Research on Vienna Convention

created through the execution of the treaty prior to its termination; provided

that those rights, obligations or situations may thereafter be maintained only

to the extent that their maintenance is not in itself in conflict with the new

peremptory norm of general international law. 

ARTICLE 72 - CONSEQUENCES OF THE SUSPENSION OF THE OPERATION OF A TREATY

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1. Unless the treaty otherwise provides or the parties otherwise agree, the

suspension of the operation of a treaty under its provisions or in accordance

with the present Convention: 

(a) releases the parties between which the operation of the treaty is suspended

from the obligation to perform the treaty in their mutual relations during the

period of the suspension; 

(b) does not otherwise affect the legal relations between the parties

established by the treaty. 

2. During the period of the suspension the parties shall refrain from acts

tending to obstruct the resumption of the operation of the treaty. 
 
 
 

PART VI - MISCELLANEOUS PROVISIONS

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ARTICLE 73 - CASES OF STATE SUCCESSION, STATE RESPONSIBILITY AND OUTBREAK OF

HOSTILITIES

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The provisions of the present Convention shall not prejudge any question that

may arise in regard to a treaty from a succession of States or from the

international responsibility of a State or from the outbreak of hostilities

between States. 

ARTICLE 74 - DIPLOMATIC AND CONSULAR RELATIONS AND THE CONCLUSION OF TREATIES

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The severance or absence of diplomatic or consular relations between two or

more States does not prevent the conclusion of treaties between those States.

The conclusion of a treaty does not in itself affect the situation in regard to

diplomatic or consular relations. 

ARTICLE 75 - CASE OF AN AGGRESSOR STATE

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The provisions of the present Convention are without prejudice to any

obligation in relation to a treaty which may arise for an aggressor State in

consequence of measures taken in conformity with the Charter of the United

Nations with reference to that State's aggression. 

PART VII - DEPOSITARIES, NOTIFICATIONS, CORRECTIONS AND REGISTRATION

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ARTICLE 76 - DEPOSITARIES OF TREATIES

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1. The designation of the depositary of a treaty may be made by the negotiating

States, either in the treaty itself or in some other manner. The depositary may

be one or more States, an international organization or the chief

administrative officer of the organization. 

2. The functions of the depositary of a treaty are international in character

and the depositary is under an obligation to act impartially in their

performance. In particular, the fact that a treaty has not entered into force

between certain of the parties or that a difference has appeared between a

State and a depositary with regard to the performance of the latter's functions

shall not affect that obligation. 

ARTICLE 77 - FUNCTIONS OF DEPOSITARIES

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1. The functions of a depositary, unless otherwise provided in the treaty or

agreed by the contracting States, comprise in particular: 

(a) keeping custody of the original text of the treaty and of any full powers

delivered to the depositary; 

(b) preparing certified copies of the original text and preparing any further

text of the treaty in such additional languages as may be required by the

treaty and transmitting them to the parties and to the States entitled to

become parties to the treaty; 

(c) receiving any signatures to the treaty and receiving and keeping custody of

any instruments, notifications and communications relating to it; 

(d) examining whether the signature or any instrument, notification or

communication relating to the treaty is in due and proper form and, if need be,

bringing the matter to the attention of the State in question; 

(e) informing the parties and the States entitled to become parties to the

treaty of acts, notifications and communications relating to the treaty; 

(f) informing the States entitled to become parties to the treaty when the

number of signatures or of instruments of ratification, acceptance, approval or

accession required for the entry into force of the treaty has been received or

deposited; 

(g) registering the treaty with the Secretariat of the United Nations; 

(h) performing the functions specified in other provisions of the present

Convention. 

2. In the event of any difference appearing between a State and the depositary

as to the performance of the latter's functions, the depositary shall bring the

question to the attention of the signatory States and the contracting States

or, where appropriate, of the competent organ of the international organization

concerned. 

ARTICLE 78 - NOTIFICATIONS AND COMMUNICATIONS

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Except as the treaty or the present Convention otherwise provide, any

notification or communication to be made by any State under the present

Convention shall: 

(a) if there is no depositary, be transmitted direct to the States for which it

is intended, or if there is a depositary, to the latter; 

(b) be considered as having been made by the State in question only upon its

receipt by the State to which it was transmitted or, as the case may be, upon

its receipt by the depositary; 

(c) if transmitted to a depositary, be considered as received by the State for

which it was intended only when the latter State has been informed by the

depositary in accordance with article 77, paragraph 1(e). 

ARTICLE 79 - CORRECTION OF ERRORS IN TEXTS OR IN CERTIFIED COPIES OF TREATIES

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1. Where, after the authentication of the text of a treaty, the signatory

States and the contracting States are agreed that it contains an error, the

error shall, unless they decide upon some other means of correction, be

corrected: 

(a) by having the appropriate correction made in the text and causing the

correction to be initialled by duly authorized representatives; 

(b) by executing or exchanging an instrument or instruments setting out the

correction which it has been agreed to make; or 

(c) by executing a corrected text of the whole treaty by the same procedure as

in the case of the original text. 

2. Where the treaty is one for which there is a depositary, the latter shall

notify the signatory States and the contracting States of the error and of the

proposal to correct it and shall specify an appropriate time-limit within which

objection to the proposed correction may be raised. If, on the expiry of the

time-limit: 

(a) no objection has been raised, the depositary shall make and initial the

correction in the text and shall execute a proc?s-verbal of the rectification

of the text and communicate a copy of it to the parties and to the States

entitled to become parties to the treaty; 

(b) an objection has been raised, the depositary shall communicate the

objection to the signatory States and to the contracting States. 

3. The rules in paragraphs 1 and 2 apply also where the text has been

authenticated in two or more languages and it appears that there is a lack of

concordance which the signatory States and the contracting States agree should

be corrected. 

4. The corrected text replaces the defective text ab initio, unless the

signatory States and the contracting States otherwise decide. 

5. The correction of the text of a treaty that has been registered shall be

notified to the Secretariat of the United Nations. 

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

shall execute a proc?s-verbal specifying the rectification and communicate a

copy of it to the signatory States and to the contracting Slates. 

ARTICLE 80 - REGISTRATION AND PUBLICATION OF TREATIES

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1. Treaties shall, after their entry into force, be transmitted to the

Secretariat of the United Nations for registration or filing and recording, as

the case may be, and for publication. 

2. The designation of a depositary shall constitute authorization for it to

perform the acts specified in the preceding paragraph. 

PART VIII - FINAL PROVISIONS

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ARTICLE 81 - SIGNATURE

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The present Convention shall be open for signature by all States Members of the

United Nations or of any of the specialized agencies or of the International

Atomic Energy Agency or parties to the Statute of the International Court of

Justice, and by any other State invited by the General Assembly of the United

Nations to become a party to the Convention, as follows: until 30 November

1969, at the Federal Ministry for Foreign Affairs of the Republic of Austria,

and subsequently, until 30 April 1970, at United Nations Headquarters, New

York. 

ARTICLE 82 - RATIFICATION

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The present Convention is subject to ratification. The instruments of

ratification shall be deposited with the Secretary-General of the United

Nations. 

ARTICLE 83 - ACCESSION

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The present Convention shall remain open for accession by any State belonging

to any of the categories mentioned in article 81. The instruments of accession

shall be deposited with the Secretary-General of the United Nations. 

ARTICLE 84 - ENTRY INTO FORCE

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1. The present Convention shall enter into force on the thirtieth day following

the date of deposit of the thirty-fifth instrument of ratification or

accession. 

2. For each State ratifying or acceding to the Convention after the deposit of

the thirty-fifth instrument of ratification or accession, the Convention shall

enter into force on the thirtieth day after deposit by such State of its

instrument of ratification or accession. 

ARTICLE 85 - AUTHENTIC TEXTS

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The original of the present Convention, of which the Chinese, English, French,

Russian and Spanish texts are equally authentic, shall be deposited with the

Secretary-General of the United Nations. 

POST PROVISIONS

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POST CLAUSES (IF ANY: SIGNED; WITNESSED; DONE; AUTHENTIC TEXTS; & DEPOSITED

CLAUSES)

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IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized

thereto by their respective Governments, have signed the present Convention. 

DONE at Vienna, this twenty-third day of May, one thousand nine hundred and

sixty-nine. 

ANNEX

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ANNEX

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1. A list of conciliators consisting of qualified jurists shall be drawn up and

maintained by the Secretary-General of the United Nations. To this end, every

State which is a Member of the United Nations or a party to the present

Convention shall be invited to nominate two conciliators, and the names of the

persons so nominated shall constitute the list. The term of a conciliator,

including that of any conciliator nominated to fill a casual vacancy, shall be

five years and may be renewed. A conciliator whose term expires shall continue

to fulfil any function for which he shall have been chosen under the following

paragraph. 

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

Secretary-General shall bring the dispute before a conciliation commission

constituted as follows: 

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

appoint: (a) one conciliator of the nationality of that State or of one of

those States, who may or may not be chosen from the list referred to in

paragraph 1; and (b) one conciliator not of the nationality of that State or of

any of those States, who shall be chosen from the list. 

The State or States constituting the other party to the dispute shall appoint

two conciliators in the same way. The four conciliators chosen by the parties

shall be appointed within sixty days following the date on which the

Secretary-General receives the request. 

The four conciliators shall, within sixty days following the date of the last

of their own appointments, appoint a fifth conciliator chosen from the list,

who shall be chairman. 

If the appointment of the chairman or of any of the other conciliators has not

been made within the period prescribed above for such appointment, it shall be

made by the Secretary-General within sixty days following the expiry of that

period. The appointment of the chairman may be made by the Secretary-General

either from the list or from the membership of the International Law

Commission. Any of the periods within which appointments must be made may be

extended by agreement between the parties to the dispute. 

Any vacancy shall be filled in the manner prescribed for the initial

appointment. 

3. The Conciliation Commission shall decide its own procedure. The Commission,

with the consent of the parties to the dispute, may invite any party to the

treaty to submit to it its views orally or in writing. Decisions and

recommendations of the Commission shall be made by a majority vote of the five

members. 

4. The Commission may draw the attention of the parties to the dispute to any