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,.
Article 1 Scope of the present Convention. The present Convention applies to treaties between States. 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:. 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.
Article 6 Capacity of States to conclude treaties. 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:. In virtue of their functions and without having to produce full powers, the following are considered as representing their State:. 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. 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. 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:. 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. The consent of a State to be bound by a treaty is expressed by the signature of its representative when: a the treaty provides that signature shall have that effect; b it is otherwise established that the negotiating States were agreed that signature should have that effect; or c the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation.
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. The consent of a State to be bound by a treaty is expressed by ratification when:. 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:. Article 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:.
Article 17 Consent to be bound by part of a treaty and choice of differing provisions. 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. 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:. Article 19 Formulation of reservations. A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless:.
Article 20 Acceptance of and objection to reservations. A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States unless the treaty so provides. 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.
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. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:. 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. A reservation established with regard to another party in accordance with articles 19, 20 and The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se. 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. 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. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time.
Unless the treaty otherwise provides, or it is otherwise agreed:. Article 23 Procedure regarding reservations. 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.
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. An express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation.
The withdrawal of a reservation or of an objection to a reservation must be formulated in writing. A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree. Save This Word! We could talk until we're blue in the face about this quiz on words for the color "blue," but we think you should take the quiz and find out if you're a whiz at these colorful terms.
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How to use treaty in a sentence This convention is the most widely ratified treaty on the planet, and it states that children have an inherent right to life and a supportive environment in which to grow. Jen Kirby October 16, Vox. Image credits.
Word of the Day have a heart of gold. Blog Outsets and onsets! Read More. November 08, To top. Sign up for free and get access to exclusive content:. Free word lists and quizzes from Cambridge.
Tools to create your own word lists and quizzes. Word lists shared by our community of dictionary fans. Sign up now or Log in. Definitions Clear explanations of natural written and spoken English. Click on the arrows to change the translation direction. Follow us. Choose a dictionary. Clear explanations of natural written and spoken English. Usage explanations of natural written and spoken English. Once a treaty has been authenticated, states cannot unilaterally change its provisions.
If states which negotiated a given treaty do not agree on specific procedures for authentication, a treaty will usually be authenticated by signature, signature ad referendum or the initialling by the representatives of those states. If, after the authentication of a text, the signatory and contracting states are agreed that it contains an error, it can be corrected by initialling the corrected treaty text, by executing or exchanging an instrument containing the correction or by executing the corrected text of the whole treaty by the same procedure as in the case of the original text.
If there is a depositary, the depositary must communicate the proposed corrections to all signatory and contracting states. In the UN practice, the Secretary-General, in his function as depositary, informs all parties to a treaty of the errors and the proposal to correct it.
If, on the expiry of an appropriate time-limit, no objections are raised by the signatory and contracting states, the depositary circulates a proces-verbal of rectification and causes the corrections to be effected in the authentic text s. Sometimes states make "declarations" as to their understanding of some matter or as to the interpretation of a particular provision. Unlike reservations, declarations merely clarify the state's position and do not purport to exclude or modify the legal effect of a treaty.
Usually, declarations are made at the time of the deposit of the corresponding instrument or at the time of signature. The term "declaration" is used for various international instruments.
However, declarations are not always legally binding. The term is often deliberately chosen to indicate that the parties do not intend to create binding obligations but merely want to declare certain aspirations.
An example is the Rio Declaration. Declarations can however also be treaties in the generic sense intended to be binding at international law. It is therefore necessary to establish in each individual case whether the parties intended to create binding obligations. Ascertaining the intention of the parties can often be a difficult task. Some instruments entitled "declarations" were not originally intended to have binding force, but their provisions may have reflected customary international law or may have gained binding character as customary law at a later stage.
Such was the case with the Universal Declaration of Human Rights. Declarations that are intended to have binding effects could be classified as follows:. When the treaty is not subject to ratification, acceptance or approval, "definitive signature" establishes the consent of the state to be bound by the treaty.
Most bilateral treaties dealing with more routine and less politicized matters are brought into force by definitive signature, without recourse to the procedure of ratification. After a treaty has been concluded, the written instruments, which provide formal evidence of consent to be bound, and also reservations and declarations, are placed in the custody of a depositary. Unless the treaty provides otherwise, the deposit of the instruments of ratification, acceptance, approval or accession establishes the consent of a state to be bound by the treaty.
For treaties with a small number of parties, the depositary will usually be the government of the state on whose territory the treaty was signed. Sometimes various states are chosen as depositaries. Multilateral treaties usually designate an international organization or the Secretary-General of the United Nations as depositaries. The depositary must accept all notifications and documents related to the treaty, examine whether all formal requirements are met, deposit them, register the treaty and notify all relevant acts to the parties concerned.
Typically, the provisions of the treaty determine the date on which the treaty enters into force. Where the treaty does not specify a date, there is a presumption that the treaty is intended to come into force as soon as all the negotiating states have consented to be bound by the treaty.
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