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- Preliminary Material
- Foreword to the French edition
- Preface
- Contents
- Abbreviations
- Notes on Contributors
- Table of Cases I–ICJ*
- Table of Cases II–PCIJ
- Table of Cases III–Other Bodies
- 1 International Criminal Tribunal for the Former Yugoslavia
- 2 International Criminal Tribunal for Rwanda
- 3 Special Court for Sierra Leone
- 4 Eritrea Ethiopia Claims Commission
- 5 International Tribunal for the Law of the Sea
- 6 European Commission of Human Rights
- 7 European Court of Human Rights
- 8 Inter-American Court of Human Rights
- 9 UN Human Rights Committee
- 10 US Military Tribunal at Nuremberg
- 11 Central American Court of Justice
- 12 EFTA Court
- 13 European Court of First Instance
- 14 European Court of Justice
- 15 International Centre for the Settlement of Investment Disputes
- 16 WTO, Appellate Body
- 17 Arbitral Awards
- 18 Domestic Cases
- Table of Instruments
- Main Text
- Volume I
- Preamble 1969 Vienna Convention
- Preamble 1986 Vienna Convention
- Part I Introduction
- Art.1 1969 Vienna Convention
- Art.1 1986 Vienna Convention
- Art.2 1969 Vienna Convention
- Preliminary Material
- A Object and purpose
- B Terms contained in paragraph 1 of Article 2
- 3
- ‘Treaty’ (Article 2, paragraph 1(a))
- ‘Ratification’, ‘acceptance’, ‘approval’, and ‘accession’ (Article 2, paragraph 1(b))
- ‘Full powers’ (Article 2, paragraph 1(c))
- ‘Reservation’ (Article 2, paragraph 1(d))
- ‘Negotiating State’ (Article 2, paragraph 1(e))
- ‘Contracting State’ (Article 2, paragraph 1(f ))
- ‘Party’ (Article 2, paragraph 1(g))
- ‘Third State’ (Article 2, paragraph 1(h))
- ‘International organization’ (Article 2, paragraph 1(i))
- Certain definitions not included in Article 2
- C Paragraph 2 of Article 2
- Art.2 1986 Vienna Convention
- Preliminary Material
- A Object and purpose
- B Terms contained in paragraph 1 of Article 2
- ‘Treaty’ (Article 2, paragraph 1(a))
- ‘Ratification’, ‘act of formal confirmation’, ‘acceptance’, ‘approval’, and ‘accession’ (Article 2, paragraph 1(b), (b) bis and (b) ter )
- ‘Full powers’ (Article 2, paragraph 1(c))
- ‘Reservation’ (Article 2, paragraph 1(d))
- ‘Negotiating State’ and ‘negotiating organization’ (Article 2, paragraph 1(e))
- ‘Contracting State’ and ‘contracting organization’ (Article 2, paragraph 1(f))
- ‘Party’ (Article 2, paragraph 1(g))
- ‘Third State’ and ‘third organization’ (Article 2, paragraph 1(h))
- ‘International organization’ (Article 2, paragraph 1(i))
- ‘Rules of the organization’ (Article 2, paragraph 1(j))
- C Paragraph 2 of Article 2
- Art.3 1969 Vienna Convention
- Art.3 1986 Vienna Convention
- Art.4 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B The scope of Article 4
- 5
- The date of the entry into force of the Vienna Convention with regard to a State
- A treaty ‘concluded’ by States after the entry into force of the Convention with regard to these States
- The application of the Convention to the treaties concluded by States after its entry into force with regard to these States
- C The limit to Article 4
- Art.4 1986 Vienna Convention
- Art.5 1969 Vienna Convention
- Art.5 1986 Vienna Convention
- Part II Conclusion and Entry into Force of Treaties
- s.1 Conclusion of Treaties
- Art.6 1969 Vienna Convention
- Art.6 1986 Vienna Convention
- Art.7 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Problems related to the preparation and verification of ‘full powers’
- C The capacity to act without ‘full powers’: ex officio representatives of States
- D Who should bear the risk of negotiating with an agent not in possession of ‘full powers’?
- Art.7 1986 Vienna Convention
- Preliminary Material
- A General characteristics
- B Problems connected with the nature of ‘powers’ of the organizations
- Should the rules applied vis-à-vis international organizations be considerably different from those of the 1969 Convention?
- Is there any difference between the ‘powers’ of a representative of an organization and the ‘full powers’ of a delegate of a State?
- Should the will of an organization be ‘expressed’ or only communicated?
- C Capacity to act without ‘powers’
- Art.8 1969 Vienna Convention
- Preliminary Material
- A General features
- B ‘An act relating to the conclusion of a treaty’
- C ‘An act performed by a person who cannot be considered under article 7 as authorized to represent a state for that purpose’
- D An act performed without authorization is ‘without legal effect unless afterwards confirmed by that state’
- Art.8 1986 Vienna Convention
- Art.9 1969 Vienna Convention
- Art.9 1986 Vienna Convention
- Art.10 1969 Vienna Convention
- Art.10 1986 Vienna Convention
- Art.11 1969 Vienna Convention
- Art.11 1986 Vienna Convention
- Art.12 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Problems of interpretation
- C Problems of validity
- Art.12 1986 Vienna Convention
- Art.13 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Problems of interpretation
- C Problems of validity
- Art.13 1986 Vienna Convention
- Art.14 1969 Vienna Convention
- Art.14 Vienna Convention of 1986
- Art.15 1969 Vienna Convention
- Art.15 1986 Vienna Convention
- Art.16 1969 Vienna Convention
- Art.16 1986 Vienna Convention
- Art.17 1969 Vienna Convention
- Art.17 1986 Vienna Convention
- Art.18 1969 Vienna Convention
- Art.18 1986 Vienna Convention
- s.2 Reservations
- Art.19 1969 Vienna Convention
- Preliminary Material
- A The freedom to formulate reservations in the Vienna Convention—summary presentation
- B Prohibited reservations
- C Reservations which are incompatible with the object and purpose of the treaty
- 95
- 96
- 97
- 98
- 99
- 100
- 101
- The notion of object and purpose of the treaty
- The application of the criterion
- Reservations to clauses on compulsory dispute settlement
- Reservations relating to the application of internal law
- Vague and general reservations
- Reservations relating to provisions reflecting customary norms
- Reservations to provisions which express jus cogens rules
- The assessment of the compatibility of a reservation with the object and purpose of a treaty and its consequences
- Art.19 1986 Vienna Convention
- Art.20 1969 Vienna Convention
- Preliminary Material
- 1
- A The travaux préparatoires and the customary value of Article 20
- B The team of acceptance and objection
- C Reservations expressly authorized by the Treaty
- D Collective or unanimous acceptance of reservations and the protection of the integrity of certain treaties
- E The effects of acceptances and objections on the entry into force of the treaty
- Art.20 1986 Vienna Convention
- Art.21 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B The effects of an established reservation (paragraph 1)
- C The effects of objections
- D The relation between the other parties inter se (paragraph 2)
- Art.21 1986 Vienna Convention
- Art.22 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Time of withdrawal
- C Effects of withdrawal or modification of a reservation or an objection
- Art.22 1986 Vienna Convention
- Art.23 1969 Vienna Convention
- Preliminary Material
- A General features
- B Procedure for formulating reservations, express acceptance, and objection
- 15
- Form of reservations, express acceptance, and objection
- Communication of reservations, express acceptance, and objection
- C Confirmation of reservations, acceptance, and objection
- D Form and procedure for withdrawal of reservations and objections
- Art.23 1986 Vienna Convention
- Art.19 1969 Vienna Convention
- s.3 Entry Into Force and Provisional Application of Treaties
- Art.24 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Paragraphs 1, 2, and 3
- 7
- Express provisions
- Amendment treaties
- No provision or agreement on entry into force
- Date of entry into force
- Ratification after the treaty has entered into force
- Who determines the date of entry into force?
- Time of entry into force
- Date from which the treaty speaks
- Effect of withdrawal of an instrument or extinction of a State
- Reservations attached to instruments
- C Paragraph 4
- Art.24 1986 Vienna Convention
- Art.25 1969 Vienna Convention
- Art.25 1986 Vienna Convention
- Art.24 1969 Vienna Convention
- s.1 Conclusion of Treaties
- Part III Observance, Application and Interpretation of Treaties
- s.1 Observance of Treaties
- Art.26 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Scope of the rule pacta sunt servanda
- C Foundation of the rule pacta sunt servanda
- D Content of the rule
- E Consequences of the rule
- F ‘Exceptions’ to the rule
- G Determinations and sanctions of breaches of the rule
- Art.26 1986 Vienna Convention
- Art.27 1969 Vienna Convention
- Art.27 1986 Vienna Convention
- Preliminary Material
- A General characteristics
- B Scope of the rule
- C The problem of the international responsibility of international organizations
- D Relations between the organization and its member States
- Art.26 1969 Vienna Convention
- s.2 Application of Treaties
- Art.28 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B The scope of the principle of non-retroactivity of treaties
- 6
- The date of the entry into force of the treaty with respect to a party
- An ‘act or fact which took place’ before the date of the entry into force or ‘a situation which ceased to exist’ before that date
- The non-application of the treaty to the acts or facts which took place or the situations which ceased to exist before the date of the entry into force
- C Exceptions to the principle of non-retroactivity of treaties
- Art.28 1986 Vienna Convention
- Art.29 1969 Vienna Convention
- Art.29 1986 Vienna Convention
- Art.30 1969 Vienna Convention
- Preliminary Material
- A Antecedents and early views
- B General characteristics of Article 30
- C General scope of Article 30
- D Individual aspects of interpretation
- E Conclusion
- Art.30 1986 Vienna Convention
- Art.28 1969 Vienna Convention
- s.3 Interpretation of Treaties
- Art.31 1969 Vienna Convention
- Preliminary Material
- 1
- 2
- 3
- 4
- A A difficult gestation process
- B An overwhelming practice
- Art.31 1986 Vienna Convention
- Art.32 1969 Vienna Convention
- Art.32 1986 Vienna Convention
- Art.33 1969 Vienna Convention
- Preliminary Material
- 1
- A General characteristics
- B Scope of Article
- A ‘textual’ ambiguity
- The rule of formal preference as prescribed by the treaty or agreed upon by the parties (Article 33, paragraphs 1 and 2)
- Material rule of reconciliation of meanings or of reconciliation of texts on the basis of the object and purpose of the treaty (Article 33, paragraphs 3 and 4)
- Art.33 1986 Vienna Convention
- Art.31 1969 Vienna Convention
- s.4 Treaties and Third States
- Art.34 1969 Vienna Convention
- Art.34 1986 Vienna Convention
- Art.35 1969 Vienna Convention
- Art.35 1986 Vienna Convention
- Art.36 1969 Vienna Convention
- Art.36 1986 Vienna Convention
- Art.37 1969 Vienna Convention
- Art.37 1986 Vienna Convention
- Art.38 1969 Vienna Convention
- Art.38 1986 Vienna Convention
- s.1 Observance of Treaties
- Volume II
- Part IV Amendment and Modification of Treaties
- Art.39 1969 Vienna Convention
- Art.39 1986 Vienna Convention
- Art.40 1969 Vienna Convention
- Art.40 1986 Vienna Convention
- Art.41 1969 Vienna Convention
- Art.41 1986 Vienna Convention
- Part V Invalidity, Termination and Suspension of the Operation of Treaties
- s.1 General Provisions
- Art.42 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Scope of the Article
- The existence of grounds for invalidity, termination, or suspension of treaties
- A restrictive enumeration of the grounds for invalidity, termination, and suspension of treaties
- Presumption of validity and maintenance in force of treaties
- Existence of a procedure for invalidating, terminating, or suspending treaties
- C The existence of other grounds for invalidity, termination, or suspension of treaties
- Art.42 1986 Vienna Convention
- Art.43 1969 Vienna Convention
- Art.43 1986 Vienna Convention
- Art.44 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B The principle of indivisibility
- C Exceptional cases of severance
- 16
- 17
- Severance where one party exercises the right to withdraw or suspend the application, conferred on it by the treaty (Article 44(1))
- Severance where one party invokes a cause of invalidity, termination, withdrawal, or suspension recognized in the Convention (Article 44(2) and (3))
- 19
- The principle: obligatory severance
- 21 First condition: the cause of invalidity, termination, withdrawal, or suspension that is invoked by the injured party may only aim at certain determined clauses of the treaty
- 22
- 23
- 24 Second condition: these clauses must be ‘separable from the remainder of the treaty with regard to their application’ (Article 44(3)(a))
- 25
- 26 Third condition: ‘it appears from the treaty or is otherwise established’ that the acceptance of the clauses in question did not constitute ‘an essential basis of the consent of the other party or parties to be bound by the treaty as a whole’ (Article 44(3)(b))
- 27 Fourth condition: it must not be ‘unjust’ to continue to carry out what is left over of the treaty (Article 44(3)(c))
- 28
- 29 The exceptions
- Art.44 1986 Vienna Convention
- Art.45 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Scope of the Article
- 22
- A substantive or procedural rule?
- The grounds for invalidity, termination, or suspension envisaged
- Conditions for the Article's application: awareness of the facts
- Express recognition of the validity or maintenance in force or in operation of a treaty susceptible of being tainted by invalidity or being terminated or suspended (paragraph (a))
- Acquiescence to the validity or maintenance in force or in operation of a treaty susceptible of being tainted by invalidity or of being terminated or suspended (paragraph (b))
- C Problems posed by acquiescence
- D The effect of express or tacit acceptance
- Art.45 1986 Vienna Convention
- Art.42 1969 Vienna Convention
- s.2 Invalidity of Treaties
- Art.46 1969 Vienna Convention
- Art.46 1986 Vienna Convention
- Art.47 1969 Vienna Convention
- Art.47 1986 Vienna Convention
- Art.48 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Scope of the provision
- Transferability of the notion of error to international law
- Notion of error according to Article 48
- 13
- 14
- 15 Error from the perspective of identity of the errans: ‘unilateral’ or ‘common’ error
- 16 Error ‘on substance’ and ‘material’ error
- 17 Error ‘of fact’ and error ‘of law’
- 18
- 19
- 20
- 21
- 22 Relevant ‘fact’ from the angle of the treaty
- 23
- 24 ‘Fact’ from the subjective angle: errors in persona, ‘on the motives’, ‘on the value’
- 25
- 26
- 27
- 28
- 29 Error and conduct of contracting State: ‘induced’ error (fraud)
- ‘Essential’ character of error
- ‘Excusable’ character of error
- C Legal consequences of error
- Art.48 1986 Vienna Convention
- Art.49 1969 Vienna Convention
- Art.49 1986 Vienna Convention
- Art.50 1969 Vienna Convention
- Art.50 1986 Vienna Convention
- Art.51 1969 Vienna Convention
- Art.51 1986 Vienna Convention
- Art.52 1969 Vienna Convention
- Art.52 1986 Vienna Convention
- Art.53 1969 Vienna Convention
- Art.53 1986 Vienna Convention
- s.3 Termination and Suspension of the Operation of Treaties
- Art.54 1969 Vienna Convention
- Art.54 1986 Vienna Convention
- Art.55 1969 Vienna Convention
- Art.55 1986 Vienna Convention
- Art.56 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B The principle of prohibition of unilateral denunciation
- C The exceptions
- The reference to the intention of the parties (subjective element)
- The reference to the nature of the treaty (objective element)
- 49
- 50 The ambiguity of the reference to the nature of the treaty
- 51
- 52
- 53
- 54 Attempt to determine which treaties are open to denunciation
- 55 The modi vivendi
- 56
- 57 Trade agreements
- 58
- 59
- 60 Treaties of alliance or military cooperation
- 61 Treaties of cooperation
- 62 Treaties of arbitration, conciliation, or judicial settlement (and declarationsaccepting the jurisdiction of the World Court)
- 63
- 64 Constituent instruments of international organizations
- 65
- 66
- Art.56 1986 Vienna Convention
- Art.57 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B The provisions of a treaty regarding suspension
- C Subsequent consent of the parties
- D The duration of the suspension and the resumptionof the operation of the treaty
- E Effectiveness and usefulness of the regime of Article 57 in the system of the Vienna Convention
- Art.57 1986 Vienna Convention
- Art.58 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Methods and impact of the inter se suspension
- C Legality of the inter se suspension
- D The effects of the inter se suspension
- Art.58 1986 Vienna Convention
- Art.59 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Conditions of application of tacit abrogation (Article 59, paragraph 1)
- 17
- Conclusion of a later treaty relating to the same subject matter
- Conclusion of the later treaty by all parties to the first treaty
- Intention of the parties to have the subject matter covered by the earlier treaty governed by the later treaty or incompatibility of provisions of the later treaty with those of the earlier treaty
- Abrogation of the earlier treaty as a whole
- C Conditions of application of tacit suspension (Article 59, paragraph 2)
- Art.59 1986 Vienna Convention
- Art.60 1969 Vienna Convention
- Preliminary Material
- A General remarks
- B Content analysis of Article 60
- 11
- 12
- Requirements
- The exercise of rights arising under Article 60
- C Relation to other responses against treaty violations
- D Evaluation
- Art.60 1986 Vienna Convention
- Art.61 1969 Vienna Convention
- Preliminary Material
- A General characteristics
- B Determination of the impossibility of performance
- C Effects of the impossibility of performance
- D Conclusion
- Art.61 1986 Vienna Convention
- Art.62 1969 Vienna Convention
- Art.62 1986 Vienna Convention
- Art.63 1969 Vienna Convention
- Preliminary Material
- A General features
- B Scope
- The ‘severance of diplomatic or consular relations between parties to a treaty’
- No effect on ‘legal relations established between them by the treaty’
- The situation where ‘the existence of diplomatic or consular relations is indispensable for the application of the treaty’
- 18 The severance of diplomatic or consular relations between parties to a treaty ‘does not affect…except’
- 19
- 20
- 21
- 22
- 23
- 24
- 25
- 26
- 27
- 28 Except ‘insofar as’ the existence of diplomatic or consular relations is indispensable for the application of the treaty
- 29 Insofar as ‘the existence of diplomatic or consular relations is indispensable for the application of the treaty’
- 30
- 31
- 32
- Art.63 1986 Vienna Convention
- s.4 Procedure
- Art.64 1969 Vienna Convention
- Art.64 1986 Vienna Convention
- Art.65 1969 Vienna Convention
- Art.65 1986 Vienna Convention
- Art.66 1969 Vienna Convention
- Art.66 1986 Vienna Convention
- Art.67 1969 Vienna Convention
- Art.67 1986 Vienna Convention
- Art.68 1969 Vienna Convention
- Art.68 1986 Vienna Convention
- s.5 Consequence of the Invalidity, Termination or Suspension of the Operation of a Treaty
- s.1 General Provisions
- Part IV Amendment and Modification of Treaties
- Volume I