Vienna Convention on the Law of Treaties

The States Parties recognize the fundamental role of treaties in international relations, the importance of treaties as a source of international law and a means of peaceful cooperation, the principles of free consent, good faith and pacta sunt servanda, and the peaceful settlement of treaty disputes in conformity with justice and international law.

Article 1. Scope of the present Convention. Applies to treaties between States.

Article 2. Use of terms. Defines key treaty-law terms, including treaty, ratification, acceptance, approval, accession, full powers, reservation, negotiating State, contracting State, party, third State and international organization.

Article 3. International agreements not within the scope of the present Convention. Clarifies that exclusion from the Convention does not affect the legal force of other international agreements, the application of customary rules reflected in the Convention, or relations between States under agreements also involving other subjects of international law.

Article 4. Non-retroactivity of the present Convention. Applies only to treaties concluded by States after the Convention has entered into force for those States, without prejudice to independently applicable rules of international law.

Article 5. Treaties constituting international organizations and treaties adopted within an international organization. Applies to constituent instruments of international organizations and treaties adopted within international organizations, subject to relevant rules of the organization.

Article 6. Capacity of States to conclude treaties. Every State has capacity to conclude treaties.

Article 7. Full powers. Identifies when a person is considered authorized to represent a State for adopting or authenticating a treaty text or expressing consent to be bound, and recognizes certain officials as representing their State by virtue of their functions.

Article 8. Subsequent confirmation of an act performed without authorization. An act relating to conclusion of a treaty by an unauthorized person has no legal effect unless later confirmed by the State.

Article 9. Adoption of the text. A treaty text is adopted by consent of all negotiating States, or at an international conference by a two-thirds vote unless another rule is decided by the same majority.

Article 10. Authentication of the text. Treaty text is established as authentic and definitive by the agreed procedure, or by signature, signature ad referendum or initialling of the text or final act.

Article 11. Means of expressing consent to be bound by a treaty. Consent may be expressed by signature, exchange of instruments, ratification, acceptance, approval, accession or any other agreed means.

Article 12. Consent to be bound by a treaty expressed by signature. Signature expresses consent where the treaty provides, the negotiating States agree, or the intention appears from full powers or negotiations; initialling and signature ad referendum may also count where agreed or confirmed.

Article 13. Consent to be bound by a treaty expressed by an exchange of instruments. Consent is expressed by exchange of instruments when those instruments provide that exchange has such effect or the States otherwise agree.

Article 14. Consent to be bound by a treaty expressed by ratification, acceptance or approval. Ratification expresses consent where required by the treaty, by agreement of negotiating States, by signature subject to ratification, or by intention shown in full powers or negotiations; acceptance and approval operate similarly.

Article 15. Consent to be bound by a treaty expressed by accession. Accession expresses consent where the treaty permits it, the negotiating States agreed to it, or all parties later agree to it.

Article 16. Exchange or deposit of instruments of ratification, acceptance, approval or accession. Instruments establish consent upon exchange, deposit with the depositary, or notification to contracting States or the depositary unless the treaty provides otherwise.

Article 17. Consent to be bound by part of a treaty and choice of differing provisions. Consent to be bound by part of a treaty is effective only if the treaty permits it or other contracting States agree; choices between differing provisions must be clear.

Article 18. Obligation not to defeat the object and purpose of a treaty prior to its entry into force. A State must not defeat the object and purpose of a treaty after signature subject to ratification, acceptance or approval, or after expressing consent pending entry into force, unless it makes clear its intention not to become a party.

Article 19. Formulation of reservations. Reservations may be formulated unless prohibited by the treaty, outside permitted reservations, or incompatible with the treaty’s object and purpose.

Article 20. Acceptance of and objection to reservations. Sets out when reservations require acceptance, and the consequences of acceptance and objection by other States.

Article 21. Legal effects of reservations and objections. A valid reservation modifies relevant provisions between the reserving State and accepting party to the extent of the reservation, but not between other parties.

Article 22. Withdrawal of reservations and objections. Reservations and objections may generally be withdrawn at any time, subject to treaty provisions or agreement; withdrawal becomes effective when notice is received.

Article 23. Procedure regarding reservations. Reservations, acceptances and objections must be in writing and communicated to contracting States and States entitled to become parties; some reservations must later be confirmed.

Article 24. Entry into force. A treaty enters into force as provided in the treaty or agreed by negotiating States; absent provision, it enters into force when consent has been established for all negotiating States.

Article 25. Provisional application. A treaty or part may be applied provisionally if the treaty provides or negotiating States agree; provisional application ends when a State notifies its intention not to become a party, unless otherwise provided or agreed.

Article 26. Pacta sunt servanda. Every treaty in force is binding upon the parties and must be performed in good faith.

Article 27. Internal law and observance of treaties. A party may not invoke internal law as justification for failure to perform a treaty, without prejudice to article 46.

Article 28. Non-retroactivity of treaties. A treaty does not bind a party regarding acts, facts or situations before entry into force for that party unless a different intention appears.

Article 29. Territorial scope of treaties. Unless a different intention appears, a treaty binds each party in respect of its entire territory.

Article 30. Application of successive treaties relating to the same subject matter. Provides rules for successive treaties on the same subject, subject to Article 103 of the UN Charter, including priority clauses, compatibility of earlier and later treaties, and relationships between States party to one or both treaties.

Article 31. General rule of interpretation. A treaty is interpreted in good faith according to the ordinary meaning of its terms in context and in light of object and purpose; context includes text, preamble and annexes, related agreements and instruments, subsequent agreement and practice and relevant international law.

Article 32. Supplementary means of interpretation. Supplementary means, including preparatory work and circumstances of conclusion, may be used to confirm meaning or resolve ambiguity, obscurity or manifestly absurd or unreasonable results.

Article 33. Interpretation of treaties authenticated in two or more languages. When a treaty is authenticated in two or more languages, each text is equally authoritative unless otherwise provided; terms are presumed to have the same meaning and differences are reconciled with object and purpose.

Article 34. General rule regarding third States. A treaty does not create obligations or rights for a third State without its consent.

Article 35. Treaties providing for obligations for third States. An obligation for a third State arises only if parties intend it and the third State expressly accepts it in writing.

Article 36. Treaties providing for rights for third States. A right for a third State arises if parties intend to accord it and the third State assents; assent is presumed unless the treaty provides otherwise.

Article 37. Revocation or modification of obligations or rights of third States. Obligations or rights of third States may be revoked or modified only according to the consent rules and intentions involved.

Article 38. Rules in a treaty becoming binding on third States through international custom. A treaty rule may become binding on a third State as customary international law.

Article 39. General rule regarding the amendment of treaties. A treaty may be amended by agreement between the parties; Part II rules apply unless the treaty provides otherwise.

Article 40. Amendment of multilateral treaties. Proposed amendments to multilateral treaties must be notified to all contracting States; every State entitled to become a party may participate in decisions and negotiations, and amendments bind only accepting parties.

Article 41. Agreements to modify multilateral treaties between certain parties only. Certain parties to a multilateral treaty may modify it between themselves if allowed or not prohibited and if the modification does not affect other parties or the treaty’s object and purpose.

Article 42. Validity and continuance in force of treaties. Validity and continuance of treaties may be impeached only under the Convention; termination, withdrawal or suspension occurs only under the treaty or the Convention.

Article 43. Obligations imposed by international law independently of a treaty. Invalidity, termination, withdrawal or suspension does not impair obligations under international law independently of the treaty.

Article 44. Separability of treaty provisions. A right to terminate, withdraw from or suspend normally applies to the whole treaty, with separability rules where clauses are separable and conditions are met.

Article 45. Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or suspending a treaty. A State loses the right to invoke a ground if, after knowing the facts, it expressly agrees the treaty remains valid or by conduct acquiesces.

Article 46. Provisions of internal law regarding competence to conclude treaties. Internal law on competence to conclude treaties may be invoked only where the violation was manifest and concerned a fundamental rule.

Article 47. Specific restrictions on authority to express consent. Specific restrictions on a representative’s authority may be invoked only if notified to other negotiating States before consent was expressed.

Article 48. Error. Error may be invoked if it relates to a fact or situation assumed to exist at conclusion and forming an essential basis of consent, unless the State contributed to the error or was on notice.

Article 49. Fraud. A State induced to conclude a treaty by fraudulent conduct of another negotiating State may invoke fraud as invalidating consent.

Article 50. Corruption of a representative of a State. Corruption of a representative by another negotiating State may be invoked as invalidating consent.

Article 51. Coercion of a representative of a State. Consent procured by coercion of a representative through acts or threats is without legal effect.

Article 52. Coercion of a State by threat or use of force. A treaty procured by threat or use of force in violation of the UN Charter is void.

Article 53. Treaties conflicting with a peremptory norm of general international law. A treaty conflicting at conclusion with a peremptory norm of general international law is void.

Article 54. Termination of or withdrawal from a treaty under its provisions or by consent. Termination or withdrawal may occur under treaty provisions or by consent of all parties after consultation.

Article 55. Reduction of parties below the number necessary for entry into force. A multilateral treaty does not terminate merely because the number of parties falls below the number required for entry into force unless otherwise provided.

Article 56. Denunciation of or withdrawal from a treaty containing no provision. A treaty without a denunciation or withdrawal clause is not subject to denunciation or withdrawal unless intended or implied by its nature; twelve months’ notice is required.

Article 57. Suspension under treaty provisions or by consent. Operation of a treaty may be suspended under its provisions or by consent of all parties after consultation.

Article 58. Suspension by agreement between certain parties only. Certain parties may suspend operation between themselves if allowed or not prohibited and if suspension does not affect other parties or object and purpose.

Article 59. Termination or suspension implied by conclusion of a later treaty. A treaty is terminated or suspended if all parties conclude a later treaty on the same subject and replacement or incompatibility is established.

Article 60. Termination or suspension as a consequence of breach. A material breach permits termination or suspension in whole or in part under rules for bilateral and multilateral treaties.

Article 61. Supervening impossibility of performance. Supervening impossibility may be invoked if an indispensable object permanently disappears or is destroyed, unless caused by the invoking party’s breach.

Article 62. Fundamental change of circumstances. Fundamental change of circumstances may be invoked only exceptionally where circumstances were an essential basis of consent and the change radically transforms obligations; it cannot be invoked for boundary treaties or where caused by the invoking party.

Article 63. Severance of diplomatic or consular relations. Severance of diplomatic or consular relations does not affect treaty relations unless those relations are indispensable for application of the treaty.

Article 64. Emergence of a new peremptory norm. If a new peremptory norm emerges, any existing treaty conflicting with it becomes void and terminates.

Article 65. Procedure for invalidity, termination, withdrawal or suspension. A party invoking invalidity, termination, withdrawal or suspension must notify other parties, state the measure and reasons, and follow objection and dispute procedures.

Article 66. Judicial settlement, arbitration and conciliation. Disputes concerning peremptory norms may be submitted to the International Court of Justice unless parties agree to arbitration; other disputes may use Annex conciliation.

Article 67. Instruments for declaring invalidity, termination, withdrawal or suspension. Instruments relating to invalidity, termination, withdrawal or suspension must be made in writing and communicated by authorized representatives.

Article 68. Revocation of notifications and instruments. Notifications or instruments may be revoked at any time before taking effect.

Article 69. Consequences of invalidity. A void treaty has no legal force; consequences of acts performed in good faith are governed by the Convention and incompatible consequences must be eliminated.

Article 70. Consequences of termination. Termination releases parties from further performance but does not affect rights, obligations or legal situations created before termination unless otherwise provided.

Article 71. Consequences of invalidity or termination due to peremptory norms. Where invalidity or termination results from peremptory norms, parties must eliminate consequences and bring relations into conformity with the norm.

Article 72. Consequences of suspension. Suspension releases parties from performance during suspension between affected parties but does not otherwise affect legal relations; parties must not obstruct resumption.

Article 73. State succession, State responsibility and outbreak of hostilities. The Convention does not prejudge questions of State succession, State responsibility or outbreak of hostilities.

Article 74. Diplomatic and consular relations and conclusion of treaties. Absence or severance of diplomatic or consular relations does not prevent treaty conclusion, and treaty conclusion does not itself affect those relations.

Article 75. Case of an aggressor State. The Convention is without prejudice to obligations concerning an aggressor State arising from UN Charter measures.

Article 76. Depositaries. Treaties may designate one or more depositaries, which act impartially.

Article 77. Functions of depositaries. Depositary functions include custody of original texts, certified copies, receiving signatures and instruments, examining form, informing parties, registering the treaty and other functions.

Article 78. Notifications and communications. Notifications and communications are made to the depositary or States as appropriate and are considered made when received according to the Convention.

Article 79. Correction of errors in texts or certified copies. Errors in texts or certified copies are corrected by agreed procedure or by the depositary after notification if no objection is raised.

Article 80. Registration and publication. Treaties are transmitted to the UN Secretariat for registration or filing and recording and for publication.

Article 81. Signature. The Convention was open for signature by eligible States within specified periods.

Article 82. Ratification. The Convention is subject to ratification and instruments are deposited with the UN Secretary-General.

Article 83. Accession. The Convention remains open for accession by eligible States and instruments are deposited with the UN Secretary-General.

Article 84. Entry into force of the Convention. The Convention enters into force on the thirtieth day after the thirty-fifth instrument of ratification or accession, and later for each State thirty days after its instrument is deposited.

Article 85. Authentic texts. The Chinese, English, French, Russian and Spanish texts are equally authentic and the original is deposited with the UN Secretary-General.

The Annex establishes a conciliation procedure, including a list of conciliators, appointment and replacement of conciliators, commission procedure, majority decisions, reports, recommendations, expenses and time limits.