Research on Vienna Convention

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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,

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(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

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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 

(c) in cases not falling under sub-paragraphs (a) and (b), the reservation is

incompatible with the object and purpose of the treaty. 

ARTICLE 20 - ACCEPTANCE OF AND OBJECTION TO RESERVATIONS

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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; 

(c) an act expressing a State's consent to be bound by the treaty and

containing a reservation is effective as soon as at least one other contracting

State has accepted the reservation. 

5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise

provides, a reservation is considered to have been accepted by a State if it

shall have raised no objection to the reservation by the end of a period of

twelve months after it was notified of the reservation or by the date on which

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

ARTICLE 21 - LEGAL EFFECTS OF RESERVATIONS AND OF OBJECTIONS TO RESERVATIONS

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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

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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

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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

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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

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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

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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

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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; 

(c) any relevant rules of international law applicable in the relations between

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

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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

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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

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ARTICLE 34 - GENERAL RULE REGARDING THIRD STATES

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A treaty does not create either obligations or rights for a third State without

its consent. 
 
 
 

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