VIENNA CONVENTION ON THE LAW OF TREATIES
BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS
OR BETWEEN INTERNATIONAL ORGANIZATIONS

(21 March 1986)
 
 
The Parties to the present Convention,
 

Considering the fundamental role of treaties in the history of

international relations,
 

Recognizing the consensual nature of treaties and their

ever-increasing importance as a source of international law,
 

Noting that the principles of free consent and of good faith and the

pacta sunt servanda rule are universally recognized,
 

Affirming the importance of enhancing the process of codification and

progressive development of international law at a universal level,
 

Believing that the codification and progressive development of the

rules relating to treaties between States and international organizations

or between international organizations are means of enhancing legal order

in international relations and of serving the purposes of the United

Nations,
 

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,
 

Bearing in mind the provisions of the Vienna Convention on the Law of

Treaties of 1969,
 

Recognizing the relationship between the law of treaties between

States and the law of treaties between States and international

organizations or between international organizations,
 

Considering the importance of treaties between States and

international organizations or between international organizations as a

useful means of developing international relations and ensuring

conditions for peaceful cooperation among nations, whatever their

constitutional and social systems,
 

Having in mind the specific features of treaties to which

international organizations are parties as subjects of international law

distinct from States,
 

Noting that international organizations possess the capacity to

conclude treaties which is necessary for the exercise of their functions

and the fulfillment of their purposes,
 

Recognizing that the practice of international organizations in

concluding treaties with States or between themselves should be in

accordance with their constituent instruments,
 

Affirming that nothing in the present Convention should be

interpreted as affecting those relations between an international

organization and its members which are regulated by the rules of the

organization,
 

Affirming also that disputes (concerning treaties, like other

international disputes, should be settled, in conformity with the Charter

of the United Nations, by peaceful means and in conformity with the

principles of justice and international law,
 

Affirming also 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:
 

(a) treaties between one or more States and one or more international

organizations, and
 

(b) treaties between international organizations.
 

Article 2
 

Use of terms
 

1. For the purposes of the present Convention:
 

(a) "treaty" means an international agreement governed by

international law and concluded in written form:
 

(i) between one or more States and one or more international

organizations; or
 

(ii) between international organizations,
 

whether that agreement is embodied in a single instrument or in two or

more related instruments and whatever its particular designation;
 

(b) "ratification" means the international act so named whereby a

State establishes on the international plane its consent to be bound by a

treaty;
 

(b bis) "act of formal confirmation" means an international act

corresponding to that of ratification by a State, whereby an

international organization establishes on the international plane its

consent to be bound by a treaty;
 

(b ter) "acceptance", "approval" and "accession" mean in each case the

international act so named whereby a State or an international

organization establishes on the international plane its consent to be

bound by a treaty;
 

(c) "full powers" means a document emanating from the competent

authority of a State or from the competent organ of an international

organization designating a person or persons to represent the State or

the organization for negotiating, adopting or authenticating the text of

a treaty, for expressing the consent of the State or of the organization

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 or by an international organization when signing,

ratifying, formally confirming, 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 or to

that organization;
 

(e) "negotiating State" and "negotiating organization" mean

respectively:
 

(i) a State, or

(ii) an international organization,
 

which took part in the drawing up and adoption of the text of the treaty;
 

(f) "contracting State" and "contracting organization" mean

respectively:
 

(i) a State, or

(ii) an international organization,
 

which has consented to be bound by the treaty, whether or not the treaty

has entered into force;
 

(g) "party" means a State or an international organization which has

consented to be bound by the treaty and for which the treaty is in force;
 

(h) "third State" and "third organization" mean respectively:
 

(i) a State, or

(ii) an international organization,
 

not a party to the treaty;
 

(i) "international organization" means an intergovernmental

organization;
 

(j) "rules of the organization" means, in particular, the constituent

instruments, decisions and resolutions adopted in accordance with them,

and established practice of the 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

or in the rules of any international organization.
 

Article 3
 

International agreements not within the scope

of the present Convention
 

The fact that the present Convention does not apply:
 

(i) to international agreements to which one or more States, one

or more international organizations and one or more subjects

of international law other than States or organizations are

parties;
 

(ii) to international agreements to which one or more

international organizations and one or more subjects of

international law other than States or organizations are

parties;
 

(iii) to international agreements not in written form between one

or more States and one or more international organizations,

or between international organizations; or
 

(iv) to international agreements between subjects of international

law other than States or international organizations;
 

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;
 

(c) the application of the Convention to the relations between States

and international organizations or to the relations of organizations as

between themselves, when those relations are governed by 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 between one or more States and one

or more international organizations or between international

organizations would be subject under international law independently of

the Convention, the Convention applies only to such treaties concluded

after the entry into force of the present Convention with regard to those

States and those organizations.
 

Article 5
 

Treaties constituting international organizations and

treaties adopted within an international organization
 

The present Convention applies to any treaty between one or more

States and one or more international organizations 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 international organizations to conclude treaties
 

The capacity of an international organization to conclude treaties is

governed by the rules of that organization.
 

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) that person produces appropriate full powers; or
 

(b) it appears from practice or from other circumstances that it was

the intention of the States and international organizations concerned to

consider that person as representing the State for such purposes without

having to produce 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 between one or more States and one or more

international organizations;
 

(b) representatives accredited by States to an international

conference, for the purpose of adopting the text of a treaty between

States and international organizations;
 

(c) representatives accredited by States to an international

organization or one of its organs, for the purpose of adopting the text

of a treaty in that organization or organ;
 

(d) heads of permanent missions to an international organization, for

the purpose of adopting the text of a treaty between the accrediting

States and that organization.
 

3. A person is considered as representing an international organization

for the purpose of adopting or authenticating the text of a treaty, or

expressing the consent of that organization to be bound by a treaty if:
 

(a) that person produces appropriate full powers; or
 

(b) it appears from the circumstances that it was the intention of the

States and international organizations concerned to consider that person

as representing the organization for such purposes, in accordance with

the rules of the organization, without having to produce full powers.
 

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 or an international organization for that purpose is without legal

effect unless afterwards confirmed by that State or that organization.
 

Article 9
 

Adoption of the text
 

1. The adoption of the text of a treaty takes place by the consent of

all the states and international organizations or, as the case may be,

all the organizations participating in its drawing up except as provided

in paragraph 2.
 

2. The adoption of the text of a treaty at an international conference

takes place in accordance with the procedure agreed upon by the

participants in that conference. If, however, no agreement is reached on

any such procedure, the adoption of the text shall take place by the vote

of two-thirds of the participants present and voting unless by the same

majority they shall decide to apply a different rule.
 

Article 10
 

Authentication of the text
 

1. The text of a treaty between one or more States and one or more

international organizations is established as authentic and definitive:
 

(a) by such procedure as may be provided for in the text or agreed

upon by the States and organizations participating in its drawing up; or
 

(b) failing such procedure, by the signature, signature ad referendum

or initialling by the representatives of those States and those

organizations of the text of the treaty or of the Final Act of a

conference incorporating the text.
 

2. The text of a treaty between international organizations is

established as authentic and definitive:
 

(a) by such procedure as may be provided for in the text or agreed

upon by the organizations participating in its drawing up; or
 

(b) failing such procedure, by the signature, signature ad referendum

or initialling by the representatives of those organizations 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
 

1. 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.
 

2. The consent of an international organization to be bound by a treaty

may be expressed by signature, exchange of instruments constituting a

treaty, act of formal confirmation, 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 or of an international organization to be

bound by a treaty is expressed by the signature of the representative of

that State or of that organization when:
 

(a) the treaty provides that signature shall have that effect;
 

(b) it is otherwise established that the negotiating States and

negotiating organizations or, as the case any be, the negotiating

organizations were agreed that signature should have that effect; or
 

(c) the intention of the State or organization to give that effect to

the signature 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 and negotiating

organizations or, as the case may be, the negotiating organizations so

agreed;
 

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

State or an international organization, if confirmed by his State or

organization, 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 or of international organizations 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;

or
 

(b) it is otherwise established that those States and those

organizations or, as the case may be, those organizations were agreed

that the exchange of instruments should have that effect.
 

Article 14
 

Consent to be bound by a treaty expressed by ratification,

act of formal confirmation, acceptance or approval
 

1. The consent of a State to be bound by at 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 and

negotiating organizations were agreed that ratification should be

required;
 

(c) the representative of the State has signed the treaty subject to

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 an international organization to be bound by a treaty

is expressed by an act of formal confirmation when:
 

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

an act of formal confirmation;
 

(b) it is otherwise established that the negotiating States and

negotiating organizations or, as the case may be, the negotiating

organizations were agreed that an act of formal confirmation should be

required;
 

(c) the representative of the organization has signed the treaty

subject to an act of formal confirmation; or
 

(d) the intention of the organization to sign the treaty subject to an

act of formal confirmation appears from the full powers of its

representative or was expressed during the negotiation.
 

3. The consent of a State or of an international organization to be

bound by a treaty is expressed by acceptance or approval under conditions

similar to those which apply to ratification or, as the case may be, to

an act of formal confirmation.
 

Article 15
 

Consent to be bound by a treaty expressed by accession
 

The consent of a State or of an international organization to be bound

by a treaty is expressed by accession when:
 

(a) the treaty provides that such consent may be expressed by that

State or that organization by means of accession;
 

(b) it is otherwise established that the negotiating States and

negotiating organizations or, as the case amy be, the negotiating

organizations were agreed that such consent may be expressed by that

State or that organization by means of accession; or
 

(c) all the parties have subsequently agreed that such consent may be

expressed by that State or that organization by means of accession.
 

Article 16
 

Exchange or deposit of instruments of ratification,

formal confirmation, acceptance, approval or accession
 

1. Unless the treaty otherwise provides, instruments of ratification,

instruments relating to an act of formal confirmation or instruments of

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

an international organization to be bound by treaty between one or more

States and one or more international organizations upon:
 

(a) their exchange between the contracting States and contracting

organizations;
 

(b) their deposit with the depositary; or
 

(c) their notification to the contracting States and to the

contracting organizations or to the depositary, if so agreed.
 

2. Unless the treaty otherwise provides, instruments relating to an act

of formal confirmation or instruments of acceptance, approval or

accession establish the consent of an international organization to be

bound by a treaty between international organizations upon:
 

(a) their exchange between the contracting organizations;
 

(b) their deposit with the depositary; or
 

(c) their notification to the contracting organizations or to the

depositary, if so 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 or of

an international organization to be bound by part of a treaty is

effective only if the treaty so permits, or if the contracting States and

contracting organizations or, as the case may be, the contracting

organizations so agree.
 

2. The consent of a State or of an international organization 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 or an international organization is obliged to refrain from

acts which would defeat the object and purpose of a treaty when:
 

(a) that State or that organization has signed the treaty or has

exchanged instruments constituting the treaty subject to ratification,

act of formal confirmation, acceptance or approval, until that State or

that organization shall have made its intention clear not to become a

party to the treaty; or
 

(b) that State or that organization 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 or an international organization may, when signing, ratifying,

formally confirming, 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
 

(c) in cases not falling under sub-paragraphs (a) and (b), the

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 contracting States and contracting

organizations or, as the case may be, by the contracting organizations

unless the treaty so provides.
 

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

negotiating organizations or, as the case may be, of the negotiating

organizations 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 of a reservation by a contracting State or by a

contracting organization constitutes the reserving State or international

organization a party to the treaty in relation to the accepting State or

organization if or when the treaty is in force for the reserving State or

organization and for the accepting State or organization;
 

(b) an objection by a contracting State or by a contracting

organization to a reservation does not preclude the entry into force of

the treaty as between the objecting State or international organization

and the reserving State or organization unless a contrary intention is

definitely expressed by the objecting State or organization;
 

(c) an act expressing the consent of a State or of an international

organization to be bound by the treaty and containing a reservation is

effective as soon as at least one contracting State or one contracting

organization 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 or an international organization 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 or international organization 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 or international organization.
 

2. The reservation does not modify the provisions of the treaty for the

other parties to the treaty inter se.
 

3. When a State or an international organization objecting to a

reservation has not opposed the entry into force of the treaty between

itself and the reserving State or organization, the provisions to which

the reservation relates do not apply as between the reserving State or

organization and the objecting State or organization 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 or of an international

organization 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 a

contracting State or a contracting organization only when notice of it

has been received by that State or that organization;
 

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

only when notice of it has been received by the State or international

organization 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 contracting organizations and other States

and international organizations entitled to become parties to the treaty.
 

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

formal confirmation, acceptance or approval, a reservation must be

formally confirmed by the reserving State or international organization

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 and negotiating organizations

or, as the case may be, the negotiating organizations 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 and negotiating organizations or, as the case may

be, all the negotiating organizations.
 

3. When the consent of a State or of an international organization 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 or that organization

on that date, unless the treaty otherwise provides.
 

4. The provisions of a treaty regulating the authentication of its text,

the establishment of consent 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 and negotiating organizations or, as the

case may be, the negotiating organizations have in some other manner so

agreed.
 

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

negotiating organizations or, as the case may be, the negotiating

organizations have otherwise agreed, the provisional application of a

treaty or a part of a treaty with respect to a State or an international

organization shall be terminated if that State or that organization

notifies the States and organizations with regard to 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 of States, rules of international organizations

and observance of treaties
 

1. A State party to a treaty may not invoke the provisions of its

internal law as justification for its failure to perform the treaty.
 

2. An international organization party to a treaty may not invoke the

rules of the organization as justification for its failure to perform the

treaty.
 

3. The rules contained in the preceding paragraphs are 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 between one or more States and one or more

international organizations is binding upon each State party in respect

of its entire territory.
 

Article 30
 

Application of successive treaties

relating to the same subject-matter
 

1. The rights and obligations of States and international organizations

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 later treaty.
 

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

to the earlier one:
 

(a) as between two parties, each of which is a party to both treaties,

the same rule applies as in paragraph 3;
 

(b) as between at party to both treaties and a party to only one of

the treaties, the treaty to which both 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 or

for an international organization from the conclusion or application of a

treaty the provisions of which are incompatible with its obligations

towards a State or an organization under another treaty.
 

6. The preceding paragraphs are without prejudice to the fact that, in

the event of a conflict between obligations under the Charter of the

United Nations and obligations under a treaty, the obligations under the

Charter shall prevail.
 

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 connection with the conclusion of the treaty;
 

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

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;
 

(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.
 

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 a 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 OR THIRD ORGANIZATIONS
 

Article 34
 

General rule regarding third States and third organizations
 

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

State or a third organization without the consent of that State or that

organization.
 

Article 35
 

Treaties providing for obligations

for third States or third organizations
 

An obligation arises for a third State or a third organization 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 or the

third organization expressly accepts that obligation in writing.

Acceptance by the third organization of such an obligation shall be

governed by the rules of that organization.
 

Article 36
 

Treaties providing for rights for third States or third organizations
 

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 right arises for a third organization from a provision of a teaty

if the parties to the treaty intend the provision to accord that right

either to the third organization, or to a group of international

organizations to which it belongs, or to all organizations, and the third

organization assents thereto. Its assent shall be governed by the rules

of the organization.
 

3. A State or an international organization exercising a right in

accordance with paragraph 1 or 2 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 or third organizations
 

1. When an obligation has arisen for a third State or a third

organization 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 or the third organization, unless it is established that they

had otherwise agreed.
 

2. When a right has arisen for a third State or a third organization 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 or the third organization.
 

3. The consent of an international organization party to the treaty or

of a third organization, as provided for in the foregoing paragraphs,

shall be governed by the rules of that organization.
 

Article 38
 

Rules in a treaty becoming binding on third States

or third organizations through international custom
 

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

from becoming binding upon a third State or a third organization 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
 

1. 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.
 

2. The consent of an international organization to an agreement provided

for in paragraph 1 shall be governed by the rules of that organization.
 

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 and all the

contracting organizations, 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 or international organization 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 or international

organization 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 or organization.
 

5. Any State or international organization 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 or that

organization:
 

(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; 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

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 or an

international organization 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 or of

any international organization to fulfil any obligation embodied in the

treaty to which that State or that organization 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
 

(c) continued performance of the remainder of the treaty would not be

unjust.
 

4. In cases falling under articles 49 and 50, the State or international

organization 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
 

1. 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.
 

2. An international organization 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 the conduct of the competent organ be

considered as having renounced the right to invoke that ground.
 
 

SECTION 2. INVALIDITY OF TREATIES
 

Article 46
 

Provisions of internal law of a State and rules of an international

organization 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. An international organization may not invoke the fact that its

consent to be bound by a treaty has been expressed in violation of the

rules of the organization regarding competence to conclude treaties as

invalidating its consent unless that violation was manifest and concerned

a rule of fundamental importance.
 

3. A violation is manifest if it would be objectively evident to any

State or any international organization conducting itself in the matter

in accordance with the normal practice of States and, where appropriate,

of international organizations and in good faith.
 

Article 47
 

Specific restrictions on authority to express the consent

of a State or an international organization
 

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

of an international organization 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 negotiating States and

negotiating organizations prior to his expressing such consent.
 

Article 48
 

Error
 

1. A State or an international organization 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 or that

organization to exist at the time when the treaty was concluded and

formed an essential basis of the consent of that State or that

organization to be bound by the treaty.
 

2. Paragraph 1 shall not apply if the State or international

organization in question contributed by its own conduct to the error or

if the circumstances were such as to put that State or that organization

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 80 then applies.
 

Article 49
 

Fraud
 

A State or an international organization induced to conclude a treaty

by the fraudulent conduct of a negotiating State or a negotiating

organization may invoke the fraud as invalidating its consent to be bound

by the treaty.
 

Article 50
 

Corruption of a representative of a State

or of an international organization
 

A State or an international organization the expression of whose

consent to be bound by a treaty has been procured through the corruption

of its representative directly or indirectly by a negotiating State or a

negotiating organization may invoke such corruption as invalidating its

consent to be bound by the treaty.
 

Article 51
 

Coercion of a representative of a State

or of an international organization
 

The expression by a State or an international organization of consent

to be bound by a treaty which has been procured by the coercion of the

representative of that State or that organization through acts or threats

directed against him shall be without any legal effect.
 

Article 52
 

Coercion of a State or of an international organization

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 contracting States and contracting organizations.
 

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 contracting States and contracting organizations.
 

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; or
 

(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;

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 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 international organization, 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 or international

organization;
 

(c) any party other than the defaulting State or international

organization 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 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; or
 

(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 between two or more States

and one or more international organizations if the treaty establishes a

boundary.
 

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

for terminating or withdrawing from a treaty 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.
 

4. 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 States

parties to a treaty between two or more States and one or more

international organizations does not affect the legal relations

established between those States 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. The notification or objection made by an international organization

shall be governed by the rules of that organization.
 

5. 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.
 

6. Without prejudice to article 45, the fact that a State or an

international organization 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
 

1. If, under paragraph 3 of article 65, no solution has been reached

within a period of twelve months following the date on which the

objection was raised, the procedures specified in the following

paragraphs shall be followed.
 

2. With respect to a dispute concerning the application or the

interpretation of article 53 or 64:
 

(a) if a State is a party to the dispute with one or more States, it

may, by a written application, submit the dispute to the International

Court of Justice for a decision;
 

(b) if a State is a party to the dispute to which one or more

international organizations are parties, the State may, through a Member

State of the United Nations if necessary, request the General Assembly or

the Security Council or, where appropriate, the competent organ of an

international organization which is a party to the dispute and is

authorized in accordance with Article 96 of the Charter of the United

Nations, to request an advisory opinion of the International Court of

Justice in accordance with article 65 of the Statute of the Court;
 

(c) if the United Nations or an international organization that is

authorized in accordance with Article 96 of the Charter of the United

Nations is a party to the dispute, it may request an advisory opinion of

the International Court of Justice in accordance with article 65 of the

Statute of the Court;
 

(d) if an international organization other than those referred to in

sub-paragraph (c) is a party to the dispute, it may, through a Member

State of the United Nations, follow the procedure specified in

sub-paragraph (b);
 

(e) the advisory opinion given pursuant to sub-paragraph (b), (c) or

(d) shall be accepted as decisive by all the parties to the dispute

concerned;
 

(f) if the request under sub-paragraph (b), (c) or (d) for an advisory

opinion of the Court is not granted, any one of the parties to the

dispute may, by written notification to the other party or parties,

submit it to arbitration in accordance with the provisions of the Annex

to the present Convention.
 

3. The provisions of paragraph 2 apply unless all the parties to a

dispute referred to in that paragraph by common consent agree to submit

the dispute to an arbitration procedure, including the one specified in

the Annex to the present Convention.
 

4. With respect to a dispute concerning the application or the

interpretation of any of the articles in Part V, other than articles 53

and 64, of the present Convention, any one of the parties to the dispute

may set in motion the conciliation procedure specified in the Annex 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

emanating from a State 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. If the

instrument emanates from an international organization, the

representative of the organization 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 the consent of a particular State or

a particular international organization to be bound by a multilateral

treaty, the foregoing rules apply in the relations between that State or

that organization 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 it State or an international organization denounces or withdraws

from a multilateral treaty, paragraph 1 applies in the relations between

that State or that organization 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
 

Relationship to the Vienna Convention on the Law of Treaties
 

As between States parties to the Vienna Convention on the Law of

Treaties of 1969, the relations of those States under a treaty between

two or more States and one or more international organizations shall be

governed by that Convention.
 

Article 74
 

Questions not prejudged by the present Convention
 

1. The provisions of the present Convention shall not prejudge any

question that may arise in regard to a treaty between one or more States

and one or more international organizations from a succession of States

or from the international responsibility of a State or from the outbreak

of hostilities between States.
 

2. The provisions of the present Convention shall not prejudge any

question that may arise in regard to a treaty from the international

responsibility of an international organization, from the termination of

the existence of the organization or from the termination of

participation by a State in the membership of the organization.
 

3. The provisions of the present Convention shall not prejudge any

question that may arise in regard to the establishment of obligations and

rights for States members of an international organization under a treaty

to which that organization is a party.
 

Article 75
 

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

two or more of those States and one or more international organizations.

The conclusion of such a treaty does not in itself affect the situation

in regard to diplomatic or consular relations.
 

Article 76

Case of an aggressor State
 

The provisions of the present Convention are without prejudice to any

obligation in relation to a treaty between one or more States and one or

more international organizations 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 77
 

Depositaries of treaties
 

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

negotiating States and negotiating organizations or, as the case may be,

the negotiating organizations, 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 or an international organization and a

depositary with regard to the performance of the latter's functions shall

not affect that obligation.
 

Article 78
 

Functions of depositaries
 

1. The functions of a depositary, unless otherwise provided in the

treaty or agreed by the contracting States and contracting organizations

or, as the case may be, by the contracting organizations, 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 and international orgaizations entitled to become parties to the

treaty;
 

(c) receiving any signatures to the treaty and receiving and keeping

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 or

international organization in question;
 

(e) informing the parties and the States and international

organizations entitled to become parties to the treaty of acts,

notifications and communications relating to the treaty;
 

(f) informing the States and international organizations entitled to

become parties to the treaty when the number of signatures or of

instruments of ratification, instruments relating to an act of formal

confirmation, or of instruments of 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 or an

international organization and the depositary as to the performance of

the latter's functions, the depositary shall bring the question to the

attention of:
 

(a) the signatory States and organizations and the contracting States

and contracting organizations; or
 

(b) where appropriate, the competent organ of the international

organization concerned.
 

Article 79
 

Notifications and communications
 

Except as the treaty or the present Convention otherwise provide, any

notification or communication to be made by any State or any

international organization under the present Convention shall:
 

(a) if there is no depositary, be transmitted direct to the States and

organizations for which it is intended, or if there is a depositary, to

the latter;
 

(b) be considered as having been nude by the State or organization in

question only upon its receipt by the State or organization to which it

was transmitted or, as the case may be, upon its receipt by the

depositary;
 

(c) if transmitted to a depositary, be considered as received by the

State or organization for which it was intended only when the latter

State or organization has been informed by the depositary in accordance

with article 78, paragraph 1(e).
 

Article 80
 

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 international organizations and the contracting

States and contracting organizations are agreed that it contains an

error, the error shall, unless those States and organizations 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
 

(c) by executing a 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 international organizations and the

contracting States and contracting organizations 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 procs-verbal of

the rectification of the text and communicate a copy of it to the parties

and to the States and organizations entitled to become parties to the

treaty;
 

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

objection to the signatory States and organizations and to the

contracting States and contracting organizations.
 

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 international

organizations and the contracting States and contracting organizations

agree should be corrected.
 

4. The corrected text replaces the defective text ab initio, unless the

signatory States and international organizations and the contracting

States and contracting organizations 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 procs-verbal specifying the rectification and

communicate a copy of it to the signatory States and international

organizations and to the contracting States and contracting

organizations.
 

Article 81
 

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 82
 

Signature
 

The present Convention shall be open for signature until 31 December

1986 at the Federal Ministry for Foreign Affairs of the Republic of

Austria, and subsequently, until 30 June 1987, at United Nations

Headquarters, New York by:
 

(a) all States;
 

(b) Namibia, represented by the United Nations Council for Namibia;
 

(c) international organizations invited to participate in the United

Nations Conference on the Law of Treaties between States and

International Organizations or between International Organizations.
 

Article 83
 

Ratification or act of formal confirmation
 

The present Convention is subject to ratification by States and by

Namibia, represented by the United Nations Council for Namibia, and to

acts of formal confirmation by international organizations. The

instruments of ratification and those relating to acts of formal

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

Nations.
 

Article 84
 

Accession
 

1. The present Convention shall remain open for accession by any State,

by Namibia, represented by the United Nations Council for Namibia, and by

any international organization which has the capacity to conclude

treaties.
 

2. An instrument of accession of an international organization shall

contain a declaration that it has the capacity to conclude treaties.
 

3. The instruments of accession shall be deposited with the

Secretary-General of the United Nations.
 

Article 85
 

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 by States or by Namibia, represented by the

United Nations Council for Namibia.
 

2. For each State or for Namibia, represented by the United Nations

Council for Namibia, ratifying or acceding to the Convention after the

condition specified in paragraph 1 has been fulfilled, the Convention

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

or by Namibia of its instrument of ratification or accession.
 

3. For each international organization depositing an instrument relating

to an act of formal confirmation or an instrument of accession, the

Convention shall enter into force on the thirtieth day after such

deposit, or at the date the Convention enters into force pursuant to

paragraph 1, whichever is later.
 

Article 86
 

Authentic texts
 

The original of the present Convention, of which the Arabic, 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 by their respective Governments, and duly authorized

representatives of the United Nations Council for Namibia and of

international organizations have signed the present Convention.
 

DONE at VIENNA this twenty-first day of March one thousand nine

hundred and eighty-six.
 
 

ANNEX
 

ARBITRATION AND CONCILIATION PROCEDURES

ESTABLISHED IN APPLICATION OF ARTICLE 66
 

I. ESTABLISHMENT OF THE ARBITRAL TRIBUNAL

OR CONCILIATION COMMISSION
 

1. A list consisting of qualified jurists, from which the parties to a

dispute may choose the persons who are to constitute an arbitral tribunal

or, as the case may be, a conciliation commission, 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 and every party to

the present Convention shall be invited to nominate two persons, and the

names of the persons so nominated shall constitute the list, a copy of

which shall be transmitted to the President of the International Court of

Justice. The term of office of a person on the list, including that of

any person nominated to fill a casual vacancy, shall be five years and

may be renewed. A person whose term expires shall continue to fulfil any

function for which he shall have been chosen under the following

paragraphs.
 

2. When notification has been made under article 66, paragraph 2,

sub-paragraph (f), or agreement on the procedure in the present Annex has

been reached under paragraph 3, the dispute shall be brought before an

arbitral tribunal. When a request has been made to the Secretary-General

under article 66, paragraph 4, the Secretary-General shall bring the

dispute before a conciliation commission. Both the arbitral tribunal and

the conciliation commission shall be constituted as follows:
 

The States, international organizations or, as the case may be, the

States and organizations which constitute one of the parties to the

dispute shall appoint by common consent:
 

(a) one arbitrator or, as the case may be, one conciliator, who may or

may not be chosen from the list referred to in paragraph 1; and
 

(b) one arbitrator or, as the case may be, one conciliator, who shall

be chosen from among those included in the list and shall not be of the

nationality of any of the States or nominated by any of the organizations

which constitute that party to the dispute, provided that a dispute

between two international organizations is not considered by nationals of

one and the same State.
 

The States, international organizations or, as the case may be, the

States and organizations which constitute the other party to the dispute

shall appoint two arbitrators or, as the case may be, two conciliators,

in the same way. The four persons chosen by the parties shall be

appointed within sixty days following the date on which the other party

to the dispute receives notification under article 66, paragraph 2,

sub-paragraph (f), or on which the agreement on the procedure in the

present Annex under paragraph 3 is reached, or on which the

Secretary-General receives the request for conciliation.
 

The four persons so chosen shall, within sixty days following the

date of the last of their own appointments, appoint from the list a fifth

arbitrator or, as the case may be, conciliator, who shall be chairman.
 

If the appointment of the chairman, or any of the arbitrators or, as

the case may be, conciliators, has not been made within the period

prescribed above for such appointment, it shall be made by the

Secretary-General of the United Nations 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. If the United Nations is a party or is included

in one of the parties to the dispute, the Secretary-General shall

transmit the above-mentioned request to the President of the

International Court of Justice, who shall perform the functions conferred

upon the Secretary-General under this sub-paragraph.
 

Any vacancy shall be filled in the manner prescribed for the initial

appointment.
 

The appointment of arbitrators or conciliators by an international

organization provided for in paragraphs 1 and 2 shall be governed by the

rules of that organization.
 

II. FUNCTIONING OF THE ARBITRAL TRIBUNAL
 

3. Unless the parties to the dispute otherwise agree, the Arbitral

Tribunal shall decide its own procedure, assuring to each party to the

dispute a full opportunity to be heard and to present its case.
 

4. The Arbitral Tribunal, with the consent of the parties to the

dispute, may invite any interested State or international organization to

submit to it its views orally or in writing.
 

5. Decisions of the Arbitral Tribunal shall be adopted by a majority

vote of the members. In the event of an equality of votes, the vote of

the Chairman shall be decisive.
 

6. When one of the parties to the dispute does not appear before the

Tribunal or fails to defend its case, the other party may request the

Tribunal to continue the proceedings and to make its award. Before making

its award, the Tribunal must satisfy itself not only that it has

jurisdiction over the dispute but also that the claim is well founded in

fact and law.
 

7. The award of the Arbitral Tribunal shall be confined to the

subject-matter of the dispute and state the reasons on which it is based.

Any member of the Tribunal may attach a separate or dissenting opinion to

the award.
 

8. The award shall be final and without appeal. It shall be complied

with by all parties to the dispute.
 

9. The Secretary-General shall provide the Tribunal with such assistance

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

borne by the United Nations.
 
 

III. FUNCTIONING OF THE CONCILIATION COMMISSION
 

10. 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.
 

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

to any measures which might facilitate an amicable settlement.
 

12. 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.
 

13. 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.
 

14. 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.