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The States Parties to the present
Convention,
...
...
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,
...
...
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,
...
ARTICLE-1: Scope of the present Convention [go to this ARTICLE]
ARTICLE-2: Use of terms [go to this ARTICLE]
... (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; ...
... (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; ...
... (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; ...
... (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; ...
... (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; ...
... (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; ...
... 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 [go to this ARTICLE]
... 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: ...
... (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 [go to this ARTICLE]
... 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. ...
... 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-6: Capacity of States to conclude treaties [go to this ARTICLE]
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: ...
... 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: ...
... (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. ...
... (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; ...
... (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 [go to this ARTICLE]
... 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. ...
... 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 [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. ...
... 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 [go to this ARTICLE]
... (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 [go to this ARTICLE]
... 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: ...
... (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. ...
... (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 [go to this ARTICLE]
... The consent of States to be bound by a treaty
constituted by instruments exchanged between them is
expressed by that exchange when: ...
... (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 [go to this ARTICLE]
... (b) it is otherwise established that the negotiating States
were agreed that ratification should be required; ...
... (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 [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 ...
... (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.
...
... 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 [go to this ARTICLE]
... A State is obliged to refrain from acts which
would defeat the object and purpose of a treaty when: ...
ARTICLE-19: Formulation of reservations [go to this ARTICLE]
... A State may, when signing, ratifying, accepting,
approving or acceding to a treaty, formulate a reservation
unless:
...
ARTICLE-20: Acceptance of and objection to reservations [go to this ARTICLE]
... 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.
...
... (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; ...
... (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; ...
... (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; ...
... (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; ...
... (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; ...
... (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; ...
... (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. ...
... (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 [go to this ARTICLE]
... (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. ...
...
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. ...
...
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. ...
...
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 [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.
...
... (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; ...
... (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 [go to this ARTICLE]
... 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.
...
... 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.
...
ARTICLE-24: Entry into force [go to this ARTICLE]
... 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.
...
...
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.
...
...
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 [go to this ARTICLE]
... 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. ...
... 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. ...
... 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. ...
... 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. ...
ARTICLE-30: Application of successive treaties relating to
the same subject-matter [go to this ARTICLE]
... 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.
...
... (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. ...
... (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. ...
... (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. ...
... 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. ...
ARTICLE-34: General rule regarding third States [go to this ARTICLE]
... 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 [go to this ARTICLE]
... 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. ...
... 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 [go to this ARTICLE]
... 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.
...
... 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.
...
... 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.
...
... 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.
...
... 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 [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.
...
... 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. ...
...
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-38: Rules in a treaty becoming binding on third States
through international custom [go to this ARTICLE]
... 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. ...
ARTICLE-40: Amendment of multilateral treaties [go to this ARTICLE]
...
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: ...
... 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.
...
...
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: ...
...
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: ...
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-43: Obligations imposed by international law independently of a treaty [go to this ARTICLE]
... 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. ...
ARTICLE-44: Separability of treaty provisions [go to this ARTICLE]
... 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.
...
ARTICLE-45: Loss of a right to invoke a ground for invalidating,
terminating, withdrawing from or suspending the operation of a treaty [go to this ARTICLE]
... 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: ...
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.
...
...
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 [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. ...
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.
...