Research on Vienna Convention

ARTICLE 35 - TREATIES PROVIDING FOR OBLIGATIONS FOR THIRD STATES

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An obligation arises for a third State from a provision of a treaty if the

parties to the treaty intend the provision to be the means of establishing the

obligation and the third State expressly accepts that obligation in writing. 

ARTICLE 36 - TREATIES PROVIDING FOR RIGHTS FOR THIRD STATES

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

to the treaty intend the provision to accord that right either to the third

State, or to a group of States to which it belongs, or to all States, and the

third State assents thereto. Its assent shall be presumed so long as the

contrary is not indicated, unless the treaty otherwise provides. 

2. A State exercising a right in accordance with paragraph 1 shall comply with

the conditions for its exercise provided for in the treaty or established in

conformity with the treaty. 

ARTICLE 37 - REVOCATION OR MODIFICATION OF OBLIGATIONS OR RIGHTS OF THIRD

STATES

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1. When an obligation has arisen for a third State in conformity with article

35, the obligation may be revoked or modified only with the consent of the

parties to the treaty and of the third State, unless it is established that

they had otherwise agreed. 

2. When a right has arisen for a third State in conformity with article 36, the

right may not be revoked or modified by the parties if it is established that

the right was intended not to be revocable or subject to modification without

the consent of the third State. 

ARTICLE 38 - RULES IN A TREATY BECOMING BINDING ON THIRD STATES THROUGH

INTERNATIONAL CUSTOM

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Nothing in articles 34 to 37 precludes a rule set forth in a treaty from

becoming binding upon a third State as a customary rule of international law,

recognized as such. 

PART IV - AMENDMENT AND MODIFICATION OF TREATIES

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ARTICLE 39 - GENERAL RULE REGARDING THE AMENDMENT OF TREATIES

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A treaty may be amended by agreement between the parties. The rules laid down

in Part II apply to such an agreement except in so far as the treaty may

otherwise provide. 

ARTICLE 40 - AMENDMENT OF MULTILATERAL TREATIES

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1. Unless the treaty otherwise provides, the amendment of multilateral treaties

shall be governed by the following paragraphs. 

2. Any proposal to amend a multilateral treaty as between all the parties must

be notified to all the contracting States, each one of which shall have the

right to take part in: 

(a) the decision as to the action to be taken in regard to such proposal; 

(b) the negotiation and conclusion of any agreement for the amendment of the

treaty. 

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

to become a party to the treaty as amended. 

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

which does not become a party to the amending agreement; article 30, paragraph

4(b), applies in relation to such State. 

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

the amending agreement shall, failing an expression of a different intention by

that State: 

(a) be considered as a party to the treaty as amended; and 

(b) be considered as a party to the unamended treaty in relation to any party

to the treaty not bound by the amending agreement. 

ARTICLE 41 - AGREEMENTS TO MODIFY MULTILATERAL TREATIES BETWEEN CERTAIN OF THE

PARTIES ONLY

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1. Two or more of the parties to a multilateral treaty may conclude an

agreement to modify the treaty as between themselves alone if: 

(a) the possibility of such a modification is provided for by the treaty; or 

(b) the modification in question is not prohibited by the treaty and: 

(i) does not affect the enjoyment by the other parties of their rights under

the treaty or the performance of their obligations; 

(ii) does not relate to a provision, derogation from which is incompatible with

the effective execution of the object and purpose of the treaty as a whole. 

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

the parties in question shall notify the other parties of their intention to

conclude the agreement and of the modification to the treaty for which it

provides. 

PART V - INVALIDITY, TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES

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SECTION 1. - GENERAL PROVISIONS

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ARTICLE 42 - VALIDITY AND CONTINUANCE IN FORCE OF TREATIES

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1. The validity of a treaty or of the consent of a State to be bound by a

treaty may be impeached only through the application of the present Convention. 

2. The termination of a treaty, its denunciation or the withdrawal of a party,

may take place only as a result of the application of the provisions of the

treaty or of the present Convention. The same rule applies to suspension of the

operation of a treaty. 

ARTICLE 43 - OBLIGATIONS IMPOSED BY INTERNATIONAL LAW INDEPENDENTLY OF A TREATY

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The invalidity, termination or denunciation of a treaty, the withdrawal of a

party from it, or the suspension of its operation, as a result of the

application of the present Convention or of the provisions of the treaty, shall

not in any way impair the duty of any State to fulfil any obligation embodied

in the treaty to which it would be subject under international law

independently of the treaty. 

ARTICLE 44 - SEPARABILITY OF TREATY PROVISIONS

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

denounce, withdraw from or suspend the operation of the treaty may be exercised

only with respect to the whole treaty unless the treaty otherwise provides or

the parties otherwise agree. 

2. A ground for invalidating, terminating, withdrawing from or suspending the

operation of a treaty recognized in the present Convention may be invoked only

with respect to the whole treaty except as provided in the following paragraphs

or in article 60. 

3. If the ground relates solely to particular clauses, it may be invoked only

with respect to those clauses where: 

(a) the said clauses are separable from the remainder of the treaty with regard

to their application; 

(b) it appears from the treaty or is otherwise established that acceptance of

those clauses was not an essential basis of the consent of the other party or

parties to be bound by the treaty as a whole; and 

(c) continued performance of the remainder of the treaty would not be unjust. 

4. In cases falling under articles 49 and 50 the State entitled to invoke the

fraud or corruption may do so with respect either to the whole treaty or,

subject to paragraph 3, to the particular clauses alone. 

5. In cases falling under articles 51, 52 and 53, no separation of the

provisions of the treaty is permitted. 

ARTICLE 45 - LOSS OF A RIGHT TO INVOKE A GROUND FOR INVALIDATING, TERMINATING,

WITHDRAWING FROM OR SUSPENDING THE OPERATION OF A TREATY

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A State may no longer invoke a ground for invalidating, terminating,

withdrawing from or suspending the operation of a treaty under articles 46 to

50 or articles 60 and 62 if, after becoming aware of the facts: 

(a) it shall have expressly agreed that the treaty is valid or remains in force

or continues in operation, as the case may be; or 

(b) it must by reason of its conduct be considered as having acquiesced in the

validity of the treaty or in its maintenance in force or in operation, as the

case may be. 

SECTION 2. - INVALIDITY OF TREATIES

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ARTICLE 46 - PROVISIONS OF INTERNAL LAW REGARDING COMPETENCE TO CONCLUDE

TREATIES

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1. A State may not invoke the fact that its consent to be bound by a treaty has

been expressed in violation of a provision of its internal law regarding

competence to conclude treaties as invalidating its consent unless that

violation was manifest and concerned a rule of its internal law of fundamental

importance. 

2. A violation is manifest if it would be objectively evident to any State

conducting itself in the matter in accordance with normal practice and in good

faith. 

ARTICLE 47 - SPECIFIC RESTRICTIONS ON AUTHORITY TO EXPRESS THE CONSENT OF A

STATE

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If the authority of a representative to express the consent of a State to be

bound by a particular treaty has been made subject to a specific restriction,

his omission to observe that restriction may not be invoked as invalidating the

consent expressed by him unless the restriction was notified to the other

negotiating States prior to his expressing such consent. 

ARTICLE 48 - ERROR

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1. A State may invoke an error in a treaty as invalidating its consent to be

bound by the treaty if the error relates to a fact or situation which was

assumed by that State to exist at the time when the treaty was concluded and

formed an essential basis of its consent to be bound by the treaty. 

2. Paragraph 1 shall not apply if the State in question contributed by its own

conduct to the error or if the circumstances were such as to put that State on

notice of a possible error. 

3. An error relating only to the wording of the text of a treaty does not

affect its validity; article 79 then applies. 

ARTICLE 49 - FRAUD

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If a State has been induced to conclude a treaty by the fraudulent conduct of

another negotiating State, the State may invoke the fraud as invalidating its

consent to be bound by the treaty. 

ARTICLE 50 - CORRUPTION OF A REPRESENTATIVE OF A STATE

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If the expression of a State's consent to be bound by a treaty has been

procured through the corruption of its representative directly or indirectly by

another negotiating State, the State may invoke such corruption as invalidating

its consent to be bound by the treaty. 

ARTICLE 51 - COERCION OF A REPRESENTATIVE OF A STATE

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The expression of a State's consent to be bound by a treaty which has been

procured by the coercion of its representative through acts or threats directed

against him shall be without any legal effect. 

ARTICLE 52 - COERCION OF A STATE BY THE THREAT OR USE OF FORCE

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A treaty is void if its conclusion has been procured by the threat or use of

force in violation of the principles of international law embodied in the

Charter of the United Nations. 

ARTICLE 53 - TREATIES CONFLICTING WITH A PEREMPTORY NORM OF GENERAL

INTERNATIONAL LAW (JUS COGENS)

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A treaty is void if, at the time of its conclusion, it conflicts with a

peremptory norm of general international law. For the purposes of the present

Convention, a peremptory norm of general international law is a norm accepted

and recognized by the international community of States as a whole as a norm

from which no derogation is permitted and which can be modified only by a

subsequent norm of general international law having the same character. 

SECTION 3. - TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES

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ARTICLE 54 - TERMINATION OF OR WITHDRAWAL FROM A TREATY UNDER ITS PROVISIONS OR

BY CONSENT OF THE PARTIES

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

(a) in conformity with the provisions of the treaty; or 

(b) at any time by consent of all the parties after consultation with the other

contracting States. 
 
 

ARTICLE 55 - REDUCTION OF THE PARTIES TO A MULTILATERAL TREATY BELOW THE NUMBER

NECESSARY FOR ITS ENTRY INTO FORCE

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Unless the treaty otherwise provides, a multilateral treaty does not terminate

by reason only of the fact that the number of the parties falls below the

number necessary for its entry into force. 

ARTICLE 56 - DENUNCIATION OF OR WITHDRAWAL FROM A TREATY CONTAINING NO

PROVISION REGARDING TERMINATION, DENUNCIATION OR WITHDRAWAL

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1. A treaty which contains no provision regarding its termination and which

does not provide for denunciation or withdrawal is not subject to denunciation

or withdrawal unless: