23 current and binding form of this agreements
Considering the fundamental role of treaties in the history of international relations. Recognizing the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful co-operation among nations, whatever their constitutional and social systems.
Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are universally recognized. Affirming that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law.
Recalling the determination of the peoples of the United Nations to establish conditions under which justice and respect for 23 current and binding form of this agreements 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, 23 current and binding form of this agreements development of friendly relations and the achievement of co-operation among nations. Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention.
The present Convention applies to treaties between States. For the purposes of the present Convention: The 23 current and binding form of this agreements 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 23 current and binding form of this agreements given to them in the internal law of any State. 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: 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.
The present Convention applies to any treaty which is the constituent instrument of 23 current and binding form of this agreements international organization and to any treaty adopted within an international organization without prejudice to any 23 current and binding form of this agreements rules of the organization.
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: In virtue of their functions and without having to produce full powers, the following are considered as representing their State: 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.
The adoption of the text of a treaty takes place by the consent of all the States participating in its drawing up except as provided in paragraph 2. The adoption of the text of a treaty at an international conference takes place by the vote of two-thirds of the States present and voting, unless by the same majority they shall decide to apply a different rule. The text of a treaty is established as authentic and definitive: 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.
The consent of a State to be bound by a treaty is expressed by the signature of its representative when: For the purposes of paragraph 1: The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when: The consent of a State to be bound by a treaty is expressed by ratification when: 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.
The consent of a State to be bound by a treaty is expressed by accession when: 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: 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.
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.
A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when: A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless: A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States unless the treaty so provides.
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 23 current and binding form of this agreements, a reservation requires acceptance by all the parties.
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. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides: For the purposes of paragraphs 2 and 4 23 current and binding form of this agreements 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.
A reservation established with regard to another party in accordance with articles 19, 20 and The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se.
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.
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. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time.
Unless the treaty otherwise provides, or it is otherwise agreed: 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. If formulated when signing the treaty subject to ratification, acceptance or approval, a reservation must be formally 23 current and binding form of this agreements 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. An express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation.
The withdrawal of a reservation or of an objection to a reservation must be formulated in writing. A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree. 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.
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. 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.
A treaty or a part of a treaty is applied provisionally pending its entry into force if: 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.
Every treaty in force is binding upon the parties to it and must be performed by them in good faith. 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 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 23 current and binding form of this agreements to exist before the date of the entry into force of the treaty with respect to that party.
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. Subject to Article 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.
When a treaty 23 current and binding form of this agreements 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. When all the parties to the earlier treaty are parties also to the later 23 current and binding form of this agreements but the earlier treaty is not terminated 23 current and binding form of this agreements suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with those of the latter treaty.
When the parties to the later treaty do not include all the parties to the earlier one: 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.
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. The context for the purpose of the interpretation of a treaty shall comprise, in addition 23 current and binding form of this agreements the text, including its preamble and annexes: There shall be taken into account, together with the context: A special meaning shall be given to a term if it is established that the parties so intended.
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 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.
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.
23 current and binding form of this agreements terms of the treaty are presumed to have the same meaning in each authentic text. Except where a particular text prevails in accordance with paragraph 1, when a comparison of the authentic 23 current and binding form of this agreements 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.
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.
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. 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.
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.
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. 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.
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. Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed by the following paragraphs.
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: 23 current and binding form of this agreements State entitled to become a party to the treaty shall also be entitled to become a party to the treaty as amended.
The amending agreement does not bind any State already a party to the treaty which does not become a party 23 current and binding form of this agreements the 23 current and binding form of this agreements agreement; article 30, paragraph 4 bapplies in relation to such State.
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: Two or more of the parties to a multilateral treaty may conclude an agreement to modify the treaty as between themselves alone if: 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.
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. 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. The invalidity, termination or denunciation of a treaty, the withdrawal of a party from it, or the suspension of its operation, as a result of the application of the present Convention or of the provisions of the treaty, shall not in any way impair the duty of any State to fulfil any obligation embodied in the treaty to which it would be subject under international law independently of the treaty.
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.
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 If the ground relates solely to particular clauses, it may be invoked only with respect to those clauses where: