identifier: Vienna Convention on the Law of Treaties

conclusionPlace: Vienna

entryIntoForce: 27 January 1980, in accordance with article 84(1).

title: Vienna Convention on the Law of Treaties

country: Afghanistan

country: Albania

country: Algeria

country: Andorra

country: Argentina

country: Armenia

country: Australia

country: Austria

country: Azerbaijan

country: Bahrain

country: Barbados

country: Belarus

country: Belgium

country: Bulgaria

country: Burkina Faso

country: Cambodia

country: Cameroon

country: Canada

country: Central African Republic

country: Chile

country: China

country: Colombia

country: Congo

country: Costa Rica

country: Côte d'Ivoire

country: Ecuador

country: Egypt

country: El Salvador

country: Estonia

country: Ethiopia

country: Finland

country: Gabon

country: Georgia

country: Germany

country: Ghana

country: Greece

country: Guatemala

country: Guinea

country: Guyana

country: Haiti

text: Vienna Convention on the Law of Treaties

text: Done at Vienna on 23 May 1969. Entered into force on 27 January 1980.

text: United Nations, Treaty Series, vol. 1155, p. 331

text: Copyright © United Nations

text: Done at Vienna on 23 May 1969

text: The States Parties to the present Convention,

text: Considering the fundamental role of treaties in the history of international relations,

text: Recognizing the ever-increasing importance of treaties as a source of international law and as a

text: means of developing peaceful cooperation among nations, whatever their constitutional and social

text: systems,

text: Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are

text: universally recognized,

text: Affirming that disputes concerning treaties, like other international disputes, should be settled by

text: peaceful means and in conformity with the principles of justice and international law,

text: Recalling the determination of the peoples of the United Nations to establish conditions under

text: which justice and respect for the obligations arising from treaties can be maintained,

text: Having in mind the principles of international law embodied in the Charter of the United Nations,

text: such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and

text: independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the

text: threat or use of force and of universal respect for, and observance of, human rights and fundamental

text: freedoms for all,

text: Believing that the codification and progressive development of the law of treaties achieved in the

text: present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the

text: maintenance of international peace and security, the development of friendly relations and the

text: achievement of cooperation among nations,

text: Affirming that the rules of customary international law will continue to govern questions not

text: regulated by the provisions of the present Convention,

text: Have agreed as follows:

text: PART I.

text: INTRODUCTION

text: Preamble

text: Scope of the present Convention

text: The present Convention applies to treaties between States.

text: Article 1

text: Use of terms

text: 1. For the purposes of the present Convention:

text: “treaty” means an international agreement concluded between States in written form and governed

text: (a)

text: by international law, whether embodied in a single instrument or in two or more related instruments and

text: whatever its particular designation;

text: “ratification”, “acceptance”, “approval” and “accession” mean in each case the international act

text: (b)

text: so named whereby a State establishes on the international plane its consent to be bound by a treaty;

text: “full powers” means a document emanating from the competent authority of a State designating a

text: (c)

text: person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty,

text: for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with

text: respect to a treaty;

text: “reservation” means a unilateral statement, however phrased or named, made by a State, when

text: (d)

text: signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to

text: modify the legal effect of certain provisions of the treaty in their application to that State;

text: “negotiating State” means a State which took part in the drawing up and adoption of the text of

text: (e)

text: the treaty;

text: “contracting State” means a State which has consented to be bound by the treaty, whether or not

text: (f)

text: the treaty has entered into force;

text: “party” means a State which has consented to be bound by the treaty and for which the treaty is in

text: (g)

text: force;

text: (h)

text: “third State” means a State not a party to the treaty;

text: (i)

text: “international organization” means an intergovernmental organization.

text: 2. The provisions of paragraph 1 regarding the use of terms in the present Convention are without

text: prejudice to the use of those terms or to the meanings which may be given to them in the internal law of

text: any State.

text: Article 2

text: International agreements not within the scope

text: of the present Convention

text: The fact that the present Convention does not apply to international agreements concluded

text: between States and other subjects of international law or between such other subjects of international

text: law, or to international agreements not in written form, shall not affect:

text: (a)

text: the legal force of such agreements;

text: the application to them of any of the rules set forth in the present Convention to which they would

text: (b)

text: be subject under international law independently of the Convention;

text: the application of the Convention to the relations of States as between themselves under

text: (c)

text: international agreements to which other subjects of international law are also parties.

text: Article 3

text: Non-retroactivity of the present Convention

text: Without prejudice to the application of any rules set forth in the present Convention to which

text: treaties would be subject under international law independently of the Convention, the Convention

text: applies only to treaties which are concluded by States after the entry into force of the present

text: Convention with regard to such States.

text: Article 4

text: Treaties constituting international organizations and treaties

text: adopted within an international organization

text: The present Convention applies to any treaty which is the constituent instrument of an

text: international organization and to any treaty adopted within an international organization without

text: prejudice to any relevant rules of the organization.

text: PART II.

text: CONCLUSION AND ENTRY INTO FORCE OF TREATIES

text: SECTION 1.

text: CONCLUSION OF TREATIES

text: Article 5

text: Capacity of States to conclude treaties

text: Every State possesses capacity to conclude treaties.

text: Article 6

text: Full powers

text: 1. A person is considered as representing a State for the purpose of adopting or authenticating the

text: text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:

text: (a)

text: he produces appropriate full powers; or

text: it appears from the practice of the States concerned or from other circumstances that their

text: (b)

text: intention was to consider that person as representing the State for such purposes and to dispense with

text: full powers.

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

text: considered as representing their State:

text: Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of

text: (a)

text: performing all acts relating to the conclusion of a treaty;

text: heads of diplomatic missions, for the purpose of adopting the text of a treaty between the

text: (b)

text: accrediting State and the State to which they are accredited;

text: representatives accredited by States to an international conference or to an international

text: (c)

text: organization or one of its organs, for the purpose of adopting the text of a treaty in that conference,

text: organization or organ.

text: Article 7

text: Subsequent confirmation of an act performed

text: without authorization

text: An act relating to the conclusion of a treaty performed by a person who cannot be considered

text: under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards

text: confirmed by that State.

text: Article 8

text: Adoption of the text

text: 1. The adoption of the text of a treaty takes place by the consent of all the States participating in

text: its drawing up except as provided in paragraph 2.

text: 2. The adoption of the text of a treaty at an international conference takes place by the vote of two

text: thirds of the States present and voting, unless by the same majority they shall decide to apply a different

text: rule.

text: Article 9

text: Authentication of the text

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

text: by such procedure as may be provided for in the text or agreed upon by the States participating in

text: (a)

text: its drawing up; or

text: failing such procedure, by the signature, signature ad referendum or initialling by the

text: (b)

text: representatives of those States of the text of the treaty or of the Final Act of a conference incorporating

text: the text.

text: Article 10

text: Means of expressing consent to be bound by a treaty

text: The consent of a State to be bound by a treaty may be expressed by signature, exchange of

text: instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means

text: if so agreed.

text: Article 11

text: Consent to be bound by a treaty expressed by signature

text: 1. The consent of a State to be bound by a treaty is expressed by the signature of its representative

text: when:

text: (a)

text: the treaty provides that signature shall have that effect;

text: it is otherwise established that the negotiating States were agreed that signature should have that

text: (b)

text: effect; or

text: the intention of the State to give that effect to the signature appears from the full powers of its

text: (c)

text: representative or was expressed during the negotiation.

text: 2. For the purposes of paragraph 1:

text: the initialling of a text constitutes a signature of the treaty when it is established that the

text: (a)

text: negotiating States so agreed;

text: the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a

text: (b)

text: full signature of the treaty.

text: Article 12

text: Consent to be bound by a treaty expressed by an

text: exchange of instruments constituting a treaty

text: The consent of States to be bound by a treaty constituted by instruments exchanged between them

text: is expressed by that exchange when:

text: (a)

text: the instruments provide that their exchange shall have that effect; or

text: it is otherwise established that those States were agreed that the exchange of instruments should

text: (b)

text: have that effect.

text: Article 13

text: Consent to be bound by a treaty expressed by ratification,

text: acceptance or approval

text: 1. The consent of a State to be bound by a treaty is expressed by ratification when:

text: (a)

text: the treaty provides for such consent to be expressed by means of ratification;

text: it is otherwise established that the negotiating States were agreed that ratification should be

text: (b)

text: required;

text: (c)

text: the representative of the State has signed the treaty subject to ratification; or

text: the intention of the State to sign the treaty subject to ratification appears from the full powers of

text: (d)

text: its representative or was expressed during the negotiation.

text: 2. The consent of a State to be bound by a treaty is expressed by acceptance or approval under

text: conditions similar to those which apply to ratification.

text: Article 14

text: Consent to be bound by a treaty expressed by accession

text: The consent of a State to be bound by a treaty is expressed by accession when:

text: (a)

text: the treaty provides that such consent may be expressed by that State by means of accession;

text: it is otherwise established that the negotiating States were agreed that such consent may be

text: (b)

text: expressed by that State by means of accession; or

text: all the parties have subsequently agreed that such consent may be expressed by that State by

text: (c)

text: means of accession.

text: Article 15

text: Exchange or deposit of instruments of ratification,

text: acceptance, approval or accession

text: Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or

text: accession establish the consent of a State to be bound by a treaty upon:

text: (a)

text: their exchange between the contracting States;

text: (b)

text: their deposit with the depositary; or

text: (c)

text: their notification to the contracting States or to the depositary, if so agreed.

text: Article 16

text: Consent to be bound by part of a treaty and

text: choice of differing provisions

text: 1. Without prejudice to articles 19 to 23, the consent of a State to be bound by part of a treaty is

text: effective only if the treaty so permits or the other contracting States so agree.

text: 2. The consent of a State to be bound by a treaty which permits a choice between differing

text: provisions is effective only if it is made clear to which of the provisions the consent relates.

text: Article 17

text: Obligation not to defeat the object and purpose

text: of a treaty prior to its entry into force

text: A State is obliged to refrain from acts which would defeat the object and purpose of a treaty

text: when:

text: it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification,

text: (a)

text: acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or

text: it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty

text: (b)

text: and provided that such entry into force is not unduly delayed.

text: SECTION 2.

text: RESERVATIONS

text: Article 18

text: Formulation of reservations

text: A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a

text: reservation unless:

text: (a)

text: the reservation is prohibited by the treaty;

text: the treaty provides that only specified reservations, which do not include the reservation in

text: (b)

text: question, may be made; or

text: in cases not failing under subparagraphs (a) and (b), the reservation is incompatible with the

text: (c)

text: object and purpose of the treaty.

text: Article 19

text: Acceptance of and objection to reservations

text: 1. A reservation expressly authorized by a treaty does not require any subsequent acceptance by

text: the other contracting States unless the treaty so provides.

text: 2. When it appears from the limited number of the negotiating States and the object and purpose of

text: a treaty that the application of the treaty in its entirety between all the parties is an essential condition of

text: the consent of each one to be bound by the treaty, a reservation requires acceptance by all the parties.

text: 3. When a treaty is a constituent instrument of an international organization and unless it

text: otherwise provides, a reservation requires the acceptance of the competent organ of that organization.

text: 4. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:

text: acceptance by another contracting State of a reservation constitutes the reserving State a party to

text: (a)

text: the treaty in relation to that other State if or when the treaty is in force for those States;

text: an objection by another contracting State to a reservation does not preclude the entry into force of

text: (b)

text: the treaty as between the objecting and reserving States unless a contrary intention is definitely

text: expressed by the objecting State;

text: an act expressing a State’s consent to be bound by the treaty and containing a reservation is

text: (c)

text: effective as soon as at least one other contracting State has accepted the reservation.

text: 5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides, a reservation is

text: considered to have been accepted by a State if it shall have raised no objection to the reservation by the

text: end of a period of twelve months after it was notified of the reservation or by the date on which it

text: expressed its consent to be bound by the treaty, whichever is later.

text: Article 20

text: Legal effects of reservations and of objections to reservations

text: 1. A reservation established with regard to another party in accordance with articles 19, 20 and 23:

text: modifies for the reserving State in its relations with that other party the provisions of the treaty to

text: (a)

text: which the reservation relates to the extent of the reservation; and

text: modifies those provisions to the same extent for that other party in its relations with the reserving

text: (b)

text: State.

text: 2. The reservation does not modify the provisions of the treaty for the other parties to the treaty

text: inter se.

text: 3. When a State objecting to a reservation has not opposed the entry into force of the treaty

text: between itself and the reserving State, the provisions to which the reservation relates do not apply as

text: between the two States to the extent of the reservation.

text: Article 21

text: Withdrawal of reservations and of

text: objections to reservations

text: 1. Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the

text: consent of a State which has accepted the reservation is not required for its withdrawal.

text: 2. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any

text: time.

text: 3. Unless the treaty otherwise provides, or it is otherwise agreed:

text: (a)

text: the withdrawal of a reservation becomes operative in relation to another contracting State only

text: when notice of it has been received by that State;

text: the withdrawal of an objection to a reservation becomes operative only when notice of it has been

text: (b)

text: received by the State which formulated the reservation.

text: Article 22

text: Procedure regarding reservations

text: 1. A reservation, an express acceptance of a reservation and an objection to a reservation must be

text: formulated in writing and communicated to the contracting States and other States entitled to become

text: parties to the treaty.

text: 2. If formulated when signing the treaty subject to ratification, acceptance or approval, a

text: reservation must be formally confirmed by the reserving State when expressing its consent to be bound

text: by the treaty. In such a case the reservation shall be considered as having been made on the date of its

text: confirmation.

text: 3. An express acceptance of, or an objection to, a reservation made previously to confirmation of

text: the reservation does not itself require confirmation.

text: 4. The withdrawal of a reservation or of an objection to a reservation must be formulated in

text: writing.

text: SECTION 3.

text: ENTRY INTO FORCE AND PROVISIONAL ,

text: APPLICATION OF TREATIES

text: Article 23

text: Entry into force

text: 1. A treaty enters into force in such manner and upon such date as it may provide or as the

text: negotiating States may agree.

text: 2. Failing any such provision or agreement, a treaty enters into force as soon as consent to be

text: bound by the treaty has been established for all the negotiating States.

text: 3. When the consent of a State to be bound by a treaty is established on a date after the treaty has

text: come into force, the treaty enters into force for that State on that date, unless the treaty otherwise

text: provides.

text: 4. The provisions of a treaty regulating the authentication of its text, the establishment of the

text: consent of States to be bound by the treaty, the manner or date of its entry into force, reservations, the

text: functions of the depositary and other matters arising necessarily before the entry into force of the treaty

text: apply from the time of the adoption of its text.

text: Article 24

text: Provisional application

text: 1. A treaty or a part of a treaty is applied provisionally pending its entry into force if:

text: (a)

text: the treaty itself so provides; or

text: (b)

text: the negotiating States have in some other manner so agreed.

text: 2. Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the

text: provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that

text: State notifies the other States between which the treaty is being applied provisionally of its intention not

text: to become a party to the treaty.

text: PART III.

text: O BSERVANCE, APPLICATION AND

text: INTERPRETATION OF TREATIES

text: SECTION 1.

text: OBSERVANCE OF TREATIES

text: Article 25

text: “Pacta sunt servanda”

text: Every treaty in force is binding upon the parties to it and must be performed by them in good

text: faith.

text: Article 26

text: Internal law and observance of treaties

text: A party may not invoke the provisions of its internal law as justification for its failure to perform

text: a treaty. This rule is without prejudice to article 46.

text: SECTION 2.

text: APPLICATION OF TREATIES

text: Article 27

text: Non-retroactivity of treaties

text: Unless a different intention appears from the treaty or is otherwise established, its provisions do

text: not bind a party in relation to any act or fact which took place or any situation which ceased to exist

text: before the date of the entry into force of the treaty with respect to that party.

text: Article 28

text: Territorial scope of treaties

text: Unless a different intention appears from the treaty or is otherwise established, a treaty is binding

text: upon each party in respect of its entire territory.

text: Article 29

text: Application of successive treaties relating to

text: the same subject matter

text: 1. Subject to Article 103 of the Charter of the United Nations, the rights and obligations of States

text: Parties to successive treaties relating to the same subject matter shall be determined in accordance with

text: the following paragraphs.

text: 2. When a treaty specifies that it is subject to, or that it is not to be considered as incompatible

text: with, an earlier or later treaty, the provisions of that other treaty prevail.

text: 3. When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty

text: is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent

text: that its provisions are compatible with those of the later treaty.

text: 4. When the parties to the later treaty do not include all the parties to the earlier one:

text: (a)

text: as between States Parties to both treaties the same rule applies as in paragraph 3;

text: as between a State party to both treaties and a State party to only one of the treaties, the treaty to

text: (b)

text: which both States are parties governs their mutual rights and obligations.

text: 5. Paragraph 4 is without prejudice to article 41, or to any question of the termination or

text: suspension of the operation of a treaty under article 60 or to any question of responsibility which may

text: arise for a State from the conclusion or application of a treaty the provisions of which are incompatible

text: with its obligations towards another State under another treaty.

text: SECTION 3.

text: INTERPRETATION OF TREATIES

text: Article 30

text: General rule of interpretation

text: 1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given

text: to the terms of the treaty in their context and in the light of its object and purpose.

text: 2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the

text: text, including its preamble and annexes:

text: any agreement relating to the treaty which was made between all the parties in connection with

text: (a)

text: the conclusion of the treaty;

text: any instrument which was made by one or more parties in connection with the conclusion of the

text: (b)

text: treaty and accepted by the other parties as an instrument related to the treaty.

text: 3. There shall be taken into account, together with the context:

text: (a)

text: any subsequent agreement between the parties regarding the interpretation of the treaty or the

text: application of its provisions;

text: any subsequent practice in the application of the treaty which establishes the agreement of the

text: (b)

text: parties regarding its interpretation;

text: (c)

text: any relevant rules of international law applicable in the relations between the parties.

text: 4. A special meaning shall be given to a term if it is established that the parties so intended.

text: Article 31

text: Supplementary means of interpretation

text: Recourse may be had to supplementary means of interpretation, including the preparatory work of

text: the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the

text: application of article 31, or to determine the meaning when the interpretation according to article 31:

text: (a)

text: leaves the meaning ambiguous or obscure; or

text: (b)

text: leads to a result which is manifestly absurd or unreasonable.

text: Article 32

text: Interpretation of treaties authenticated in two or more languages

text: 1. When a treaty has been authenticated in two or more languages, the text is equally authoritative

text: in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular

text: text shall prevail.

text: 2. A version of the treaty in a language other than one of those in which the text was authenticated

text: shall be considered an authentic text only if the treaty so provides or the parties so agree.

text: 3. The terms of the treaty are presumed to have the same meaning in each authentic text.

text: 4. Except where a particular text prevails in accordance with paragraph 1, when a comparison of

text: the authentic texts discloses a difference of meaning which the application of articles 31 and 32 does not

text: remove, the meaning which best reconciles the texts, having regard to the object and purpose of the

text: treaty, shall be adopted.

text: SECTION 4.

text: TREATIES AND THIRD STATES

text: Article 33

text: General rule regarding third States

text: A treaty does not create either obligations or rights for a third State without its consent.

text: Article 34

text: Treaties providing for obligations for third States

text: An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend

text: the provision to be the means of establishing the obligation and the third State expressly accepts that

text: obligation in writing.

text: Article 35

text: Treaties providing for rights for third States

text: 1. A right arises for a third State from a provision of a treaty if the parties to the treaty intend the

text: provision to accord that right either to the third State, or to a group of States to which it belongs, or to all

text: States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not

text: indicated, unless the treaty otherwise provides.

text: 2. A State exercising a right in accordance with paragraph 1 shall comply with the conditions for

text: its exercise provided for in the treaty or established in conformity with the treaty.

text: Article 36

text: Revocation or modification of obligations or

text: rights of third States

text: 1. When an obligation has arisen for a third State in conformity with article 35, the obligation may

text: be revoked or modified only with the consent of the parties to the treaty and of the third State, unless it

text: is established that they had otherwise agreed.

text: 2. When a right has arisen for a third State in conformity with article 36, the right may not be

text: revoked or modified by the parties if it is established that the right was intended not to be revocable or

text: subject to modification without the consent of the third State.

text: Article 37

text: Rules in a treaty becoming binding on third States

text: through international custom

text: Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming binding upon a

text: third State as a customary rule of international law, recognized as such.

text: PART IV.

text: AMENDMENT AND

text: M ODIFICATION OF TREATIES

text: Article 38

text: General rule regarding the amendment of treaties

text: A treaty may be amended by agreement between the parties. The rules laid down in Part II apply

text: to such an agreement except insofar as the treaty may otherwise provide.

text: Article 39

text: Amendment of multilateral treaties

text: 1. Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed

text: by the following paragraphs.

text: 2. Any proposal to amend a multilateral treaty as between all the parties must be notified to all the

text: contracting States, each one of which shall have the right to take part in:

text: (a)

text: the decision as to the action to be taken in regard to such proposal;

text: (b)

text: the negotiation and conclusion of any agreement for the amendment of the treaty.

text: 3. Every State entitled to become a party to the treaty shall also be entitled to become a party to

text: the treaty as amended.

text: 4. The amending agreement does not bind any State already a party to the treaty which does not

text: become a party to the amending agreement; article 30, paragraph 4 (b), applies in relation to such State.

text: 5. Any State which becomes a party to the treaty after the entry into force of the amending

text: agreement shall, failing an expression of a different intention by that State:

text: (a)

text: be considered as a party to the treaty as amended; and

text: (b)

text: be considered as a party to the unamended treaty in relation to any party to the treaty not bound

text: by the amending agreement.

text: Article 40

text: Agreements to modify multilateral treaties between

text: certain of the parties only

text: 1. Two or more of the parties to a multilateral treaty may conclude an agreement to modify the

text: treaty as between themselves alone if:

text: (a)

text: the possibility of such a modification is provided for by the treaty; or

text: (b)

text: the modification in question is not prohibited by the treaty and:

text: (i)

text: (ii)

text: does not affect the enjoyment by the other parties of their rights under the treaty or the

text: performance of their obligations;

text: does not relate to a provision, derogation from which is incompatible with the effective

text: execution of the object and purpose of the treaty as a whole.

text: 2. Unless in a case falling under paragraph 1 (a) the treaty otherwise provides, the parties in

text: question shall notify the other parties of their intention to conclude the agreement and of the

text: modification to the treaty for which it provides.

text: PART V.

text: INVALIDITY, T ERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES

text: SECTION 1.

text: GENERAL PROVISIONS

text: Article 41

text: Validity and continuance in force of treaties

text: 1. The validity of a treaty or of the consent of a State to be bound by a treaty may be impeached

text: only through the application of the present Convention.

text: 2. The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as

text: a result of the application of the provisions of the treaty or of the present Convention. The same rule

text: applies to suspension of the operation of a treaty.

text: Article 42

text: Obligations imposed by international law

text: independently of a treaty

text: The invalidity, termination or denunciation of a treaty, the withdrawal of a party from it, or the

text: suspension of its operation, as a result of the application of the present Convention or of the provisions

text: of the treaty, shall not in any way impair the duty of any State to fulfil any obligation embodied in the

text: treaty to which it would be subject under international law independently of the treaty.

text: Article 43

text: Separability of treaty provisions

text: 1. A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw

text: from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless

text: the treaty otherwise provides or the parties otherwise agree.

text: 2. A ground for invalidating, terminating, withdrawing from or suspending the operation of a

text: treaty recognized in the present Convention may be invoked only with respect to the whole treaty except

text: as provided in the following paragraphs or in article 60.

text: 3. If the ground relates solely to particular clauses, it may be invoked only with respect to those

text: clauses where:

text: (a)

text: the said clauses are separable from the remainder of the treaty with regard to their application;

text: it appears from the treaty or is otherwise established that acceptance of those clauses was not an

text: (b)

text: essential basis of the consent of the other party or parties to be bound by the treaty as a whole; and

text: (c)

text: continued performance of the remainder of the treaty would not be unjust.

text: 4. In cases falling under articles 49 and 50, the State entitled to invoke the fraud or corruption may

text: do so with respect either to the whole treaty or, subject to paragraph 3, to the particular clauses alone.

text: 5. In cases falling under articles 51, 52 and 53, no separation of the provisions of the treaty is

text: permitted.

text: Article 44

text: Loss of a right to invoke a ground for invalidating, terminating,

text: withdrawing from or suspending the operation of a treaty

text: A State may no longer invoke a ground for invalidating, terminating, withdrawing from or

text: suspending the operation of a treaty under articles 46 to 50 or articles 60 and 62 if, after becoming aware

text: of the facts:

text: it shall have expressly agreed that the treaty is valid or remains in force or continues in operation,

text: (a)

text: as the case may be; or

text: it must by reason of its conduct be considered as having acquiesced in the validity of the treaty or

text: (b)

text: in its maintenance in force or in operation, as the case may be.

text: SECTION 2.

text: INVALIDITY OF TREATIES

text: Article 45

text: Provisions of internal law regarding competence

text: to conclude treaties

text: 1. A State may not invoke the fact that its consent to be bound by a treaty has been expressed in

text: violation of a provision of its internal law regarding competence to conclude treaties as invalidating its

text: consent unless that violation was manifest and concerned a rule of its internal law of fundamental

text: importance.

text: 2. A violation is manifest if it would be objectively evident to any State conducting itself in the

text: matter in accordance with normal practice and in good faith.

text: Article 46

text: Specific restrictions on authority to express

text: the consent of a State

text: If the authority of a representative to express the consent of a State to be bound by a particular

text: treaty has been made subject to a specific restriction, his omission to observe that restriction may not be

text: invoked as invalidating the consent expressed by him unless the restriction was notified to the other

text: negotiating States prior to his expressing such consent.

text: Article 47

text: Error

text: 1. A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if

text: the error relates to a fact or situation which was assumed by that State to exist at the time when the

text: treaty was concluded and formed an essential basis of its consent to be bound by the treaty.

text: 2. Paragraph 1 shall not apply if the State in question contributed by its own conduct to the error

text: or if the circumstances were such as to put that State on notice of a possible error.

text: 3. An error relating only to the wording of the text of a treaty does not affect its validity; article 79

text: then applies.

text: Article 48

text: Fraud

text: If a State has been induced to conclude a treaty by the fraudulent conduct of another negotiating

text: State, the State may invoke the fraud as invalidating its consent to be bound by the treaty.

text: Article 49

text: Corruption of a representative of a State

text: If the expression of a State’s consent to be bound by a treaty has been procured through the

text: corruption of its representative directly or indirectly by another negotiating State, the State may invoke

text: such corruption as invalidating its consent to be bound by the treaty.

text: Article 50

text: Coercion of a representative of a State

text: The expression of a State’s consent to be bound by a treaty which has been procured by the

text: coercion of its representative through acts or threats directed against him shall be without any legal

text: effect.

text: Article 51

text: Coercion of a State by the threat or use of force

text: A treaty is void if its conclusion has been procured by the threat or use of force in violation of the

text: principles of international law embodied in the Charter of the United Nations.

text: Article 52

text: Treaties conflicting with a peremptory norm of

text: general international law (“jus cogens”)

text: A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general

text: international law. For the purposes of the present Convention, a peremptory norm of general

text: international law is a norm accepted and recognized by the international community of States as a whole

text: as a norm from which no derogation is permitted and which can be modified only by a subsequent norm

text: of general international law having the same character.

text: SECTION 3.

text: TERMINATION AND SUSPENSION

text: OF THE OPERATION OF TREATIES

text: Article 53

text: Termination of or withdrawal from a treaty under

text: its provisions or by consent of the parties

text: The termination of a treaty or the withdrawal of a party may take place:

text: (a)

text: in conformity with the provisions of the treaty; or

text: (b)

text: at any time by consent of all the parties after consultation with the other contracting States.

text: Article 54

text: Reduction of the parties to a multilateral treaty below the

text: number necessary for its entry into force

text: Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the

text: fact that the number of the parties falls below the number necessary for its entry into force.

text: Article 55

text: Denunciation of or withdrawal from a treaty containing no

text: provision regarding termination, denunciation or withdrawal

text: 1. A treaty which contains no provision regarding its termination and which does not provide for

text: denunciation or withdrawal is not subject to denunciation or withdrawal unless:

text: (a)

text: it is established that the parties intended to admit the possibility of denunciation or withdrawal; or

text: (b)

text: a right of denunciation or withdrawal may be implied by the nature of the treaty.

text: 2. A party shall give not less than twelve months’ notice of its intention to denounce or withdraw

text: from a treaty under paragraph 1.

text: Article 56

text: Suspension of the operation of a treaty under its

text: provisions or by consent of the parties

text: The operation of a treaty in regard to all the parties or to a particular party may be suspended:

text: (a)

text: (b)

text: Article 57

text: Suspension of the operation of a multilateral treaty by

text: agreement between certain of the parties only

text: 1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the

text: operation of provisions of the treaty, temporarily and as between themselves alone, if:

text: (a)

text: the possibility of such a suspension is provided for by the treaty; or

text: (b)

text: the suspension in question is not prohibited by the treaty and:

text: (i)

text: (ii)

text: performance of their obligations;

text: is not incompatible with the object and purpose of the treaty.

text: question shall notify the other parties of their intention to conclude the agreement and of those

text: provisions of the treaty the operation of which they intend to suspend.

text: Article 58

text: Termination or suspension of the operation of a treaty

text: implied by conclusion of a later treaty

text: 1. A treaty shall be considered as terminated if all the parties to it conclude a later treaty relating

text: to the same subject matter and:

text: it appears from the later treaty or is otherwise established that the parties intended that the matter

text: (a)

text: should be governed by that treaty; or

text: the provisions of the later treaty are so far incompatible with those of the earlier one that the two

text: (b)

text: treaties are not capable of being applied at the same time.

text: 2. The earlier treaty shall be considered as only suspended in operation if it appears from the later

text: treaty or is otherwise established that such was the intention of the parties.

text: Article 59

text: as a consequence of its breach

text: 1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the

text: breach as a ground for terminating the treaty or suspending its operation in whole or in part.

text: 2. A material breach of a multilateral treaty by one of the parties entitles:

text: the other parties by unanimous agreement to suspend the operation of the treaty in whole or in

text: (a)

text: (i)

text: (ii)

text: in the relations between themselves and the defaulting State; or

text: as between all the parties;

text: a party specially affected by the breach to invoke it as a ground for suspending the operation of

text: (b)

text: the treaty in whole or in part in the relations between itself and the defaulting State;

text: any party other than the defaulting State to invoke the breach as a ground for suspending the

text: (c)

text: operation of the treaty in whole or in part with respect to itself if the treaty is of such a character that a

text: material breach of its provisions by one party radically changes the position of every party with respect

text: to the further performance of its obligations under the treaty.

text: 3. A material breach of a treaty, for the purposes of this article, consists in:

text: (a)

text: a repudiation of the treaty not sanctioned by the present Convention; or

text: (b)

text: the violation of a provision essential to the accomplishment of the object or purpose of the treaty.

text: 4. The foregoing paragraphs are without prejudice to any provision in the treaty applicable in the

text: event of a breach.

text: 5. Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person

text: contained in treaties of a humanitarian character, in particular to provisions prohibiting any form of

text: reprisals against persons protected by such treaties.

text: Article 60

text: Supervening impossibility of performance

text: 1. A party may invoke the impossibility of performing a treaty as a ground for terminating or

text: withdrawing from it if the impossibility results from the permanent disappearance or destruction of an

text: object indispensable for the execution of the treaty. If the impossibility is temporary, it may be invoked

text: only as a ground for suspending the operation of the treaty.

text: 2. Impossibility of performance may not be invoked by a party as a ground for terminating,

text: withdrawing from or suspending the operation of a treaty if the impossibility is the result of a breach by

text: that party either of an obligation under the treaty or of any other international obligation owed to any

text: other party to the treaty.

text: Article 61

text: Fundamental change of circumstances

text: 1. A fundamental change of circumstances which has occurred with regard to those existing at the

text: time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a

text: ground for terminating or withdrawing from the treaty unless:

text: the existence of those circumstances constituted an essential basis of the consent of the parties to

text: (a)

text: be bound by the treaty; and

text: the effect of the change is radically to transform the extent of obligations still to be performed

text: (b)

text: under the treaty.

text: 2. A fundamental change of circumstances may not be invoked as a ground for terminating or

text: withdrawing from a treaty:

text: (a)

text: if the treaty establishes a boundary; or

text: if the fundamental change is the result of a breach by the party invoking it either of an obligation

text: (b)

text: under the treaty or of any other international obligation owed to any other party to the treaty.

text: 3. If, under the foregoing paragraphs, a party may invoke a fundamental change of circumstances

text: as a ground for terminating or withdrawing from a treaty it may also invoke the change as a ground for

text: suspending the operation of the treaty.

text: Article 62

text: Severance of diplomatic or consular relations

text: The severance of diplomatic or consular relations between parties to a treaty does not affect the

text: legal relations established between them by the treaty except insofar as the existence of diplomatic or

text: consular relations is indispensable for the application of the treaty.

text: Article 63

text: Emergence of a new peremptory norm of general

text: international law (“jus cogens”)

text: If a new peremptory norm of general international law emerges, any existing treaty which is in

text: conflict with that norm becomes void and terminates.

text: SECTION 4.

text: PROCEDURE

text: Article 64

text: Procedure to be followed with respect to invalidity,

text: termination, withdrawal from or suspension of the

text: operation of a treaty

text: 1. A party which, under the provisions of the present Convention, invokes either a defect in its

text: consent to be bound by a treaty or a ground for impeaching the validity of a treaty, terminating it,

text: withdrawing from it or suspending its operation, must notify the other parties of its claim. The

text: notification shall indicate the measure proposed to be taken with respect to the treaty and the reasons

text: therefor.

text: 2. If, after the expiry of a period which, except in cases of special urgency, shall not be less than

text: three months after the receipt of the notification, no party has raised any objection, the party making the

text: notification may carry out in the manner provided in article 67 the measure which it has proposed.

text: 3. If, however, objection has been raised by any other party, the parties shall seek a solution

text: through the means indicated in Article 33 of the Charter of the United Nations.

text: 4. Nothing in the foregoing paragraphs shall affect the rights or obligations of the parties under

text: any provisions in force binding the parties with regard to the settlement of disputes.

text: 5. Without prejudice to article 45, the fact that a State has not previously made the notification

text: prescribed in paragraph 1 shall not prevent it from making such notification in answer to another party

text: claiming performance of the treaty or alleging its violation.

text: Article 65

text: Procedures for judicial settlement, arbitration and conciliation

text: If, under paragraph 3 of article 65, no solution has been reached within a period of 12 months

text: following the date on which the objection was raised, the following procedures shall be followed:

text: any one of the parties to a dispute concerning the application or the interpretation of article 53 or

text: (a)

text: 64 may, by a written application, submit it to the International Court of Justice for a decision unless the

text: parties by common consent agree to submit the dispute to arbitration;

text: any one of the parties to a dispute concerning the application or the interpretation of any of the

text: (b)

text: other articles in part V of the present Convention may set in motion the procedure specified in the Annex

text: to the Convention by submitting a request to that effect to the Secretary-General of the United Nations.

text: Article 66

text: Instruments for declaring invalid, terminating, withdrawing

text: from or suspending the operation of a treaty

text: 1. The notification provided for under article 65, paragraph 1, must be made in writing.

text: 2. Any act of declaring invalid, terminating, withdrawing from or suspending the operation of a

text: treaty pursuant to the provisions of the treaty or of paragraphs 2 or 3 of article 65 shall be carried out

text: through an instrument communicated to the other parties. If the instrument is not signed by the Head of

text: State, Head of Government or Minister for Foreign Affairs, the representative of the State

text: communicating it may be called upon to produce full powers.

text: Article 67

text: Revocation of notifications and instruments provided

text: for in articles 65 and 67

text: A notification or instrument provided for in article 65 or 67 may be revoked at any time before it

text: takes effect.

text: SECTION 5.

text: CONSEQUENCES OF THE INVALIDITY, TERMINATION

text: OR SUSPENSION OF THE OPERATION OF A TREATY

text: Article 68

text: Consequences of the invalidity of a treaty

text: 1. A treaty the invalidity of which is established under the present Convention is void. The

text: provisions of a void treaty have no legal force.

text: 2. If acts have nevertheless been performed in reliance on such a treaty:

text: each party may require any other party to establish as far as possible in their mutual relations the

text: (a)

text: position that would have existed if the acts had not been performed;

text: acts performed in good faith before the invalidity was invoked are not rendered unlawful by

text: (b)

text: reason only of the invalidity of the treaty.

text: 3. In cases falling under article 49, 50, 51 or 52, paragraph 2 does not apply with respect to the

text: party to which the fraud, the act of corruption or the coercion is imputable.

text: 4. In the case of the invalidity of a particular State’s consent to be bound by a multilateral treaty,

text: the foregoing rules apply in the relations between that State and the parties to the treaty.

text: Article 69

text: Consequences of the termination of a treaty

text: 1. Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty

text: under its provisions or in accordance with the present Convention:

text: (a)

text: releases the parties from any obligation further to perform the treaty;

text: does not affect any right, obligation or legal situation of the parties created through the execution

text: (b)

text: of the treaty prior to its termination.

text: 2. If a State denounces or withdraws from a multilateral treaty, paragraph 1 applies in the relations

text: between that State and each of the other parties to the treaty from the date when such denunciation or

text: withdrawal takes effect.

text: Article 70

text: Consequences of the invalidity of a treaty which conflicts

text: with a peremptory norm of general international law

text: 1. In the case of a treaty which is void under article 53 the parties shall:

text: eliminate as far as possible the consequences of any act performed in reliance on any provision

text: (a)

text: which conflicts with the peremptory norm of general international law; and

text: (b)

text: law.

text: bring their mutual relations into conformity with the peremptory norm of general international

text: 2. In the case of a treaty which becomes void and terminates under article 64, the termination of

text: the treaty:

text: (a)

text: (b)

text: of the treaty prior to its termination, provided that those rights, obligations or situations may thereafter

text: be maintained only to the extent that their maintenance is not in itself in conflict with the new

text: peremptory norm of general international law.

text: Article 71

text: Consequences of the suspension of the operation of a treaty

text: 1. Unless the treaty otherwise provides or the parties otherwise agree, the suspension of the

text: operation of a treaty under its provisions or in accordance with the present Convention:

text: releases the parties between which the operation of the treaty is suspended from the obligation to

text: (a)

text: perform the treaty in their mutual relations during the period of the suspension;

text: (b)

text: does not otherwise affect the legal relations between the parties established by the treaty.

text: 2. During the period of the suspension the parties shall refrain from acts tending to obstruct the

text: resumption of the operation of the treaty.

text: PART VI.

text: M ISCELLANEOUS PROVISIONS

text: Article 72

text: Cases of State succession, State responsibility

text: and outbreak of hostilities

text: The provisions of the present Convention shall not prejudge any question that may arise in regard

text: to a treaty from a succession of States or from the international responsibility of a State or from the

text: outbreak of hostilities between States.

text: Article 73

text: Diplomatic and consular relations and the

text: conclusion of treaties

text: The severance or absence of diplomatic or consular relations between two or more States does not

text: prevent the conclusion of treaties between those States. The conclusion of a treaty does not in itself

text: affect the situation in regard to diplomatic or consular relations.

text: Article 74

text: Case of an aggressor State

text: The provisions of the present Convention are without prejudice to any obligation in relation to a

text: treaty which may arise for an aggressor State in consequence of measures taken in conformity with the

text: Charter of the United Nations with reference to that State’s aggression.

text: PART VII.

text: DEPOSITARIES , NOTIFICATIONS,

text: CORRECTIONS AND REGISTRATION

text: Article 75

text: Depositaries of treaties

text: 1. The designation of the depositary of a treaty may be made by the negotiating States, either in

text: the treaty itself or in some other manner. The depositary may be one or more States, an international

text: organization or the chief administrative officer of the organization.

text: 2. The functions of the depositary of a treaty are international in character and the depositary is

text: under an obligation to act impartially in their performance. In particular, the fact that a treaty has not

text: entered into force between certain of the parties or that a difference has appeared between a State and a

text: depositary with regard to the performance of the latter’s functions shall not affect that obligation.

text: Article 76

text: Functions of depositaries

text: 1. The functions of a depositary, unless otherwise provided in the treaty or agreed by the

text: contracting States, comprise in particular:

text: keeping custody of the original text of the treaty and of any full powers delivered to the

text: (a)

text: depositary;

text: preparing certified copies of the original text and preparing any further text of the treaty in such

text: (b)

text: additional languages as may be required by the treaty and transmitting them to the parties and to the

text: States entitled to become parties to the treaty;

text: receiving any signatures to the treaty and receiving and keeping custody of any instruments,

text: (c)

text: notifications and communications relating to it;

text: examining whether the signature or any instrument, notification or communication relating to the

text: (d)

text: treaty is in due and proper form and, if need be, bringing the matter to the attention of the State in

text: question;

text: informing the parties and the States entitled to become parties to the treaty of acts, notifications

text: (e)

text: and communications relating to the treaty;

text: (f)

text: informing the States entitled to become parties to the treaty when the number of signatures or of

text: instruments of ratification, acceptance, approval or accession required for the entry into force of the

text: treaty has been received or deposited;

text: (g)

text: registering the treaty with the Secretariat of the United Nations;

text: (h)

text: performing the functions specified in other provisions of the present Convention.

text: 2. In the event of any difference appearing between a State and the depositary as to the

text: performance of the latter’s functions, the depositary shall bring the question to the attention of the

text: signatory States and the contracting States or, where appropriate, of the competent organ of the

text: international organization concerned.

text: Article 77

text: Notifications and communications

text: Except as the treaty or the present Convention otherwise provide, any notification or

text: communication to be made by any State under the present Convention shall:

text: if there is no depositary, be transmitted direct to the States for which it is intended, or if there is a

text: (a)

text: depositary, to the latter;

text: be considered as having been made by the State in question only upon its receipt by the State to

text: (b)

text: which it was transmitted or, as the case may be, upon its receipt by the depositary;

text: if transmitted to a depositary, be considered as received by the State for which it was intended

text: (c)

text: only when the latter State has been informed by the depositary in accordance with article 77, paragraph 1

text: (e).

text: Article 78

text: Correction of errors in texts or in certified copies

text: of treaties

text: 1. Where, after the authentication of the text of a treaty, the signatory States and the contracting

text: States are agreed that it contains an error, the error shall, unless they decide upon some other means of

text: correction, be corrected:

text: by having the appropriate correction made in the text and causing the correction to be initialled by

text: (a)

text: duly authorized representatives;

text: by executing or exchanging an instrument or instruments setting out the correction which it has

text: (b)

text: been agreed to make; or

text: by executing a corrected text of the whole treaty by the same procedure as in the case of the

text: (c)

text: original text.

text: 2. Where the treaty is one for which there is a depositary, the latter shall notify the signatory

text: States and the contracting States of the error and of the proposal to correct it and shall specify an

text: appropriate time-limit within which objection to the proposed correction may be raised. If, on the expiry

text: of the time-limit:

text: no objection has been raised, the depositary shall make and initial the correction in the text and

text: (a)

text: shall execute a procès-verbal of the rectification of the text and communicate a copy of it to the parties

text: and to the States entitled to become parties to the treaty;

text: an objection has been raised, the depositary shall communicate the objection to the signatory

text: (b)

text: States and to the contracting States.

text: 3. The rules in paragraphs I and 2 apply also where the text has been authenticated in two or more

text: languages and it appears that there is a lack of concordance which the signatory States and the

text: contracting States agree should be corrected.

text: 4. The corrected text replaces the defective text ab initio, unless the signatory States and the

text: contracting States otherwise decide.

text: 5. The correction of the text of a treaty that has been registered shall be notified to the Secretariat

text: of the United Nations.

text: 6. Where an error is discovered in a certified copy of a treaty, the depositary shall execute a

text: procès-verbal specifying the rectification and communicate a copy of it to the signatory States and to the

text: contracting States.

text: Article 79

text: Registration and publication of treaties

text: 1. Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations

text: for registration or filing and recording, as the case may be, and for publication.

text: 2. The designation of a depositary shall constitute authorization for it to perform the acts specified

text: in the preceding paragraph.

text: PART VIII.

text: FINAL PROVISIONS

text: Article 80

text: Signature

text: The present Convention shall be open for signature by all States Members of the United Nations

text: or of any of the specialized agencies or of the International Atomic Energy Agency or parties to the

text: Statute of the International Court of Justice, and by any other State invited by the General Assembly of

text: the United Nations to become a party to the Convention, as follows: until 30 November 1969, at the

text: Federal Ministry for Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970, at

text: United Nations Headquarters, New York.

text: Article 81

text: Ratification

text: The present Convention is subject to ratification. The instruments of ratification shall be

text: deposited with the Secretary-General of the United Nations.

text: Article 82

text: Accession

text: The present Convention shall remain open for accession by any State belonging to any of the

text: categories mentioned in article 81. The instruments of accession shall be deposited with the SecretaryGeneral of the United Nations.

text: Article 83

text: Entry into force

text: 1. The present Convention shall enter into force on the thirtieth day following the date of deposit

text: of the thirty-fifth instrument of ratification or accession.

text: 2. For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth

text: instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after

text: deposit by such State of its instrument of ratification or accession.

text: Article 84

text: Authentic texts

text: The original of the present Convention, of which the Chinese, English, French, Russian and

text: Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

text: IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their

text: respective Governments, have signed the present Convention.

text: D ONE at Vienna this twenty-third day of May, one thousand nine hundred and sixty-nine.

text: 1. A list of conciliators consisting of qualified jurists shall be drawn up and maintained by the

text: Secretary-General of the United Nations. To this end, every State which is a Member of the United

text: Nations or a party to the present Convention shall be invited to nominate two conciliators, and the names

text: of the persons so nominated shall constitute the list. The term of a conciliator, including that of any

text: conciliator nominated to fill a casual vacancy, shall be five years and may be renewed. A conciliator

text: whose term expires shall continue to fulfil any function for which he shall have been chosen under the

text: following paragraph.

text: 2. When a request has been made to the Secretary-General under article 66, the Secretary-General

text: shall bring the dispute before a conciliation commission constituted as follows:

text: The State or States constituting one of the parties to the dispute shall appoint:

text: one conciliator of the nationality of that State or of one of those States, who may or may not be

text: (a)

text: chosen from the list referred to in paragraph 1; and

text: one conciliator not of the nationality of that State or of any of those States, who shall be chosen

text: (b)

text: from the list.

text: The State or States constituting the other party to the dispute shall appoint two conciliators in the same

text: way. The four conciliators chosen by the parties shall be appointed within sixty days following the date

text: on which the Secretary-General receives the request.

text: The four conciliators shall, within sixty days following the date of the last of their own appointments,

text: appoint a fifth conciliator chosen from the list, who shall be chairman.

text: If the appointment of the chairman or of any of the other conciliators has not been made within the

text: period prescribed above for such appointment, it shall be made by the Secretary-General within sixty

text: days following the expiry of that period. The appointment of the chairman may be made by the

text: Secretary-General either from the list or from the membership of the International Law Commission.

text: Any of the periods within which appointments must be made may be extended by agreement between the

text: parties to the dispute.

text: Any vacancy shall be filled in the manner prescribed for the initial appointment.

text: 3. The Conciliation Commission shall decide its own procedure. The Commission, with the

text: consent of the parties to the dispute, may invite any party to the treaty to submit to it its views orally or

text: in writing. Decisions and recommendations of the Commission shall be made by a majority vote of the

text: five members.

text: 4. The Commission may draw the attention of the parties to the dispute to any measures which

text: might facilitate an amicable settlement.

text: 5. The Commission shall hear the parties, examine the claims and objections, and make proposals

text: to the parties with a view to reaching an amicable settlement of the dispute.

text: 6. The Commission shall report within twelve months of its constitution. Its report shall be

text: deposited with the Secretary-General and transmitted to the parties to the dispute. The report of the

text: Commission, including any conclusions stated therein regarding the facts or questions of law, shall not

text: be binding upon the parties and it shall have no other character than that of recommendations submitted

text: for the consideration of the parties in order to facilitate an amicable settlement of the dispute.

text: 7. The Secretary-General shall provide the Commission with such assistance and facilities as it

text: may require. The expenses of the Commission shall be borne by the United Nations.

text: Article 85