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consent [Global Index]
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Noting that the principles of free consent and of good
faith and the pacta sunt servanda rule are universally recognized,
...
ARTICLE-2: Use of terms [go to this ARTICLE]
... (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; ...
ARTICLE-7: Full powers [go to this ARTICLE]
... 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: ...
ARTICLE-9: Adoption of the text [go to this ARTICLE]
... 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-11: Means of expressing consent to be bound by a treaty [go to this ARTICLE]
... 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 [go to this ARTICLE]
... 1. The consent of a State to be bound by a treaty
is expressed by the signature of its representative when: ...
ARTICLE-13: Consent to be bound by a treaty expressed by an
exchange of instruments constituting a treaty [go to this ARTICLE]
... 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: ...
ARTICLE-14: Consent to be bound by a treaty expressed by ratification,
acceptance or approval [go to this ARTICLE]
... 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 [go to this ARTICLE]
... (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 [go to this ARTICLE]
... 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: ...
ARTICLE-17: Consent to be bound by part of a treaty and choice
of differing provisions [go to this ARTICLE]
... 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. ...
...
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 [go to this ARTICLE]
... (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. ...
ARTICLE-20: Acceptance of and objection to reservations [go to this ARTICLE]
...
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.
...
... (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-22: Withdrawal of reservations and of objections to
reservations [go to this ARTICLE]
... 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.
...
ARTICLE-23: Procedure regarding reservations [go to this ARTICLE]
...
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.
...
ARTICLE-24: Entry into force [go to this ARTICLE]
...
2. Failing any such provision or agreement, a treaty
enters into force as soon as consent to be bound by the
treaty has been established for all the negotiating States.
...
...
3. When the consent of a State to be bound by a treaty
is established on a date after the treaty has come into
force, the treaty enters into force for that State on
that date, unless the treaty otherwise provides.
...
...
4. The provisions of a treaty regulating the authentication
of its text, the establishment of the consent of States
to be bound by the treaty, the manner or date of its
entry into force, reservations, the functions of the depositary
and other matters arising necessarily before the entry into force
of the treaty apply from the time of the adoption of its text. ...
ARTICLE-34: General rule regarding third States [go to this ARTICLE]
... A treaty does not create either obligations or
rights for a third State without its consent. ...
ARTICLE-37: Revocation or modification of obligations or rights
of third States [go to this ARTICLE]
... 1. When an obligation has arisen for a third State
in conformity with article 35, the obligation may be
revoked or modified only with the consent of the parties
to the treaty and of the third State, unless it is established
that they had otherwise agreed.
...
...
2. When a right has arisen for a third State in conformity
with article 36, the right may not be revoked or modified
by the parties if it is established that the right was
intended not to be revocable or subject to modification
without the consent of the third State. ...
ARTICLE-42: Validity and continuance in force of treaties [go to this ARTICLE]
... 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.
...
ARTICLE-44: Separability of treaty provisions [go to this ARTICLE]
... (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 ...
ARTICLE-46: Provisions of internal law regarding competence to conclude treaties [go to this ARTICLE]
... 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.
...
... 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.
...
ARTICLE-47: Specific restrictions on authority to express
the consent of a State [go to this ARTICLE]
... 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. ...
... 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. ...
... 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 [go to this ARTICLE]
... 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.
...
... 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.
...
ARTICLE-49: Fraud [go to this ARTICLE]
... 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 [go to this ARTICLE]
... 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. ...
... 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 [go to this ARTICLE]
... 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-54: Termination of or withdrawal from a treaty under its provisions or by consent
of the parties [go to this ARTICLE]
... Termination of or withdrawal from a treaty under its provisions or by consent
of the parties ...
... (b) at any time by consent of all the parties after consultation
with the other contracting States. ...
ARTICLE-57: Suspension of the operation of a treaty under
its provisions or by consent of the parties [go to this ARTICLE]
... (b) at any time by consent of all the parties after consultation
with the other contracting States. ...
ARTICLE-62: Fundamental change of circumstances [go to this ARTICLE]
... (a) the existence of those circumstances constituted an essential
basis of the consent of the parties to be bound by
the treaty; and ...
ARTICLE-65: Procedure to be followed with respect to invalidity, termination, withdrawal
from or suspension of the operation of a treaty [go to this ARTICLE]
... 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.
...
ARTICLE-66: Procedures for judicial settlement, arbitration
and conciliation [go to this ARTICLE]
... (a) any one of the parties to a dispute concerning the application
or the interpretation of articles 53 or 64 may, by
a written application, submit it to the International
Court of Justice for a decision unless the parties
by common consent agree to submit the dispute to arbitration; ...
ARTICLE-69: Consequences of the invalidity of a treaty [go to this ARTICLE]
...
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. ...