Research on Vienna Convention

UNITED NATIONS CONVENTION ON THE LAW OF TREATIES

SIGNED AT VIENNA 23 MAY 1969

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PREAMBLE

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The States Parties to the present Convention 

Considering the fundamental role of treaties in the history of international

relations, 

Recognizing the ever-increasing importance of treaties as a source of

international law and as a means of developing peaceful co-operation among

nations, whatever their constitutional and social systems, 

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

servanda rule are universally recognized, 

Affirming that disputes concerning treaties, like other international disputes,

should be settled by peaceful means and in conformity with the principles of

justice and international law, 

Recalling the determination of the peoples of the United Nations to establish

conditions under which justice and respect for the obligations arising from

treaties can be maintained, 

Having in mind the principles of international law embodied in the Charter of

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

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

all States, of non-interference in the domestic affairs of States, of the

prohibition of the threat or use of force and of universal respect for, and

observance of, human rights and fundamental freedoms for all, 

Believing that the codification and progressive development of the law of

treaties achieved in the present Convention will promote the purposes of the

United Nations set forth in the Charter, namely, the maintenance of

international peace and security, the development of friendly relations and the

achievement of co-operation among nations, 

Affirming that the rules of customary international law will continue to govern

questions not regulated by the provisions of the present Convention, 

Have agreed as follows: 

PART I - INTRODUCTION

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ARTICLE 1 - SCOPE OF THE PRESENT CONVENTION

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The present Convention applies to treaties between States. 

ARTICLE 2 - USE OF TERMS

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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; 

(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

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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

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

Convention to which treaties would be subject under international law

independently of the Convention, the Convention applies only to treaties which

are concluded by States after the entry into force of the present Convention

with regard to such States. 

ARTICLE 5 - TREATIES CONSTITUTING INTERNATIONAL ORGANIZATIONS AND TREATIES

ADOPTED WITHIN AN INTERNATIONAL ORGANIZATION

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The present Convention applies to any treaty which is the constituent

instrument of an international organization and to any treaty adopted within an

international organization without prejudice to any relevant rules of the

organization. 

PART II - CONCLUSION AND ENTRY INTO FORCE OF TREATIES

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SECTION 1. - CONCLUSION OF TREATIES

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ARTICLE 6 - CAPACITY OF STATES TO CONCLUDE TREATIES

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Every State possesses capacity to conclude treaties. 

ARTICLE 7 - FULL POWERS

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1. A person is considered as representing a State for the purpose of adopting

or authenticating the text of a treaty or for the purpose of expressing the

consent of the State to be bound by a treaty if: 

(a) he produces appropriate full powers; or 

(b) it appears from the practice of the States concerned or from other

circumstances that their intention was to consider that person as representing

the State for such purposes and to dispense with full powers. 

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

following are considered as representing their State: 

(a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for

the purpose of performing all acts relating to the conclusion of a treaty; 

(b) heads of diplomatic missions, for the purpose of adopting the text of a

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

accredited; 

(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

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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

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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

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The text of a treaty is established as authentic and definitive: 

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

States participating in its drawing up; or 

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

initialling by the representatives of those States of the text of the treaty or

of the Final Act of a conference incorporating the text. 

ARTICLE 11 - MEANS OF EXPRESSING CONSENT TO BE BOUND BY A TREATY

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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

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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

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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 

(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

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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

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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. 

ARTICLE 16 - EXCHANGE OR DEPOSIT OF INSTRUMENTS OF RATIFICATION, ACCEPTANCE,

APPROVAL OR ACCESSION

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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

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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

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A State is obliged to refrain from acts which would defeat the object and

purpose of a treaty when: