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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,
(a) it has signed the treaty or has exchanged instruments constituting the
treaty subject to ratification, acceptance or approval, until it shall have
made its intention clear not to become
a party to the treaty; or
(b) it has expressed its consent to be bound by the treaty, pending the entry
into force of the treaty and provided that such entry into force is not unduly
delayed.
SECTION 2. - RESERVATIONS
=========================
ARTICLE 19 - FORMULATION OF RESERVATIONS
------------------------------
A State may, when signing, ratifying, accepting, approving or acceding to a
treaty, formulate a reservation unless:
(a) the reservation is prohibited by
the treaty;
(b) the treaty provides that only specified reservations, which do not include
the reservation in question, may be
made; or
(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
------------------------------
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
------------------------------
1. A reservation established with regard to another party in accordance with
articles 19, 20 and 23:
(a) modifies for the reserving State in its relations with that other party the
provisions of the treaty to which the reservation relates to the extent of the
reservation; and
(b) modifies those provisions to the same extent for that other party in its
relations with the reserving State.
2. The reservation does not modify the provisions of the treaty for the other
parties to the treaty inter se.
3. When a State objecting to a reservation has not opposed the entry into force
of the treaty between itself and the reserving State, the provisions to which
the reservation relates do not apply as between the two States to the extent of
the reservation.
ARTICLE 22 - WITHDRAWAL OF RESERVATIONS AND OF OBJECTIONS TO RESERVATIONS
------------------------------
1. Unless the treaty otherwise provides, a reservation may be withdrawn at any
time and the consent of a State which has accepted the reservation is not
required for its withdrawal.
2. Unless the treaty otherwise provides, an objection to a reservation may be
withdrawn at any time.
3. Unless the treaty otherwise provides,
or it is otherwise agreed:
(a) the withdrawal of a reservation becomes operative in relation to another
contracting State only when notice
of it has been received by that State;
(b) the withdrawal of an objection to a reservation becomes operative only when
notice of it has been received by the
State which formulated the reservation.
ARTICLE 23 - PROCEDURE REGARDING RESERVATIONS
------------------------------
1. A reservation, an express acceptance of a reservation and an objection to a
reservation must be formulated in writing and communicated to the contracting
States and other States entitled to
become parties to the treaty.
2. If formulated when signing the treaty subject to ratification, acceptance or
approval, a reservation must be formally confirmed by the reserving State when
expressing its consent to be bound by the treaty. In such a case the
reservation shall be considered as having been made on the date of its
confirmation.
3. An express acceptance of, or an objection to, a reservation made previously
to confirmation of the reservation
does not itself require confirmation.
4. The withdrawal of a reservation or of an objection to a reservation must be
formulated in writing.
SECTION 3. - ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES
==============================
ARTICLE 24 - ENTRY INTO FORCE
-----------------------------
1. A treaty enters into force in such manner and upon such date as it may
provide or as the negotiating States
may agree.
2. Failing any such provision or agreement, a treaty enters into force as soon
as consent to be bound by the treaty has been established for all the
negotiating States.
3. When the consent of a State to be bound by a treaty is established on a date
after the treaty has come into force, the treaty enters into force for that
State on that date, unless the treaty
otherwise provides.
4. The provisions of a treaty regulating the authentication of its text, the
establishment of the consent of States to be bound by the treaty, the manner or
date of its entry into force, reservations, the functions of the depositary and
other matters arising necessarily before the entry into force of the treaty
apply from the time of the adoption
of its text.
ARTICLE 25 - PROVISIONAL APPLICATION
------------------------------
1. A treaty or a part of a treaty is applied provisionally pending its entry
into force if:
(a) the treaty itself so provides;
or
(b) the negotiating States have in
some other manner so agreed.
2. Unless the treaty otherwise provides or the negotiating States have
otherwise agreed, the provisional application of a treaty or a part of a treaty
with respect to a State shall be terminated if that State notifies the other
States between which the treaty is being applied provisionally of its intention
not to become a party to the treaty.
PART III - OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES
******************************
SECTION 1. - OBSERVANCE OF TREATIES
==============================
ARTICLE 26 - PACTA SUNT SERVANDA
------------------------------
Every treaty in force is binding upon the parties to it and must be performed
by them in good faith.
ARTICLE 27 - INTERNAL LAW AND OBSERVANCE OF TREATIES
------------------------------
A party may not invoke the provisions of its internal law as justification for
its failure to perform a treaty. This
rule is without prejudice to article 46.
SECTION 2. - APPLICATION OF TREATIES
==============================
ARTICLE 28 - NON-RETROACTIVITY OF TREATIES
------------------------------
Unless a different intention appears from the treaty or is otherwise
established, its provisions do not bind a party in relation to any act or fact
which took place or any situation which ceased to exist before the date of the
entry into force of the treaty with
respect to that party.
ARTICLE 29 - TERRITORIAL SCOPE OF TREATIES
------------------------------
Unless a different intention appears from the treaty or is otherwise
established, a treaty is binding upon each party in respect of its entire
territory.
ARTICLE 30 - APPLICATION OF SUCCESSIVE TREATIES RELATING TO THE SAME
SUBJECT-MATTER
------------------------------
1. Subject to Article 103 of the Charter of the United Nations, the rights and
obligations of States parties to successive treaties relating to the same
subject-matter shall be determined
in accordance with the following paragraphs.
2. When a treaty specifies that it is subject to, or that it is not to be
considered as incompatible with, an earlier or later treaty, the provisions of
that other treaty prevail.
3. When all the parties to the earlier treaty are parties also to the later
treaty but the earlier treaty is not terminated or suspended in operation under
article 59, the earlier treaty applies only to the extent that its provisions
are compatible with those of the latter
treaty.
4. When the parties to the later treaty do not include all the parties to the
earlier one:
(a) as between States parties to both treaties the same rule applies as in
paragraph 3;
(b) as between a State party to both treaties and a State party to only one of
the treaties, the treaty to which both States are parties governs their mutual
rights and obligations.
5. Paragraph 4 is without prejudice to article 41, or to any question of the
termination or suspension of the operation of a treaty under article 60 or to
any question of responsibility which may arise for a State from the conclusion
or application of a treaty, the provisions of which are incompatible with its
obligations towards another State under
another treaty.
SECTION 3. - INTERPRETATION OF TREATIES
==============================
ARTICLE 31 - GENERAL RULE OF INTERPRETATION
------------------------------
1. A treaty shall be interpreted in good faith in accordance with the ordinary
meaning to be given to the terms of the treaty in their context and in the
light of its object and purpose.
2. The context for the purpose of the interpretation of a treaty shall
comprise, in addition to the text,
including its preamble and annexes:
(a) any agreement relating to the treaty which was made between all the parties
in connexion with the conclusion of
the treaty;
(b) any instrument which was made by one or more parties in connexion with the
conclusion of the treaty and accepted by the other parties as an instrument
related to the treaty.
3. There shall be taken into account,
together with the context:
(a) any subsequent agreement between the parties regarding the interpretation
of the treaty or the application of
its provisions;
(b) any subsequent practice in the application of the treaty which establishes
the agreement of the parties regarding
its interpretation;
(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
------------------------------
Recourse may be had to supplementary means of interpretation, including the
preparatory work of the treaty and the circumstances of its conclusion, in
order to confirm the meaning resulting from the application of article 31, or
to determine the meaning when the interpretation
according to article 31:
(a) leaves the meaning ambiguous or
obscure; or
(b) leads to a result which is manifestly
absurd or unreasonable.
ARTICLE 33 - INTERPRETATION OF TREATIES AUTHENTICATED IN TWO OR MORE LANGUAGES
------------------------------
1. When a treaty has been authenticated in two or more languages, the text is
equally authoritative in each language, unless the treaty provides or the
parties agree that, in case of divergence,
a particular text shall prevail.
2. A version of the treaty in a language other than one of those in which the
text was authenticated shall be considered an authentic text only if the treaty
so provides or the parties so agree.
3. The terms of the treaty are presumed to have the same meaning in each
authentic text.
4. Except where a particular text prevails in accordance with paragraph 1, when
a comparison of the authentic texts discloses a difference of meaning which the
application of articles 31 and 32 does not remove, the meaning which best
reconciles the texts, having regard to the object and purpose of the treaty,
shall be adopted.
SECTION 4. - TREATIES AND THIRD STATES
==============================
ARTICLE 34 - GENERAL RULE REGARDING THIRD STATES
------------------------------
A treaty does not create either obligations or rights for a third State without
its consent.