treaties in the history of interna-
tional relations,
Recognizing the ever-increasing importance of treaties as a source of
international law and as a means of developing peaceful co-operation
among nations, whatever their constitutional and social systems,
Noting that the principles of free consent and of good faith and the
pacta sunt servanda rule are universally recognized,
Affirming that disputes concerning treaties, like other international
disputes, should be settled by peaceful means and in conformity with the
principles of justice and international law,
Reculliny the determination of the peoples of the United Nations to es-
tablish eon itions under which justice and respect for the obligations
arising from treaties can be maintained,
Having in mind the principles of international law embodied in the
(.'hurter of the United Nations, such as the principles of the equal rights
and self-determination of peoples, of the sovereign equality mud inde-
pendenee of all states, of non-interference in the domestic affairs of states,
of the prohibition of the threat or use of force and of universal respect
for, and oh ervanee of, human rights and fundamental freedoms for all,
111.14t'i-ay that the codification acrd progressive development of the law
of treaties achieved in the present Convention will promote the purposes
of the United Nations set forth in the Charter, namely, the maintenance
of international peace an,l security, the development of friendly relations
and the achievement of co-operation among nations,
Affirming that the rules of customary international law will continue to
govern qui?,tious not regulated by the provisions of the present Convention,
have ayrttd as follows:
PART I
INTRODUCTION
ARTICLE 1
Scope of the present Convention
The present Convention applies to treaties between states.
I U.N. Due. A/CONE. 31)/27, May 23, 1969.
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876 TF1P ANWHI('AN .101'kNAI, OF INTERNATIONAL LAW Vol. 63
AICTictm 2
Use of terms
1. For the pnrpu.rs of the prf sent ('011S(IItion:
(a) "treat'" nn'an." an Jill (?rualtimial agreennent conelu(led between
states ill written forum and guvcrnetl by international law, whether
embo(lied in a ~ialglr iustrlunent or in two or more related instru-
ments and whaltever it, partienlar designation;
b) "ratification," "aQreptallee," "approval" and "accession"
means in each ease the international act so named A%hereby a
state (?stuhlishcs on the international plane its consent to be
bound by it treaty;
(e) "full powers" means a document emanating front the competent
authority of it state designating a person or persons to represent
the state for negotiating, a(lopting or authentieatini? the text of a
treaty, for expressing the consent of the state to be bound by a
treaty, or for accomplishing any other act with respect to a treaty;
(d) "reservation" IacallS a unilateral statement, however phrased or
milled, made by it state, when signing, ratifying, accepting, ap-
proving or acceding to a treaty, whereby it purports to exclude
or to modify the legal effect of certain provisions of the treaty
in their application to that state;
(e) "negotiating state" means a state which took part in the draw-
ing, up and a(loption of the text of the treaty;
(f) "contracting state" means a state which has consented to be
bound by the treaty, whether or not the treaty has entered into
force;
(g) "party" means a state which has consented to be bound by the
treaty and for which the treaty is in force;
(h) "third state" means a state not a party to the treaty;
(i) "international organization" means an intergovernmental or.
ganization.
2. The provisions of paragraph 1 regarding the use of terms in the
present Convention are without prejudice to the use of those terms or to
the meanings which may be given to them in the internal law of any state.
International agreements not within the scope
of the present Convention
The fact that the present Convention flues not apply to international
agreements concluded between states and other subjects of international
law or between such other subjects of international law, or to international
agreements not in written form, shall not affect :
(a) the legal force of such agreements;
(b) the application to them of any of the rules set forth in the present
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1969] OFFICIAL I)OCUMSNTB
Convention to which they would be subject under international law
independently of the Convention ;
(c) the application of the Convention to the relations of states as be-
tween themselves under international agreements to which other
subjects of internatiomd law are also parties.
Non-retroactivity of the present Convention
Without prejudice to the application of any rules set forth in the pres-
ent Convention to which treaties would be subject under international law
independently of the Convention, the Convention applies only to treaties
which are concluded by states after the entry into force of the present
Convention with regard to such states.
Treaties constituting international organisationt and
treaties adopted within an international organization
The present Convention applies to any treaty which is the constituent
instrument of an international organization and to any treaty adopted
within an international organization without prejudice to any relevant
rules of the organization.
PART II
CONCLUSION AND ENTRY INTO FORCE OF TREATIES
SECTION 1: CONCLUSION OF TREATIES
ARTICLE 6
Capacity of states to conclude treaties
Every state possesses capacity to conclude treaties.
Full powers
1. A person is considered as representing a state for the purpose of
adopting or authenticating the text of a treaty or for the purpose of ex-
pressing the consent of the state to be bound by a treaty if:
(a) he produces appropriate full powers; or
(b) it appears from the practice of the states concerned or from other
circumstances that their intention was to consider that person as
representing the state for such purposes and to dispense with full
powers.
:. In virtue of their functions and without having to produce full
powers, the following are considered as representing their state:
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878 Tun AMERICAN JOURNAL. OF INTERNATIONAL LAW Vol. 63
(a) heads of State, Heads of Government and Ministers for Foreign
Affairs, for the purpose of performing all acts relating to the
conclusion of a treaty;
(b) heads of diplomatic missions, for the purpose of adopting the text
of it treaty between the accrediting state and the state to which
they are nccrediti:d;
(c) representatives accredited by states to an international confer-
ence or to an international organization or one of its organs,
for the purpose of adopting the text of a treaty in that confer-
euce, organization or organ.
Subsequent con/irraation of an act performed without authorization
An act relating to the conclusion of a treaty performed by a person who
cannot he considered antler Article 7 as authorized to represent a state
for that purpose is without legal effect unless afterwards confirmed by
that state.
Adoption of the text
1. The adoption of the text of a treaty takes place by the consent of all
the states participating in its drawing up except as provided in para-
graph 2.
2. The adoption of the text of a treaty at an international conference
takes place by the vote of two-thirds of the states present and voting, un-
less by the same majority they shall decide to apply a different rule.
Authentication of the text
The text of a treaty is established as authentic and definitive:
(a) by such procedure as may be provided for in the text or agreed
upon by the states participating in its drawing up; or
(b) failing such procedure, by the signature, signature ad referendum
or initialling by the representatives of those states of the text of
the treaty or of the Final Act of a conference incorporating the text.
Means of expressing consent to be bound by a treaty
The consent of a state to be bound by a treaty may be expressed by
signature, exchange of instruments constituting a treaty, ratification, ac-
ceptance, approval or accession, or by any other means if so agreed.
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Consent to be bound by a treaty expressed by signature
1. The consent of a state to be bound by a treaty is expressed by the
signature of its representative when:
(a) the treaty provides that signature shall have that effect;
(b) it is otherwise established that the negotiating states were agreed
that signature should have that effect ; or
(c) the intention of the state to give that effect to the signature ap-
pears from the full powers of its representative or was expressed
during the negotiation.
For the purposes of paragraph 1:
(a) the initialling of a test constitutes a signature of the treaty when
it is established that the negotiating states so agreed;
(b) the signature ad refcrendnm of a treaty by a representative, if
confirmed by his state, constitutes a full signature of the treaty.
Consent to be bound by a treaty expressed by an
exchange of instruments constituting a treaty
The consent of states to be bound by a treaty constituted by instru-
ments exchanged between them is expressed by that exchange when:
(a) the instruments provide that their exchange shall have that effect;
or
(b) it is otherwise established that those states were agreed that the
exchange of instruments should have that effect.
Consent to be bound by a treaty expressed
by ratification, acceptance or approval
1. The consent of a state to be bound by it treaty is expressed by rati-
fication when:
(a) the treaty provides far such consent to be expressed by means of
ratifi,,ation ;
(b) it is otherwise established that the negotiating states were a.-reed
that ratification should be required;
(e) the representative of the state has signed the treaty subject to
ratification ; or
(d) the intention of the st:'te to sign the treaty subject to ratification
appears from the full powers of its representative or was ex-
pressed during the negotiation.
:'. The consent of a state to be bound by a treaty is expressed by ac-
ptanee or approval under conditions similar to those which apply to
ratification.
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THE AMERICAN JOURNAL OF INTERNATIONAL LAW [Vol. 63
ARTICLE 15
Consent to be bound by a treaty c.rpressed by accession
The consent of a state to be bound by a treaty is expressed by accession
when :
(a) the treaty provides that such consent may be expressed by that
state by means of accession ;
(b) it is otherwise established that the ue-rotiating states were agreed
that such consent may be expressed by that state by ana ans of acces-
sion; or
(c) all the parties have subsequently agreed that such consent may be
expressed by that state by means of accession.
Exchange or deposit of instruments of ratification,
acceptance, approval or accession
Unless the treaty otherwise provides, instruments of ratification, accept.
ance, approval or accession establish the consent of a state to he bound
by a treaty upon :
(a) their exchange between the contracting states;
(b) their deposit. with the depositary ; or
(c) their notification to the contracting states or to the depositary, if
so agreed.
Consent to be bound by part of a treaty
and choice of differing provisions
1. Without prejudice to Articles 19 to 23, the consent of a state to be
bound by part of a treaty is effective only if the treaty so permits or the
other contracting states so agree.
2. The consent of a state to be bound by a treaty which permits a choice
between differing provisions is effective only if it is made clear to which
of the provisions the consent relates.
ARTICLE 18
Obligation not to defeat the object and purpose of a treaty
prior to its tntry into force
A state is obliged to refrain from acts which would defeat the object
and purpose of a treaty when :
(a) it has signed the treaty or has exchanged instruments constituting
the treaty subject to ratification, acceptance or approval, until it
shall have made its intention clear not to become a party to the
treaty; or
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1969.) OFFICIAL DOCUMENTS
(b) it has expressed its cuns(nt to be bound by the treaty, pending the
entry into force of the tre:ey Mutt provided that such entry into
force is not unduly delayed.
SKr'TION 2: I-E.'43WAT1oNS
ARTICLI; 1,9
Foru(alut ion (of resernut ions
A state In ay, when si nitig, i,tlfying, accept lug, approving or acceding
a treaty, forainlate it reservation unless:
a) the reservation is prolrihitt I by the treaty;
W the treaty provides that only specified rescrvatio-IS, which do not
include the reservation in question, nuly be made; or
c) in cast's not falling under sub paragraphs (a) and (b), the reserva-
tion is incompatible With the object and purpose of the treaty.
A t iic 1.E 20
iceeptunec of awl objection to reservations
I. A reservation expressly authorized by a treaty does not require any
1,11se,lunut aceeptillice by the other contracting states unless the treaty
provides.
2. When it appears from the limited number of the negotiating states
;:nd the object and purpose of a treaty that the application of the treaty
ill its entirety between all the parties is an esse--tial condition of the eon-
.ent of each one to be bound by the treaty, it reservation requires ac-
,eptanee by nil the parties.
When a treaty is a constituent, instrument of an international organi-
,ttion and u-lless it otherwise provides, a reservation requires the ac-
ptiulee of the competent organ of that organization.
.1. In cases not falling under the preceding paragraphs and unless the
treaty otherwise provides:
(a) acceptance by another contracting state of a reservation consti-
tutes the reserving state it panty to the treaty in relation to that
other state if or when the treaty is in force for those states;
(b) an objection by another contracting state to a reservation does not
preclude the entry into force of the treaty as between the ob-
jecting and reserving states nu?css it contrary intention is tiefl-
nitely expressed by the objecting state;
(c) an act expr?e,sin-,* a state's er?nsent to be bound by the treaty and
containing a reservation is ttieetIV,' its 5'0011 aS at least one other
contracting st rte has ;,ecepted the reservation.
I or the purposes of par;Itr?aph, .11A ?1 ;Intl unless the treaty othet?-
r,e provides, a reservation is (vii i le1?,tI to have been accepted by it
(ate if it shall have raised no objection to the reservation by the end of
period of twelve months after it was notified of the reservation or by
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882 THE AMERICAN JOURNAL OF INTFRNATIONAL LAW (Vol. 63
the date on which it expressed its consent to be bound by the treaty,
whichever is later.
Legal effects of reservations and of objections to reservations
1. A reservation established with regard to another party in accordance
with Articles 19, 24) and 2:1:
(a) modifies for th6 reserving state in its relations with that other
party the provisions of the treaty to which the reservation re-
lates to the extent of the reservation ; and
(b) modifies those provisions to the same extent for that, other party
in its relations with the reserving state.
2. The reservation does not modify the provisions of the treaty for the
other parties to the treaty inter se.
3. When a state objecting to a reservation has not opposed the entry
into force of the treaty between itself and the reserving state, the pro-
visions to which the reservation relates do not apply as between the two
states to the extent of the reservation.
ARTICLE 22
Withdrawal of reservations and of objections to reservations
1. Unless the treaty otherwise provides, a reservation may he withdrawn
at any time and the consent of a state which has accepted the reserva-
tion is not required for its withdrawal.
2. Unless the treaty otherwise provides, an objection to a reservation
may be withdrawn at any time.
3. Unless the treaty otherwise provides, or it is otherwise agreed :
(a) the withdrawal of a reservation becomes operative in relation
to another contracting state only when notice of it hay; been re.
ceived by that state;
(b) the withdrawal of an objection to a reservation b(e")u'es oper.t-
tive only hen notice of it has been received by the state which
formulated the reservation.
ARTI('LE 23
Procedure regarding reservations
1. A reservation, an express acceptan,we of a reservation and an objec-
tion to a reservation must he formulated in writing and conimnnicnted to
the contracting states and other states entitled to become parties to the
treaty.
2. If formulated when signing the treaty subject to ratification, ac-
ceptance or approval, a reservation must be formally confirmed by the
reserving state when expressing its consent to be bound by the treaty.
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In such a case the reservation shall be considered as having been made on
the date of its confirmation.
3. An express aceeptanee of, or an objection to, a reservation made
previously to confirmation of the reservation does not itself require con-
firmation.
4. The withdrawal of a reservation or of an objection to a reservation
must be formulated in writing.
Entry into force
1. A treaty enters into force in sneh manner and upon such date as it
may provide or a, the negotiating states may agree.
2. Failing any such provision or agrrenh nt, a treaty enters into force
as soon as eln?eut to be bound by the treaty has been established for all
the negotiating states.
3. When the consent of a state to be bound by a treaty is established
on a date after the treaty has come into force, the treaty enters into
force for that state on that date, unless the treaty otherwise provides.
4. The provisions of a treaty rrgnlating the authentication of its text,
the establishment of the consent of states to be bound by the treaty, the
manner or date of its entry into force, reservations, the functions of the
depositary and oth-r matters arising neeesarily before the entry into force
of the treaty apply from the time of the adoption of its text.
Provisional application
1. A treaty or a part of a treaty is applied provisionally pending
entry into force if:
(a) the treaty itself so provides; or
(b) the negotiating states have in some other manner so agreed.
2. Cates; the treaty otherwise provides or the negotiating states have
otherwise agreed, the provisional application of a treaty or a part of a
treaty uith respect to a state shall be terminated if that state notifies the
other t+tatcs bct~~rea1 which the treaty is being applied provisionally of its
intention not to become a party to the treaty.
i iRT Tii
OBSERVANCE, APPLICATION AND INTERPRETATION
OF TREATIES
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ARTICLE 26
Pasta sunt scrvanda
Every treaty in force is binding upon the parties to it and must be
performed by them in good faith.
Internal law and observance of treaties
A party may not invoke the provisions of its internal law as justifica-
tion for its failure to perform a treaty. This rule is without prejudice to
Article 46.
Non-retroactivity of treaties
Unless a different intention appears from the treaty or is otherwise es-
tablished, its provisions do not bind a party in relation to any act or fact
which took place or any situation which ceased to exist before the date of
the entry into force of the treaty with respect to that party.
Territorial scope of treaties
Unless a different intention appears from the treaty or is otherwise es-
tablished, a treaty is binding upon each party in respect of its entire
territory.
Application of successive treaties relating
to the same subject-matter
1. Subject to Article 103 of the Charter of the United Nations, the rights
and obligations of states parties to successive treaties relating to the same
subject-matter shall be determined in accordance wit It the following
paragraphs.
2. When a treaty specifics that it is subject to, or that. it is not to be
considered as incompatible with, an earlier or later trr'aty, the provisions
of that other treaty prevail.
3. When all the parties to the earlier treaty are parties also to the later
treaty but the earlier treaty is not terminated or suspended in operation
under Article 59, the earlier treaty applies only to the extent that its pro-
visions are compatible with those of the later treaty.
4. When the parties to the later treaty do not include all the parties to
the earlier one:
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(a) as between states parties to both treaties the same rule applies
as in paragraph 3;
(b) as between a state party to both treaties and a state party to only
one of the treaties, the treaty to which both states are parties
governs their mutual rights and obligations.
5. Paragraph 4 is without prejudice to Article 41, or to any question
of the termination or suspension of the operation of a treaty under Ar-
ticle 60 or to any question of responsibility which may arise for a state
from the conclusion or application of a treaty the provisions of which are
incompatible with its obligations towards another state under another
treaty.
General rule of interpretation
1. A treaty shall be interpreted in good faith in accordance with the
ordinary meaning to be given to the terms of the treaty in their context
and in the light of its objtt:t and purpose.
The context for the purpose of the interpretation of a treaty shall
comprise, in addition to the text, including its preamble and annexes:
Oil any agreennent relating to the treaty which was made between all
the parties in connexion with the conclusion of the treaty;
(b) any instruniett which was made by one or more parties in con-
nexiuu with the conclusion of the treaty and accepted by the
other parties as an instrument related to the treaty.
3. There shall be taken into account, together with the context:
(a) any subsequent agreement between the parties regarding the in-
terpretation of the treaty or the application of its provisions;
(b) any subsequent practice in the application of the treaty which
establishes the agreement of the parties, regarding its interpre-
tat ion ;
(c) any relevant rules of international law applicable in the relations
between the parties.
4. A special meaning shall be given to a term if it is established that
the parties so intended.
AaTIcu 32
Supplementary means of interpretation
Recourse may be had to supplementary means of interpretation, includ-
ing the preparatory work of the treaty and the circumstances of its con-
clusion, in order to confirm the meaning resulting from the application of
Article R1, or to d0eruiine the meaning when the interpretation according
(a) leat?es the mesuing ambiguous or obscure; or
(b) leads to a result which is nianifestly absurd or unreasonable.
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Interpretation of treaties authenticated in two or more languages
1. When a treaty has been authenticated in two or more languages, the
text is equally, authoritative in each language, unless the treaty provides
or the parties agree that, in case of divergence, a particular text shall
prevail.
2. A version of the treaty in a language other than one of those in
which the text was authenticated shall be considered an authentic text
only if the treaty so provides or the parties so agree.
3. The terms of the treaty are presumed to have the same meaning in
each authentic text.
4. Except where a particular text prevails in accordance with para-
graph 1, when a comparison of the authentic texts discloses a difference
of meaning which the application of Articles 31 and 32 does not remove,
the meaning which best reconciles the texts, having regard to the object
and purpose of the treaty, shall be adopted.
ARTICLE 34
General rule regarding third states
A treaty does not create either obligations or rights for a third state
without its consent.
Treaties providing for obligations for third states
An obligation arises for a third state from a provision of a treaty if the
parties to the treaty intend the provision to be the means of establishing
the obligation and the third state expressly accepts that obligation in
writing.
Treaties providing for rights for third stales
1. A right arises for it third state from a provision of a treaty if the
parties to the treaty intend the provision to accord that right either to
the third state, or to it group of states to which it belongs, or to all states,
and the third state atiwents there to. Its assent shall be presumed so long
as the contrary is not indicated, unless the treaty otherwise provides.
2. A state exercising it right in accordance with paragraph 1 shall com-
ply with the conditions for its c~crcise provided for in the treaty or es-
tablished in conformity with the treaty.
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A RT1CLI 37
Revocation or modification of obligations or rights of third states
1. When an obligation has arisen for a third state in conformity with
Article 35, the obligation may be revoked or modified only Leith the con-
sent of the parties to the treaty and of the third state, unless it is estab-
lished that they had otherwise agreed.
2. When a right has arisen for a third state in conformity with Article
36, the right may not-be revoked or modified by the parties if it is estab-
lished that the right was intended not to be revocable or subject to modi-
fication without the consent of the third state.
Rides in a trcatil beeomitng binding on third states
tlu ouyh internal ional custom
Nothing in Articles 34 to 37 precludes at rule set forth in a treaty from
becoming binding upon a third Mate as a customary rule of international
law, recognized as such.
PART, IV
AMENDMENT AND MODIFICATION OF TREATIES
A&TICLE 39
General rule regarding the amendment of treaties
A treaty may be amended by agreement between the parties. The rules
laid down it, Part 11 apply to such an agreetent except in so far as the
treaty may otherwise provide.
A-ncndment of multilateral treaties
1. Unless the treaty otherwise provides, the amendment of multilateral
treaties shall be governed by the following paragraphs.
2. Any proposal to amend it multilateral treaty as between all the par-
ties must be notified to all the contracting states, each one of which shall
have the right to take part iii:
(a) the decision ;t to the action to be taken in regard to such pro-
posal;
(b) the negotiation and conclusion of any agreement for the antend-
--,~ ut of the treaty.
3. Every state entitled to become a party to the treaty shall also be en-
titlc(1 to become a party to the treaty its amended.
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4. The amending agreement does not bind any state already a party
to the treaty mhieh does not become a party to the amending agreement;
Article 30, paragraph 1(b), applies in relation to such state.
5. Any state which becomes it party to the treaty after the entry into
toree of the amending agreement shall, failing an expression of a different
intention by that state:
(a) be considered as at party to the treaty as amended, and
(b) be considered as a party to the unamended treaty in relation to
any party to the treaty not bound by the amending agreement.
.4yrrcaacents to modify multilateral treaties
bctwcen certain of the parties only
1. Two or more of the parties to a multilateral treaty may conclude an
agreement to modify the treaty as between themselves alone if :
(a) the possibility of such at modifcation is provided for by the treaty:
or
(b) the modification in question is not prohibited by the treaty and:
(i) does not affect the enjoyment by the other parties of their
rights under the treaty or the performance of their obliga-
tions;
(ii) does not relate to at provision, derogation from which is in-
compatible with the effective execution of the object and
purpose of the treaty as a whole.
Unless in a case falling under paragraph 1(a) the treaty otherwise
provides, the part us in question shall notify the other parties of their
intention to concln'he the agreenu?nt and of the modification to the treaty
for which it provides.
PART V
INVALIDITY, TERMINATION AND SUSPENSION OF
THE OPERATION OF TREATIES
Validity and continuance in force of treafics
1. The validity of a treaty or of the consent of a state to be bound by a
treaty may he impeached only through the application of the present
Convention.
2. The termination of a treaty, its denunciation or the withdrawal of a
party, may take place only its it result of the application of the provisions
of the treaty or of the present Convention. The same rule applies to sus-
pension of the operation of a treaty.
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ARTICLE 43
Obligations in+posed by international law independently of a treaty
'!'lie invalidity, termination or denunciation of a treaty, the withdrawal
of a party from it, or the auspenalm of its operation, as a result of the
;l,,itcatiatt of the present Convention or of the provisions of the treaty,
'hall not ill any way impair the duty of any state to fulfil any ubliga-
tiunu eunhodied in the treaty to which it would be subject under inter-
teatiunal law independently of the treaty.
Separability of treaty provisions
1. A right of a party, provided for in a treaty or arising under Article
to denuuncc, withdraw frog, or suspend the operation of the treaty may
lie t?xt r'ei,.'d only \%ith respect to tlic whole treaty unless the treaty othcr-
e ire provides or the lrartie:, otherwise agree.
2. A ground for invalidating-, terminating, withdrawing from or sun-
l-ending the operation of a treaty recognized in the present Convention
may be invoked only with respect to the whole treaty except as provided
,it the follow ins; paragraphs or in Article GI).
3. If the ground relates solely to particular clauses, it may be invoiced
un;y with respect to those clauses where:
(a) the said clauses are separable from the remainder of the treaty
with regard to their application;
(h) it appears from the treaty or is otherwise established that ac-
ceptanee of those e!auses was not an essential basis of the consent
of the other party or parties to be bound by the treaty as a whole;
and
(c) continued performance of the remainder of the treaty would not
be unjust.
x. In cases falling under Articles 49 and 50 the state entitled to invoke
the fraud or corruption may do so with respect either to the whole treaty
or, subject to paragraph 3, to the particular clauses alone.
5. In cases falling under Articles 51, 52 and 53, no separation of the
provisions of the treaty is permitted.
Loss of a right to ineol,e a ground for invalidating, terminating,
withdrawing from or suspending the operation of a treaty
A state may no longer invoke a ground for invalidating, terminating,
withdrawing from or suspending the operation of it treaty under Articles
-16 to :it) or Articles fill and 62 if, after becoming aware of the facts:
(a ; it shall have expressly agreed that the treaty is valid or remains in
force or continues in operation, as the case may be; or
C>
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(b) it must by reason of its conduct be considered as having acquiesced
in the validity of the treaty or in its maintenance in force or in
operation, as the case may be.
sI:a'TION 2: iNVAi.IIITV OF TREATIES
Provisions of internal lair regarding competence
to conclude treaties
1. A state may not invoke the fact that its consent to he bound by a
treaty has been expressed in violation of a provision of its internal law
regarding competence to conclude treaties as invalidating its consent un-
less that violation was manifest and concerned a rule of its internal law
of fundamental importance.
2. A violation is manifest if it would be objectively evident to any state
conducting itself in the matter in accordance with normal practice and
in good faith.
Specific restrictions on authority to express the
consent of a state
If the authority of it representative to express the consent of a state to
be bound by it particular treaty has been made subject to a specific restric-
tion, his omission to observe that restriction may not be invoked as in-
validating the consent expressed by hint unless the restriction was notified
to the other negotiating states prior to his expressing such consent.
1. A state may invoke an error in it treaty as invalidating its consent to
the bound by the treaty if the error relates to a fact or sitUatiou which
was assume(] by that state to exist at the tiute when the treaty was con-.
eluded and formed an essential basis of its consent to be bound by the
treaty.
2. Paragraph 1 shall not apply if the state in question contributed by
its own conduct to the error or if the cireannstances S\err "110 1 as to put
that state on notice of at possible error.
3. An error relating only to the wording of the text of a treaty does not
affect its validity; Article 79 then applies.
If a state has been induced to conclude it treaty by the fraudulent con-
duet of another negotiating state, the state May invoke the fraud as in-
validating its consent to be bound by the treaty.
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AaTict.z 50
Corruption of a representative of a state
If the expression of a state's consent to be bound by a treaty has been
procured through the corruption of its representative dircetly or indi-
rectly by another negotiating btate, the state may invoke such corruption
as invalidating its consent to be bound by the treaty.
ARTICLE 51
Coercion of a representative of a state
The expression of a state's consent to be bound by a treaty which has
been procured by the coercion of its representative through acts or threats
directed against him shall be without any legal effect.
ARTICLE 52
Coercion of a state by the threat or use of force
A treaty is void if its conclusion has been procured by the threat or use
of force in violation of the principles of international law embodied in
the Charter of the United Nations.
Awrictx 53
Treaties conflicting with a peremptory norm of general
international law (jus cogens)
A treaty is void if, at the time of its conclusion, it conflicts with a
peremptory norm of general international law. For the purposes of the
present Convention, a peremptory norm of general international law is a
norm accepted and recognized by the international community of states
as a whole as a norm from which no derogation is permitted and which
can be modified only by it subsequent norm of general international law
having the same character.
SECTION 3: TERMINATLON AND SUSPENSION OF THE
OPERATION OF TREATIES
ARTICLE 54
Termination of or withdrawal from a treaty under its
provisions or by consent of the parties
The termination of a treaty or the withdrawal of a party tony take place:
(a) in conformity with the provisions of the treaty; or
(b) at any time by consent of all the parties after consultation with
the other contracting states.
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Reduction of the parties to a multilateral treaty below
the it um ncr necessary for its entry into force
Unless the treaty otherwise provides, a multilateral treaty does not
terminate by reason only of the fact that the number of the parties falls
below the number necessary for its entry into force.
Denunciation of or u-ithulrrrrcal from. a treaty containing no provision
regarding terminal ion, denunciation or withdrawal
1. A treaty which contains no provision regarding its termination and
which does not provide for denunciation or withdrawal is not subject to
denunciation or withdrawal unless:
(a) it is established flirt the parties intended to admit the possibility
of denuncint ion or wit hdrawal ; or
(b) it right of denuneiationr or withdrawal may be implied by the
nature of the treaty.
2. A party shall give not less than twelve months' notice of its intention
to denounce or withdraw front a treaty under paragraph 1.
Suspension of the operation of a treaty lender its
provisions or by consent of the parties
The operation of a treaty in regard to all the parties or to a particular
party may be suspended :
(a) in conformity with the provisions of the treaty; or
(b) at any time by consent of all the parties after consultation with
the other contracting states.
Suspension of the operation of a inultilalerul Ireaty
by agreenunt between certain of the parties only
1. Two or more parties to it multilateral treaty may concitide an agree-
ment to suspend the operation of provision, of the treaty, tempi rarily and
as between themselves alone, if:
(a) the possibility of such a suspension is provided for by the treaty;
or
(h) the suspeusiun in wuetition is not prohibited by the treaty and:
(i) dots not alTeet the enjoyment by the other parties of their
rights under the treaty or the performance of their obliga-
tions;
(ii) is not incou,patible with the. object and purpose of the treaty.
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2. Unless in a case falling under paragraph 1(a) the treaty otherwise
provides, the parties in question shall notify the other parties of their in-
tention to conclude the agreement and of those provisions of the treaty the
operation of which they intend to inspendl.
Terntination or suspension of the operation of a treaty
innplicd by conetnsiOn of a later treaty
1. A treaty shall be considered its terminated if all the parties to it con-
clude it later treaty relating to the same subject-matter and:
(a) it appears from the later treaty or is otherwise established that
the parties intended that the matter should be governed by that
treaty; or
(b) the provisions of the later treaty are so far incompatible with
those of the earlier one that the two treaties are not capable of
being applied at the saint tune.
2. The earlier treaty shall be considered as only suspended in operation
if it appears from the later treaty or is otherwise estubli:;heet that such was
the intention of the parties.
Termination or suspension of the operation of a treaty
as a conscquencc of its breach
1. A material breach of a bilateral treaty by one of the parties entitles
the other to invoke the breach as it Rruund for terminating the treaty or
suspending its operation in whole or in part.
2. A material breach of a multilateral treaty by one of the parties en-
titles:
(a) the other parties by unanimous agreement to suspend the opera-
tion of the treaty in whole or in part or to terminate it either:
(i) in the relations between then selves and the defaulting state;
or
(ii) as between all the parties;
(b) a party specially affected by the breach to invoke it as a ground
for suspending the operation of the treaty in whole or in part in
the relations between itself and the defaulting state;
(c) any party other than the defaulting state to invoke the breach
as a ground for suspending the operation of the treaty in whole
or in part with respect to itself if the treaty is of such a charac-
ter that a material breach of its provisions by one party radically
changes the. position of every party with respect to the further
performance of its obligations under the treaty.
3. A material breach of a treaty, for the purposes of this article, consists
in:
0
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( Vol. 63
(a) a repudiation of the tr-at.y not sanctioned by the present Con-
vention ; or
(b) the violatit,iu of it provision essential to the acenutplishment of
the object or purpo,e of the treaty.
4. The foregoing paragraphs to-,! without prejudice to any provision in
the treaty applicable in the event of it breach.
5. Paragraphs 1 to 3 do not apply to provisions relating to the protection
of the human person contained in treaties of a humanitarian character, in
particular to provisions prohibiting any form of reprisals against persons
protected by such treaties.
Supervening impossibility of performance
1. A party may invoke the impossibility of performing a treaty as a
ground for terminating or withdrawing, from it if the impossibility re-
sults from the permanent disappearance or destruction of an object in-
dispensable for the execution of the treaty. If the impossibility is tem-
porary, it may be invoked only as it ground for suspending the operation
of the treaty.
Impossibility of perforntanre tray not be invoked by a party as a
ground for terminating, withdrawing front. or suspending the operation
of a treaty if the intpos,ibility is the result of a breach by that party
either of an obligation under the treaty or of any other international
obligation owed to any other party to the treaty.
Fuuclrrnecntal change of circumstances
1. A fundamental change of eitenntstanees which has occurred with re-
gard to those existing at the time of the conclusion of a treaty, and which
was not foreseen by the parties, may not ho invoked its a grotnil for ter-
minating or withdr.mi g front the treaty unless:
(it) the cxistcnrr of tho:,e eireumsiamcs constituted an essential basis
of the consent. of the parties to be bound by the treaty; and
(b) the effect of' the change is radically to transform the extent of
ohligations still to be performed under the treaty.
2. A fund:unrtttal change tit, eireuntstanees may not he invoked as it
ground for terminating or wit ltdrawing frinn a treaty
(it) if the treaty establishes a boundary; or
(h) if the fundamental ehauge is the result of a breach by the px.?ty
invoking it either of an obligation under the treaty or of any other
international obligation owed to any other party to the treaty.
:3. If, under the foregoing paragraphs, a party may invoke a funda-
mental change of eiretuustauces as it ground for terminating or withdraw-
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ing from a treaty it may also invoke the change as a ground for suspending
the operation of the treaty.
Severance of diplomatic or consular relations
The severance of diplomatic or consular relations between parties to a
treaty does not affect the legal relations established between them by the
treaty except in so far as the existence of diplomatic or consular relations
is indispensable for the application of the treaty.
Emergcare of a new peremptory norm of general
international law (jus cogent)
If a new peremptory norm of general international law emerges, any
existing treaty which is in conflict with that norm becomes void and ter-
minates.
Procedure to be followed with respect to invalidity, termination,
v ithdrau'al from or suspension of the operation of a treaty
1. A party which, under the provisions of the present Convention, in-
vokes either a defect in its consent to be bound by a treaty or a ground for
impeaching the validity of a treaty, terminating it, withdrawing from it
or suspending its operation, must notify the other parties of its claim.
The notification shall indicate the measure proposed to be taken with
respect to the treaty and the reasons therefor.
2. If, after the expiry of a period which, except in cases of special
urgency, shall not be less than three months after the receipt of the noti-
fication, no party has raised any objection, the party making the notifica-
tion may carry out in the manner provided in Article 67 the measure which
it has proposed.
3. If, however, objection has been raised by any other party,'the parties
shall seek a solution through the means indicated in Article 33 of the
Charter of the United Nations.
4. Nothing in the foregoing paragraphs shall affect the rights or obliga-
tions of the parties under any provisions in force binding the parties with
regard to the settlement of disputes.
5. Without prejudice to Article 45, the fact that a state has not previ-
oualy made the notification prescribed in paragraph 1 shall not prevent
it from making such notification in answer to another party claiming per-
formance of the treaty or alleging its violation.
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896 Tit1: AMERICAN JOURNAL OF iNTIMNATIONAI. LAW Vol. 63
ARTICLE 66
Proeedterrs for judicial stttlc)nent, arbitration
and conciliation
If, under paragraph 3 of Article 65, no solution has been reached within
a period of 12 numtlis following the date on which the objection was raised,
the following procedures shall be followed :
(a) any one of the parties to a dispute concerning the application or
the interpretation of Article 53 or 64 may, by a written applica-
tion, submit, it to the international Court of Justice for a decision
unless the parties by common consent agree to submit the dis-
pute to arbitration;
(b) any one of the parties to a dispute concerning the application or
the interpretation of any of the other articles in Part V of the
present Convention may set in motion the procedure specified in
the Annex to the Convention by submitting a request to that effect
to the Secretary.tlencral of the United Nations.
ARTICLE 67
Instrien-ents for declaring invalid, terminating, wilhdrateing
from or suspending the operation of a treaty
1. The notification provided for under Article 65 paragraph 1 must be
made in writing.
2. Any act declaring invalid, terminating, withdrawing from or sus-
pending the operation of a treaty pursuant to the provisions of the treaty
or of paragraphs 2 or 3 of Article 65 shall be carried out through an in-
strument communicated to the other parties. If the instrument is not
signed by the head of Slate, head of Government or Minister for Foreign
Affairs, the representative of the state communicating it, may be called
upon to produce full powers.
ARTICLE 68
Revocation of notifications and instruments
provided for in articles 65 and 67
A notifieation or instrument. provided for in Articles 65 or 67 may be
revoked at any time before it. takes effect.
Si?:CTION 5: COV51:Qt1FNers OF TIM iNVAL,lln'rv, TERMINATION
OR SITS1'EN'-ION OF THIS 01'Fli.t' ION OF A TREATY
ARTICLE 69
Consequences of the invalidity of a treaty
1. A treaty the invalidity of which is established under the present Con-
vention is void. The provisions of a void treaty have no legal force.
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2. If acts have nevertheless been performed in reliance oil such it treaty:
(a) each party may require any other party to establish as far as
possible in their mutual relations the position that would have
existed if the acts had not been performed ;
(b) acts performed in good faith before the invalidity was invoked
are not rendered unlawful by reason only of the invalidity of the
treaty.
3. In eases falling wider Articles 49, 50, 51 or 52, paragraph 2 does not
apply with respect to the party to which the fraud, the net of corruption
or the coercion is imputable.
4. In the case of the invalidity of a particular state's consent to be
bound by a multilateral treaty, the foregoing rules apply in the relations
between that state and the parties to the treaty.
ARTIcl.E 70
Consequences of the termination of a treaty
1. Unless the treaty otherwise provides or the parties otherwise agree,
the termination of a treaty under its provisions or in accordance with the
present Convention :
(a) releases the parties from any obligation further to perform the
treaty;
(b) does not affect any right, obligation or legal situation of the
parties created through the execution of the treaty prior to its
termination.
2. If a state denounces or withdraws front at multilateral treaty, para-
graph 1 applies in the relations between that state and each of the other
parties to the treaty from the date when such denunciation or withdrawal
takes effect.
ARTICLE 71
Consequences of the invalidity of a treaty which conflicts
with a peremptory nurat of general international law
1. In the case of a treaty which is void under Article 5.3 the parties shall:
(a) eliminate as far as possible the consequences of any act per-
formed in rrliauee on any provision which conflicts with the per-
euiptury norm of general international law; and
(b) brier their mutual relations into conformity with the peremptory
norm of general international law.
2. In the case of it treaty which becomes void and terminates under
Article 6-1, the terminatiun of the treaty-.
(a) releases the parties front any obligation further to perform the
treaty;
(h) does not affect any right, obligation or legal situation of the par-
ties created through the execution of the treaty prior to its
termination ; provided that those rights, obligations or situations
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898 THE AMERICAN JOURNAL OF INTERNATIONAL LAW [Vol. 63
may thereafter be maintained only to the extent that their main-
tenance is not in itself in conflict with the new peremptory norm
of general in,ternntional law.
Consequences of the suspension of the operation of a treaty
1. Unless the treaty otherwise provides or the parties otherwise agrc',
the suspension of the operation of a treaty under its provisions or in ac-
cordance with the present Convention :
(a) releases the parties between which the operation of the treaty is
suspended from the obligation to perform the treaty in their
mutual relations during the period of the suspension;
(b) does not otherwise affect the legal relations between the parties
established by the treaty.
2. Daring the period of the suspension the parties shall refrain from
acts tending to obstruct the resumption of the operation of the treaty.
PART VI
MISCELLANEOUS PROVISIONS
ARTICLE: 73
Cases of state slueression, state responsibility
and outbreaks of hostilities
The provisions of the present Convention shall not prejudge any ques-
tion that may arise in regard to a treaty from a succession of states or
from the international responsibility of a state or from the outbreak of
hostilities between states.
Diplomatic and consular relations and the conclusion of treaties
The severance or absence of diplomatic or consular relations between two
or more states (toes not. prevent the conclusion of treaties between those
states. The conclusion of a treaty does not in itself affect the situation
in regard to diplomatic or consular relations.
Case of air aggressor state
The provisions of the present Convention are without prejudice to any
obligation in relation to a treaty which may arise for an aggressor state
in consequence of measures taken in conformity with the Charter of the
United Nations with reference to that state's aggression.
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OFFICLIL DOCUMENTS
PART VII '
DEPOSITARIES, NOTII?`ICATIONS, CORRECTIONS
AND REGISTRATION
Aa'rtcLE 76
Depositaries of treaties
1. The designation of the depositary of a treaty may be made by the
negotiating states, either in the treaty iheif or in some other manner.
The depositary may be one or more states, an international organization or
the chief administrative officer of the organization.
2. The functions of the depositary of a treaty are international in
character and the depositary is under an obligation to act impartially in
their perforuuu4ee. In particular, the fact that a treaty has not entered
into force between certain of the parties or that a difference has appeared
between a state and a depositary with regard to the performance of the
latter's functions shall not affect that obligation.
ARTICLE 77
Functions of depositaries
1. The functions of a depositary, unless otherwise provided in the treaty
or agreed by the contracting states, comprise in particular:
(a) heepilug custody of the original text of the treaty and of any
f
l
(c)
(f)
a
l powers delivered to the depositary;
preparing certified copies of the original text and preparing any
further text of the treaty in such additional languages as may be
required by the treaty and transmitting them to the parties and
to the states entitled to become parties to the treaty:
rce iviu r any signatures to the treaty and receiving and keeping
custody of any instruments, notifications and communications re-
lating to it
exnnniniutr Mhether the signature or any instrument, notification
or cmunuunieation relating to the treaty is in due and proper form
and, if need be, bringing the matter to the attention of the state
in question;
informing the parties
to the treaty of Gets,
to the treaty;
and the states entitled to become parties
notifications and communications relating
informing the states entitled to become parties to the treaty when
the number of signatures or of instruments of ratification, ac-
eeptance, approval or accession required for the entry into force
of the treaty has been received or deposited;
registering the treaty with the Secretariat of the United Nations;
perforuiirig the functions specified in other provisions of the
present Convention.
C
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2. In the event of any difi'erenee appearing between it state and the
depositary as to the performance of the latter's functions, the depositary
shall bring the question to the attention of the signatory states and the
contracting states or, where appropriate, of the competent organ of the
international organization concerned.
Notifirafions and communications
Except as the treaty or the present Convention otherwise provide, any
notification or communication to be made by any state under the present
Convention shall:
(a) if there is no depositary, be transmitted direct to the states for
which it is intended, or if there is a depositary, to the latter;
(h) be considered as having been made by the state in question only
upon its receipt by the state to which it was transmitted or, as
the ease may be, upon its receipt by the depositary;
(e) if transmitted to a depositary, be considered as received by the
state for which it %%as intended only when the latter st ite ha,
been informed by the depositary in accordance with Article 77.
paragraph 1(e).
Correction of errors in texts or in certified copies of treaties
1. Where, after the authentication of the text of a treaty, the signatory
states and the contracting states are agreed that it contains an error, the
error shall, unless they decide upon some other means of correction, be
corrected :
(a) by having the appropriate correction made in the text and
causing the correction to be initialled by drily authorized repre-
sentatives;
(b) by executing or exchanging an instrument or instruments setting
out the correction which it has been agreed to make; or
(c) by executing it corrected text of the whole treaty by the same
procedure as in the case of the original text.
2. Where the treaty is one for which there is a depositary, the latter
shall notify the signatory states and the contracting states of the error
and of the proposal to correct it and shall specify an appropriate time-
limit within which objection to the proposed correction may be raised.
If, on the expiry of the time-limit:
(a) no objection has been raised, the depositary shall make and initial
the correction in the text and shall execute a pror~s-verbal of
the rectification of the text and communicate a copy of it to the
parties and to the states entitled to become parties to the treaty;
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(b) an objection has been raised, the depositary shall coantaunieate
the objection to the signatory states and to the contr:siting states.
3. The rules in paragraphs I and 2 apply tel.-;o %vhcre the text has been
authenticated in two or more languages and it appears that there is a
lack of concordance which the signatory states and the contracting states
agree should be corrected.
4. The corrected text replaces the defective text ab initio, unless the
si_natory states and the contrae?tiiig states otherwise decide.
5. The correction of the text of a treaty that has been registered shall
be notified to the Secretariat of the lTnited Nations.
6. Where all error is discovered in a certified copy of a treaty, the de-
positary shall execute a proccs-verbal specifying the rectification sus(] com-
municate a copy of it to the signatory states and to the contracting states.
Registration and publication of treaties
1. Treaties shall, after their entry into force, be transmitted to the
:secretariat of the United Nations for registration or filing and recording,
as the ease may be, and for publication.
The designation of a depositary shall constitute authorization for it
to perform the acts specified in the preceding paragraph.
PART VIII
FINAL PROVISIONS
ARTICLE 81
Signature
The present Convention shall be open for signature by all States btem-
hers of the United Nations or of any of the specialized agencies or of the
International Atomic Energy Agency or parties to the Statute of the In-
t.'rnational Court of Justice, and by any other state invited by the Oeneral
Assembly of the United Nations to become a party to the Convention, as
follows: until 30 November 1961), at the Federal Ministry for Foreign
Affairs of the Itepublie of Austria, and subsequently, until 30 April 1970,
at United Nations Headquarters, New York.
Kati fecal ion
The present Convention is subject to ratification. The instruments of
ratification shall be deposited 'cith the Seeretary-(Ieueral of the United
Nations.
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TRANSMITT*I o~ ,.. DATE
902 THE AMERICAN JOURNAL OF INTERNATIONAL LAW Vol. 63
The present Convention shall remain open for accession by any state
belonging to any of the categories mentioned in Article Si. The instru-
ments of accession shall be deposited with the Secretary-General of the
United Nations.
Entry into force
1. The present Convention shall enter into force on the thirtieth day
following the date of deposit of the thirty-fifth instrument of ratification
or accession.
2. For each state ratifying or acceding to the Convention after the de-
posit of the thirty-fifth instrument of ratification or accession, the Con-
vention shall enter into force on the thirtieth day after deposit by such
state of its instrument of ratification or accession.
Authentic texts
The original of the present Convention, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be de-
posited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly
authorized thereto by their respective governments, have signed the present
Convention.
DONE AT VIENNA, this twenty-third day of May, one thousand nine hun-
dred and sixty-nine.
[The convention was signed on May 21, 1969, on behalf of: Afghanistan,
Argentina, Barbados, Bolivia, Brazil, Cambodia, Chile, Colombia, Congo
(Brazzaville), Costa Rica, Ecuador, Finland, Ghana, Guatemala, Guyana,
Honduras, Iran, Jamaica, Kenya, Liberia, Madagascar, Mexico, Morocco,
Nepal, Nigeria, Peru, Philippines, Sudan, Trinidad and Tobago, Uruguay,
Yugoslavia and Zambia.]
1. A list of conciliators consisting of qualified jurists shall he drawn up
and maintained by the Secretary-General of the United Nations. To this
end, every state which is it Member of the United Nations or a party to
the present Convention shall be invited to nominate two conciliators, and
the names of the persons so nominated shall constitute the list. The term
of a conciliator, including that of any conciliator noniinstted to fill a
casual vacancy, shall be five years and may be renewed. A conciliator
whose term expires shall continue to fulfil any function for which he shall
have been chosen under the following paragraph.
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1969)
2. When a request has been made to the Secretary-General under Ar-
ticle 66, the Secretary -General shall bring the dispute before it conciliation
commission constituted as follows:
The state or states constituting one of the parties to the dispute shall
appoint:
(a) one conciliator of the nationality of that state or of one of those
states, who may or may not be ehnscn front the list referred to in
paragraph 1; and
(b) one conciliator not of the nationality of that state or of any of
those states, who shall be chosen from the list.
The state or states constituting the other party to the dispute shall
appoint two conciliators in the same way. The four conciliators chosen by
the parties shall be appointed within sixty days following the date on
which the Secretary-General receives the request.
The four conciliators shall, within sixty days following the date of the
lust of their own appointments, appoint a fifth conciliator chosen from the
list, who shall be chairman.
if the appointment of the chairman or of any of the other conciliators
has not been made within the period prescribed above for such appoint-
ment, it shall be made by the Secretary-General within sixty days follow-
ing the expiry of that period. The appointment of the chairman may be
made by the Secretary-General either from the list or from the membership
of the International Law Commission. Any of the periods within which
appointments must be made may be extended by agreement between the
parties to the dispute.
Any vacancy shall be filled in the manner prescribed for the initial
appuiuttnont.
3. The Conciliation Commission shall decide its own procedure. The
Catnuii.-sit n, with the consent of the parties to the dispute, may invite
any party to the treaty to submit to it its views orally or in writing. De-
cisions and recutuntendatiuus of the Commission shall be made by a H-a-
jority vote of the five members.
4. The Commission may draw the attention of the parties to the dis-
pute to nmiy n.easures which might facilitate an amicable settlement.
5. The Commission shall hear the parties, examine the claims and ob-
jeetions, :nil ntl