Vienna Convention on the Law of Treaties 1969 – EUCLID (Euclid University) treaty and depositary

Here is the full text of the Convention:

SIGNED AT VIENNA 23 May 1969

ENTRY INTO FORCE: 27 January 1980

The States Parties to the present Convention

Considering the fundamental role of treaties in the history of

international 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,

Recalling the determination of the peoples of the United Nations to

establish conditions 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 Charter

of the United Nations, such as the principles of the equal rights and

self-determination of peoples, of the sovereign equality and independence

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 observance of, human rights and fundamental freedoms for all,

Believing that the codification and 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 and 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 questions not regulated by the provisions of the present Convention,

Have agreed as follows:

PART I

INTRODUCTION

Article 1

Scope of the present Convention

The present Convention applies to treaties between States.

Article 2

Use of terms

1. For the purposes of the present Convention:

(a) ‘treaty’ means an international agreement concluded between States in

written form and governed by international law, whether embodied in a

single instrument or in two or more related instruments and whatever

its particular designation;

(b) ‘ratification’, ‘acceptance’, ‘approval’ and ‘accession’ mean in each

case the international act so named whereby a State establishes on

the international plane its consent to be bound by a treaty;

of a State designating a person or persons to represent the State for

negotiating, adopting or authenticating 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’ means a unilateral statement, however phrased or named,

made by a State, when signing, ratifying, accepting, approving 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 drawing up

and adoption 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 organization.

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.

Article 3

International agreements not within the scope of the

present Convention

The fact that the present Convention does 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

Convention to which they would be subject under international law

independently of the Convention;

between themselves under international agreements to which other

subjects of international law are also parties.

Article 4

Non-retroactivity of the present Convention

Without prejudice to the application of any rules set forth in the present

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.

Article 5

Treaties constituting international organizations 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.

Article 7

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

expressing 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.

2. In virtue of their functions and without having to produce full powers,

the following are considered as representing their State:

(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

a treaty between the accrediting State and the State to which they

are accredited;

or to an international organization or one of its organs, for the

purpose of adopting the text of a treaty in that conference,

organization or organ.

Article 8

Subsequent confirmation of an act

performed without authorization

An act relating to the conclusion of a treaty performed by a person who

cannot be considered under article 7 as authorized to represent a State for

that purpose is without legal effect unless afterwards confirmed by that

State.

Article 9

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 paragraph

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,

unless by the same majority they shall decide to apply a different rule.

Article 10

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.

Article 11

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,

acceptance, approval or accession, or by any other means if so agreed.

Article 12

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

appears from the full powers of its representative or was expressed

during the negotiation.

2. For the purposes of paragraph 1:

(a) the initialling of a text constitutes a signature of the treaty when

it is established that the negotiating States so agreed;

(b) the signature ad referendum of a treaty by a representative, if

confirmed by his State, constitutes a full signature of the treaty.

Article 13

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 instruments

exchanged between them is expressed by that exchange when:

(a) the instruments provide that their exchange shall have that effect;

(b) it is otherwise established that those States were agreed that the

exchange of instruments should have that effect

Article 14

Consent to be bound by a treaty expressed by

ratification, acceptance or approval

1. The consent of a State to be bound by a treaty is expressed by

ratification when:

(a) the treaty provides for such consent to be expressed by means of

ratification;

(b) it is otherwise established that the negotiating States were agreed

that ratification should be required;

ratification; or

(d) the intention of the State to sign the treaty subject to ratification

appears from the full powers of its representative or was expressed

during the negotiation.

2. The consent of a State to be bound by a treaty is expressed by

acceptance or approval under conditions similar to those which apply to

ratification.

Article 15

Consent to be bound by a treaty expressed 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 negotiating States were agreed

that such consent may be expressed by that State by means of

accession; or

expressed by that State by means of accession.

Article 16.

Exchange or deposit of instruments of ratification,

acceptance, approval or accession

Unless the treaty otherwise provides, instruments of ratification,

acceptance, approval or accession establish the consent of a State to be

bound by a treaty upon:

(a) their exchange between the contracting States;

(b) their deposit with the depositary; or

50 agreed.

Article 17

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 entry 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

(b) it has expressed its consent to be bound by the treaty, pending the

entry into force of the treaty and provided that such entry into

force is not unduly delayed.

SECTION 2. RESERVATIONS

Article 19

Formulation of reservations

A State may, when signing, ratifying, accepting, approving or acceding to a

treaty, formulate a reservation unless:

(a) the reservation is prohibited by the treaty;

(b) the treaty provides that only specified reservations, which do not

include the reservation in question, may be made; or

reservation is incompatible with the object and purpose of the

treaty.

Article 20

Acceptance of and objection to reservations

1. A reservation expressly authorized by a treaty does not require any

subsequent acceptance by the other contracting States unless the treaty so

provides.

2. When it appears from the limited number of the negotiating States and

the object and purpose of a treaty that the application of the treaty in

its entirety between all the parties is an essential condition of the

consent of each one to be bound by the treaty, a reservation requires

acceptance by all the parties.

3. When a treaty is a constituent instrument of an international

organization and unless it otherwise provides, a reservation requires the

acceptance of the competent organ of that organization.

4. In cases not falling under the preceding paragraphs and unless the

treaty otherwise provides:

(a) acceptance by another contracting State of a reservation constitutes

the reserving State a party 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 objecting

and reserving States unless a contrary intention is definitely

expressed by the objecting State;

containing a reservation is effective as soon as at least one other

contracting State has accepted the reservation.

5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise

provides, a reservation is considered to have been accepted by a State if

it shall have raised no objection to the reservation by the end of a period

of twelve months after it was notified of the reservation or by the date on

which it expressed its consent to be bound by the treaty, whichever is

later.

Article 21

Legal effects of reservations and of objections to reservations

1. A reservation established with regard to another party in accordance

with articles 19, 20 and 23:

(a) modifies for the reserving State in its relations with that other

party the provisions of the treaty to which the reservation relates

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 provisions

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 be withdrawn at

any time and the consent of a State which has accepted the reservation 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 has been received by

that State;

(b) the withdrawal of an objection to a reservation becomes operative

only when notice of it has been received by the State which

formulated the reservation.

Article 23

Procedure regarding reservations

1. A reservation, an express acceptance of a reservation and an objection

to a reservation must be formulated in writing and communicated to the

contracting States and other States entitled to become parties to the

treaty.

2. If formulated when signing the treaty subject to ratification,

acceptance or approval, a reservation must be formally confirmed by the

reserving State when expressing its consent to be bound by the treaty. In

such a case the reservation shall be considered as having been made on the

date of its confirmation.

3. An express acceptance of, or an objection to, a reservation made

previously to confirmation of the reservation does not itself require

confirmation.

4. The withdrawal of a reservation or of an objection to a reservation must

be formulated in writing.

SECTION 3. ENTRY INTO FORCE AND PROVISIONAL

APPLICATION OF TREATIES

Article 24

Entry into force

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

provide or as the negotiating States may agree.

2. Failing any such provision or agreement, a treaty enters into force as

soon as consent 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 regulating 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 other matters arising necessarily before the entry into

force of the treaty apply from the time of the adoption of its text.

Article 25

Provisional application

1. A treaty or a part of a treaty is applied provisionally pending its

entry into force if:

(a) the treaty itself so provides; or

(b) the negotiating States have in some other manner so agreed.

2. Unless the treaty otherwise provides or the negotiating States have

otherwise agreed, the provisional application of a treaty or a part of a

treaty with respect to a State shall be terminated if that State notifies

the other States between which the treaty is being applied provisionally of

its intention not to become a party to the treaty.

PART III

OBSERVANCE, APPLICATION AND

INTERPRETATION OF TREATIES

SECTION 1. OBSERVANCE OF TREATIES

Article 26

Pacta sunt servanda

Every treaty in force is binding upon the parties to it and must be

performed by them in good faith.

Article 27

Internal law and observance of treaties

A party may not invoke the provisions of its internal law as justification

for its failure to perform a treaty. This rule is without prejudice to

article 46.

SECTION 2. APPLICATION OF TREATIES

Article 28

Non-retroactivity of treaties

Unless a different intention appears from the treaty or is otherwise

established, 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.

Article 29

Territorial scope of treaties

Unless a different intention appears from the treaty or is otherwise

established, a treaty is binding upon each party in respect of its entire

territory.

Article 30

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 with the following

paragraphs.

2. When a treaty specifies that it is subject to, or that it is not to be

considered as incompatible with, an earlier or later treaty, 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

provisions are compatible with those of the latter treaty.

4. When the parties to the later treaty do not include all the parties to

the earlier one:

(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 article 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.

SECTION 3. INTERPRETATION OF TREATIES

Article 31

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 object and purpose.

2. The context for the purpose of the interpretation of a treaty shall

comprise, in addition to the text, including its preamble and annexes:

(a) any agreement relating to the treaty which was made between all the

parties in connexion with the conclusion of the treaty;

(b) any instrument which was made by one or more parties in connexion

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

interpretation 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

interpretation;

between the parties.

4. A special meaning shall be given to a term if it is established that the

parties so intended.

Article 32

Supplementary means of interpretation

Recourse may be had to supplementary means of interpretation, including the

preparatory work of the treaty and the circumstances of its conclusion, in

order to confirm the meaning resulting from the application of article 31,

or to determine the meaning when the interpretation according to article

31:

(a) leaves the meaning ambiguous or obscure; or

(b) leads to a result which is manifestly absurd or unreasonable.

Article 33

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 paragraph 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.

SECTION 4. TREATIES AND THIRD STATES

Article 34

General rule regarding third States

A treaty does not create either obligations or rights for a third State

without its consent.

Article 35

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.

Article 36

Treaties providing for rights for third States

1. A right arises for a 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 a group of States to which it belongs, or to all

States, and the third State assents thereto. Its assent shall be presumed

so long as the contrary is not indicated, unless the treaty otherwise

provides.

2. A State exercising a right in accordance with paragraph 1 shall comply

with the conditions for its exercise provided for in the treaty or

established in conformity with the treaty.

Article 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 with the consent

of the parties to the treaty and of the third State, unless it is

established 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

established that the right was intended not to be revocable or subject to

modification without the consent of the third State.

Article 38

Rules in a treaty becoming binding on third States

through international custom

Nothing in articles 34 to 37 precludes a rule set forth in a treaty from

becoming binding upon a third State as a customary rule of international

law, recognized as such.

PART IV

AMENDMENT AND MODIFICATION

OF TREATIES

Article 39

General rule regarding the amendment of treaties

A treaty may be amended by agreement between the parties. The rules laid

down in Part II apply to such an agreement except in so far as the treaty

may otherwise provide.

Article 40

Amendment 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 a multilateral treaty as between all the parties

must be notified to all the contracting States, each one of which shall

have the right to take part in:

(a) the decision as to the action to be taken in regard to such proposal;

(b) the negotiation and conclusion of any agreement for the amendment of

the treaty.

3. Every State entitled to become a party to the treaty shall also be

entitled to become a party to the treaty as amended.

4. The amending agreement does not bind any State already a party to the

treaty which does not become a party to the amending agreement; article 30,

paragraph 4(b), applies in relation to such State.

5. Any State which becomes a party to the treaty after the entry into force

of the amending agreement shall, failing an expression of a different

intention by that State:

(a) be considered as a 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.

Article 41

Agreements to modify multilateral treaties between

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 a modification is provided for by the treaty;

(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 obligations;

(ii) does not relate to a provision, derogation from which is

incompatible with the effective execution of the object and purpose

of the treaty as a whole.

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

intention to conclude the agreement and of the modification to the treaty

for which it provides.

PART V

INVALIDITY, TERMINATION AND SUSPENSION

OF THE OPERATION OF TREATIES

SECTION 1. GENERAL PROVISIONS

Article 42

Validity and continuance in force of treaties

1. The validity of a treaty or of the consent of a State to be bound by a

treaty may be 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 as a result of the application of the provisions

of the treaty or of the present Convention. The same rule applies to

suspension of the operation of a treaty.

Article 43

Obligations imposed by international law independently of a treaty

The invalidity, termination or denunciation of a treaty, the withdrawal of

a party from it, or the suspension of its operation, as a result of the

application of the present Convention or of the provisions of the treaty,

shall not in any way impair the duty of any State to fulfil any obligation

embodied in the treaty to which it would be subject under international law

independently of the treaty.

Article 44

Separability of treaty provisions

1. A right of a party, provided for in a treaty or arising under article

56, to denounce, withdraw from or suspend the operation of the treaty may

be exercised only with respect to the whole treaty unless the treaty

otherwise provides or the parties otherwise agree.

2. A ground for invalidating, terminating, withdrawing from or suspending

the operation of a treaty recognized in the present Convention may be

invoked only with respect to the whole treaty except as provided in the

following paragraphs or in article 60.

3. If the ground relates solely to particular clauses, it may be invoked

only with respect to those clauses where:

(a) the said clauses are separable from the remainder of the treaty with

regard to their application;

(b) it appears from the treaty or is otherwise established that

acceptance of those clauses was not an essential basis of the consent

of the other party or parties to be bound by the treaty as a whole;

and

unjust.

4. 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.

Article 45

Loss of a right to invoke 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 a treaty under articles 46

to 50 or articles 60 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

(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.

SECTION 2. INVALIDITY OF TREATIES

Article 46

Provisions of internal law regarding competence to conclude treaties

1. A State may not invoke the fact that its consent to be 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

unless 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.

Article 47

Specific restrictions on authority to express the consent of a State

If the authority of a representative to express the consent of a State to

be bound by a particular treaty has been made subject to a specific

restriction, his omission to observe that restriction may not be invoked as

invalidating the consent expressed by him unless the restriction was

notified to the other negotiating States prior to his expressing such

consent.

Article 48

Error

1. A State may invoke an error in a treaty as invalidating its consent to

be bound by the treaty if the error relates to a fact or situation which

was assumed by that State to exist at the time when the treaty was

concluded 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 circumstances were such as to put that

State on notice of a 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.

Article 49

Fraud

If a State has been induced to conclude a treaty by the fraudulent conduct

of another negotiating State, the State may invoke the fraud as

invalidating its consent to be bound by the treaty.

Article 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 directly or

indirectly by another negotiating State, 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.

Article 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 a subsequent norm of general international law having the

same character.

SECTION 3. TERMINATION 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 may 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.

Article 55

Reduction of the parties to a multilateral treaty below the

number 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.

Article 56

Denunciation of or withdrawal from a treaty containing no provision

regarding termination, 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 that the parties intended to admit the possibility

of denunciation or withdrawal; or

(b) a right of denunciation 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 from a treaty under paragraph 1.

Article 57

Suspension of the operation of a treaty under 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.

Article 58

Suspension of the operation of a multilateral treaty by

agreement between certain of the parties only

1. Two or more parties to a multilateral treaty may conclude an agreement

to suspend the operation of provisions of the treaty, temporarily and as

between themselves alone, if:

(a) the possibility of such a suspension is provided for by the treaty;

(b) the suspension 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 obligations;

(ii) is not incompatible with the object and purpose of the treaty.

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

intention to conclude the agreement and of those provisions of the treaty

the operation of which they intend to suspend.

Article 59

Termination or suspension of the operation of a treaty

implied by conclusion of a later treaty

1. A treaty shall be considered as terminated if all the parties to it

conclude a 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;

(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 same time.

2. The earlier treaty shall be considered as only suspended in operation if

it appears from the later treaty or is otherwise established that such was

the intention of the parties.

Article 60

Termination or suspension of the operation of a treaty

as a consequence of its breach

1. A material breach of a bilateral treaty by one of the parties entitles

the other to invoke the breach as a ground 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

entitles:

(a) the other parties by unanimous agreement to suspend the operation of

the treaty in whole or in part or to terminate it either:

(i) in the relations between themselves 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;

ground for suspending the operation of the treaty in whole or in part

with respect to itself if the treaty is of such a character 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:

(a) a repudiation of the treaty not sanctioned by the present Convention;

(b) the violation of a provision essential to the accomplishment of the

object or purpose of the treaty.

4. The foregoing paragraphs are without prejudice to any provision in the

treaty applicable in the event of a 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.

Article 61

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 results from

the permanent disappearance or destruction of an object indispensable for

the execution of the treaty. If the impossibility is temporary, it may be

invoked only as a ground for suspending the operation of the treaty.

2. Impossibility of performance may not be invoked by a party as a ground

for terminating, withdrawing from or suspending the operation of a treaty

if the impossibility 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.

Article 62

Fundamental change of circumstances

1. A fundamental change of circumstances which has occurred with regard to

those existing at the time of the conclusion of a treaty, and which was not

foreseen by the parties, may not be invoked as a ground for terminating or

withdrawing from the treaty unless:

(a) the existence of those circumstances 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

obligations still to be performed under the treaty.

2. A fundamental change of circumstances may not be invoked as a ground for

terminating or withdrawing from a treaty:

(a) if the treaty establishes a boundary; or

(b) if the fundamental change is the result of a breach by the party

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 fundamental

change of circumstances as a ground for terminating or withdrawing from a

treaty it may also invoke the change as a ground for suspending the

operation of the treaty.

Article 63

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.

Article 64

Emergence of a new peremptory norm of general

international law (jus cogens)

If a new peremptory norm of general international law emerges, any existing

treaty which is in conflict with that norm becomes void and terminates.

SECTION 4. PROCEDURE

Article 65

Procedure to be followed with respect to invalidity, termination,

withdrawal from or suspension of the operation of a treaty

1. A party which, under the provisions of the present Convention, invokes

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

notification, no party has raised any objection, the party making the

notification 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

obligations 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

previously made the notification prescribed in paragraph 1 shall not

prevent it from making such notification in answer to another party

claiming performance of the treaty or alleging its violation.

Article 66

Procedures for judicial settlement, arbitration and conciliation

If, under paragraph 3 of article 65, no solution has been reached within a

period of 12 months 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 articles 53 or 64 may, by a written application,

submit it to the International Court of Justice for a decision unless

the parties by common consent agree to submit the dispute 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 Annexe to

the Convention by submitting a request to that effect to the

Secretary-General of the United Nations.

Article 67

Instruments for declaring invalid, terminating, withdrawing 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 suspending

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 instrument

communicated to the other parties. If the instrument is not signed by the

Head of State, 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 notification or instrument provided for in articles 65 or 67 may be

revoked at any time before it takes effect.

SECTION 5. CONSEQUENCES OF THE INVALIDITY,

TERMINATION OR SUSPENSION OF THE

OPERATION OF A TREATY

Article 69

Consequences of the invalidity of a treaty

1. A treaty the invalidity of which is established under the present

Convention is void. The provisions of a void treaty have no legal force.

2. If acts have nevertheless been performed in reliance on such a 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 cases falling under articles 49, 50, 51 or 52, paragraph 2 does not

apply with respect to the party to which the fraud, the act 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.

Article 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 from a multilateral treaty, paragraph

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 norm of general international law

1. In the case of a treaty which is void under article 53 the parties

shall:

(a) eliminate as far as possible the consequences of any act performed in

reliance on any provision which conflicts with the peremptory norm of

general international law; and

(b) bring their mutual relations into conformity with the peremptory norm

of general international law.

2. In the case of a treaty which becomes void and terminates under article

64, the termination of the treaty:

(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; provided that those rights, obligations or situations

may thereafter be maintained only to the extent that their

maintenance is not in itself in conflict with the new peremptory norm

of general international law.

Article 72

Consequences of the suspension of the operation of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree, the

suspension of the operation of a treaty under its provisions or in

accordance 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. During 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 succession, State responsibility and

outbreak of hostilities

The provisions of the present Convention shall not prejudge any question

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.

Article 74

Diplomatic and consular relations and the conclusion of treaties

The severance or absence of diplomatic or consular relations between two or

more States does 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.

Article 75

Case of an 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.

PART VII

DEPOSITARIES, NOTIFICATIONS, CORRECTIONS

AND REGISTRATION

Article 76

Depositaries of treaties

1. The designation of the depositary of a treaty may be made by the

negotiating States, either in the treaty itself 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 performance. 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) keeping custody of the original text of the treaty and of any full

powers delivered to the depositary;

(b) 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;

custody of any instruments, notifications and communications relating

to it;

(d) examining whether the signature or any instrument, notification or

communication 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;

(e) informing the parties and the States entitled to become parties to

the treaty of acts, notifications and communications relating to the

treaty;

(f) informing the States entitled to become parties to the treaty when

the number of signatures or of instruments of ratification,

acceptance, approval or accession required for the entry into force

of the treaty has been received or deposited;

(g) registering the treaty with the Secretariat of the United Nations;

(h) performing the functions specified in other provisions of the present

Convention.

2. In the event of any difference appearing between a 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.

Article 78

Notifications 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;

(b) 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 case

may be, upon its receipt by the depositary;

State for which it was intended only when the latter State has been

informed by the depositary in accordance with article 77, paragraph 1

(e).

Article 79

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 duly authorized representatives;

(b) by executing or exchanging an instrument or instruments setting out

the correction which it has been agreed to make; or

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 procŠs-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;

(b) an objection has been raised, the depositary shall communicate the

objection to the signatory States and to the contracting States.

3. The rules in paragraphs 1 and 2 apply also where 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

signatory States and the contracting States otherwise decide.

5. The correction of the text of a treaty that has been registered shall be

notified to the Secretariat of the United Nations.

6. Where an error is discovered in a certified copy of a treaty, the

depositary shall execute a procŠs-verbal specifying the rectification and

communicate a copy of it to the signatory States and to the contracting

Slates.

Article 80

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 case may be, and for publication.

2. 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 Members of

the United Nations or of any of the specialized agencies or of the

International Atomic Energy Agency or parties to the Statute of the

International Court of Justice, and by any other State invited by the

General Assembly of the United Nations to become a party to the Convention,

as follows: until 30 November 1969, at the Federal Ministry for Foreign

Affairs of the Republic of Austria, and subsequently, until 30 April 1970,

at United Nations Headquarters, New York.

Article 82

Ratification

The present Convention is subject to ratification. The instruments of

ratification shall be deposited with the Secretary-General of the United

Nations.

Article 83

Accession

The present Convention shall remain open for accession by any State

belonging to any of the categories mentioned in article 81. The instruments

of accession shall be deposited with the Secretary-General of the United

Nations.

Article 84

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 deposit

of the thirty-fifth instrument of ratification or accession, the Convention

shall enter into force on the thirtieth day after deposit by such State of

its instrument of ratification or accession.

Article 85

Authentic texts

The original of the present Convention, of which the Chinese, English,

French, Russian and Spanish texts are equally authentic, shall be deposited

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 hundred and

sixty-nine.

A N N E X

1. A list of conciliators consisting of qualified jurists shall be drawn up

and maintained by the Secretary-General of the United Nations. To this end,

every State which is a 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 nominated 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.

2. When a request has been made to the Secretary-General under article 66,

the Secretary-General shall bring the dispute before a 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 chosen from 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

last 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 appointment, it

shall be made by the Secretary-General within sixty days following 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

appointment.

3. The Conciliation Commission shall decide its own procedure. The

Commission, 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.

Decisions and recommendations of the Commission shall be made by a majority

vote of the five members.

4. The Commission may draw the attention of the parties to the dispute to

any measures which might facilitate an amicable settlement.

5. The Commission shall hear the parties, examine the claims and

objections, and make proposals to the parties with a view to reaching an

amicable settlement of the dispute.

6. The Commission shall report within twelve months of its constitution.

Its report shall be deposited with the Secretary-General and transmitted to

the parties to the dispute. The report of the Commission, including any

conclusions stated therein regarding the facts or questions of law, shall

not be binding upon the parties and it shall have no other character than

that of recommendations submitted for the consideration of the parties in

order to facilitate an amicable settlement of the dispute.

7. The Secretary-General shall provide the Commission with such assistance

and facilities as it may require. The expenses of the Commission shall be

borne by the United Nations.