Ирина Эланс

Автор который поможет с любыми образовательными и учебными заданиями

Research on Vienna Convention

UNITED NATIONS CONVENTION ON THE LAW OF TREATIES

SIGNED AT VIENNA 23 MAY 1969

****************************************************************************

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 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

*********************

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;

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

-----------------------------------------------------------------------------

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;

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.

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.

PART II - CONCLUSION AND ENTRY INTO FORCE OF TREATIES

*****************************************************

SECTION 1. - 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:

(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;

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.

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

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

(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;

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

by that State by means of accession.

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

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.

SECTION 2. - 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

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;

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.

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 3. - 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.

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 1. - 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.

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 latter treaty.

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 3. - 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 connexion with the conclusion of the treaty;

(b) any instrument which was made by one or more parties in connexion 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;

(b) any subsequent practice in the application of the treaty which establishes

the agreement of the parties regarding its interpretation;

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.

SECTION 4. - 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.