1









Sovereign Law Series

Vienna “Convention on the Law
of Treaties” of 1969


Short-Form Reference:

1969 “Convention on Law of Treaties”

In-Line Micro Reference:

1969 “Law of Treaties”

Ratification / Registration:

UN Treaty Series Vol. 1155, p.331, Vienna (23 May 1969)


© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.

The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).



2


Introductory Notes by the Independent Judiciary

Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:

Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



3


Official Text of this Law Source as Ratified

Convention on the Law of Treaties

Preamble

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 cooperation 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 cooperation among
nations;

Affirming that the rules of customary international law will continue to govern
questions not regulated by the provisions of the present Convention;

4

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;

(c)
“full powers” means a document emanating from the competent
authority 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;

5

(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;

(c)
the application of the Convention to the relations of States as 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.



6


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.

[This evidences that a constitutional Charter is legally a “treaty which is the
constituent instrument” creating the legal entity of an “international organization”.
This specifically means an “inter-governmental organization [IGO]” (Article 2(i)). This
proves that an IGO is established by its Charter alone, and is exempt from needing any
registration or incorporation in any country.]


PART II – CONCLUSION AND ENTRY INTO FORCE OF TREATIES

SECTION I – 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:
7


(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;

(c)
representatives accredited by States to an international conference 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.

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.


8


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

(c)
the intention of the State 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 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; or

9

(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;

(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 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

(c)
all the parties have subsequently agreed that such consent may be
expressed by that State by means of accession.



10


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

(c)
their notification to the contracting States 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 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.


11

SECTION II – 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

(c)
in cases not failing under subparagraphs (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 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;
12


(c)
an act expressing a State’s consent to be bound by the treaty and
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.
13


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 III – 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.

14

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 I – 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.



15


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 later treaty.

16

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 III – 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;

17

(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 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.


18

SECTION IV – 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.
19


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.

[The key phrase “third State” means one which did not sign the convention, equivalent
to a “third-party” of a contract, which can be described as a “non-signatory”. Despite
some States not signing, the convention still “becomes binding” upon them as a
“customary rule”, because it is “recognized” by the convention itself. Thus, it can be
said that a convention is “binding upon all States”, “even non-signatories”. This can be
described as binding “regardless of recognition”, because it does not depend upon the
non-signing State recognizing it, as it is already “recognized” by the convention signed
by many States.]


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 insofar 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.
20


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; 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.




21


PART V – INVALIDITY, TERMINATION AND SUSPENSION
OF THE OPERATION OF TREATIES

SECTION I – 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.

[When application of any provision of a treaty violates “rules of international law”
(Article 31.3), and thus “leads to a result which is… unreasonable” (Article 32), it can
be declared “invalid” by invoking this Article 42.1]

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 fulfill 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.

22

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 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.




23


SECTION II – 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.



24


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.



25


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 III – 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.



26


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; or

27

(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:
28


(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;

(c)
any party other than the defaulting State to invoke the breach as a
ground for suspending the operation of the treaty in whole or in part with respect to
itself if the treaty is of such a 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.
29


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 insofar as the
existence of diplomatic or consular relations is indispensable for the application of the
treaty.



30


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 IV – 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.



31


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 Article 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 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 of 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 Article 65 or 67 may be revoked at any
time before it takes effect.



32


SECTION V – 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 Article 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.

33

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.
34


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.




35


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;

(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 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;

36

(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;

(c)
if transmitted to a depositary, be considered as received by the 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;
37


(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 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 procès-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 procès-verbal specifying the rectification and communicate a copy of it to
the signatory States and to the contracting States.



38


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.


39

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.