THE VIENNA

CONVENTION
ON THE LAW
OF TREATIES
1969

Atty. Mae Elaine T. Bathan

The Vienna Convention
on the Law of Treaties
of 1969 (VCLT)
–  The main instrument that regulates treaties.
–  VCLT governs treaties irrespective of its subject matter
or objectives.
–  The VCLT came into force in 1980.
–  VCLT relates only to written treaties, whether it is
embodied in a single instrument or more than one
instrument.
–  Whatever its particular designation, the law of treaties
cover both formal and informal agreements.
What is a treaty?
Article 2(1) (a) of the VCLT
defines a treaty as:

“Treaty” means an international

agreement concluded between
States in written form and governed
by international law, whether
embodied in a single instrument or in
two or more related instruments.
Part I: Introduction
Article 1

This treaty applies to

treaties made between
states.
Article 2

Outlines definitions of what

words in the treaty mean.
Article 3

Outlines what this treaty does not apply to. This

treaty does not affect the legal force of any
agreement already concluded between states.
The application of rules and procedure of treaties
outlined in this treaty does not affect agreements
already concluded between states, which are
themselves subjected to international law.
Article 4

This treaty only applies to treaties

which are made after this treaty enters
into force. Anything made prior to the
entry of force of this treaty would be
subject to international law
independently of this treaty.
Article 5

This treaty applies to any treaty

adopted within an
intergovernmental
organization.
Part II: Conclusion and
entry into force of
treaties
Article 6

All states possess the

capacity to conclude a
treaty.
Article 7

A person can represent the state for the

purpose of adopting and authenticating a
treaty if that person has appropriate full
powers. If a person appears from the
practice and intentions of the state, to be
representing the state, this person has full
powers.

Without having to produce full powers by virtue of their
function, the following persons are considered to be able
to represent the state:
- Heads of State, Heads of Government and
Ministers of Foreign Affairs for concluding a treaty.
- Heads of diplomatic missions for adopting the text
of a treaty between two states.
- Representatives of states to an intergovernmental
conference or organization can adopt a text in a
treaty in that conference or organization.
Article 8

Concluding a treaty is not under legal

effect if performed by a person who is
not considered as having full powers
under Article 7, unless it is afterwards
confirmed by the state.
Article 9

A treaty is adopted if it has the consent of

all states responsible for drawing it up. If it is
not consented by all, and it is a treaty held
at an intergovernmental conference, the
treaty is adopted if it has a two-thirds
majority.
Article 10

The text of the treaty

established is authentic,
agreed by the states
participating in its drawing up.
Article 11

The consent of a state bound by a

treaty is expressed by form of
signature, exchange of instruments,
acceptance, approval or accession,
ratification, or by any other means
agreed.
Article 12

A state is bound by consent to the treaty by signature if:

- The treaty states the signature shall have that
effect.
-The participating states negotiated that the
signature shall have that effect.
- The state intended it to have that effect through
the full powers of the signatory or it was made
explicit during negotiation.
Article 13

A state is bound by consent to the treaty

by exchange of instruments if:
- The instruments provide that it will
have that effect.
- States involved agreed that such
instruments will have that effect.
Article 14

A state is bound by consent to the treaty by ratification,

acceptance or approval if:
- The treaty states that such consent will have that effect.
- Negotiating states agreed that such consent will have
that effect.
- A representative of state has signed the treaty subject to
ratification/acceptance/approval.
- The state intended to sign the treaty subject to
ratification/acceptance/approval appearing from the full
powers of the signatory or it was made explicit during
negotiation.
Article 15

A state is bound by consent to the treaty by

accession if:
- The treaty states that such consent will
have that effect.
- Negotiating states agreed that such
consent will have that effect.
- All parties agreed that such consent by will
have that effect.
Article 16

A state is bound by consent to the treaty by exchange or

deposit of instruments of ratification, approval or
accession when:
- They have been exchanged by the states
involved.
- They have been deposited by the depositary.
- A state’s notification to the states involved or the
depositary.
Article 17

A state is bound by the treaty only if

the treaty permits or the other states
involved agree. The consent of a state
to be bound by the treaty which
allows choice in differing provisions is
effective only if it is clear what
provisions the consent relate to.
Article 18

A state should refrain from acts which defeat the

object and purpose of the treaty when:
- It is bound by the treaty by consent of any
acts under Article 11, unless the state has made
clear its intention not to be a party to the
treaty.
- It has consented to be bound by the treaty
awaiting its entry into force.
Article 19

A state may form a reservation when signing, ratifying,

accepting, approving or acceding to a treaty unless:
- The treaty prohibits reservations.
- The treaty states only specific reservations are
permissible, which does not include the reservation
in question.
-The reservation is not compatible with the object
and purpose of the treaty.
Article 20

Acceptance of and objection to reservations, inter alia:

- A reservation authorized by a treaty does not require
acceptance by other states unless the treaty mentions
so.
- From the object and purpose of the treaty it appears
the treaty in its entirety between all parties is an
essential condition of consent, a reservation requires
acceptance by all parties.
- If a treaty is an instrument of an intergovernmental
organization, a reservation requires acceptance from
an organ of that organization.
Article 21

The legal effects of reservations and objections to reservations:

- The reserving state modifies its relations to with those a party to the
treaty with the reservation it relates to.
- Those a party to the treaty consequently modifies its relations with the
reserving state that the provisions of the treaty that the reservation
relates to.
- The particular reservation from the reserving state does not apply to all
states a party to the treaty (unless a state also submits the same
reservation).
-If a state objects the reservation of the reserving state, but does not
oppose the entry of force of the treaty between itself and the reserving
state, the reservation does not apply between the two states.
Article 22

Withdrawing reservations and objections to reservations:

- Unless made explicit in a treaty, the reserving state may
withdraw their reservation at any time. The consent of a state
to the reserving state’s reservation is not required.
- An objection to a reservation may be withdrawn at any time.
- The withdrawal of a reservation becomes valid only when
the states party to the treaty have been notified of it.
- The withdrawal of an objection by a state to a reservation of
a reserving state becomes valid when notice has been
received by the reserving state.
Article 23

Procedure of reservations:
- A reservation, objection to a reservation or acceptance of a
reservation must be in writing and informed by all parties to
and entitled to the treaty.
- A reservation must be confirmed by the reserving state if
formulated when signing the treaty awaiting its
ratification/approval/acceptance.
- An objection to a reservation or acceptance of a
reservation made prior to signing the treaty does not require
confirmation.
- Withdrawing a reservation or objection to a reservation must
be made in writing.
Article 24

Entry into force

- A treaty enters into force on the date mentioned on the
treaty or at a date that participating states agree.
- Failing the above, the entry into force of a treaty begins
when all participating states give consent to be bound by the
treaty.
- If a state consents to be bound by the treaty after it has already
come into force, the entry into force of that states starts from the
date it gives that consent, or at a date mentioned on the treaty.
- Other provisions of a treaty, such as its authentication,
reservations, and function of depositary apply from the date the
treaty is adopted.
Article 25

Part of a treaty is applied pending

its entry of force if the treaty so
provides or participating states
agree.
 Part III: Observance,
application and
interpretation of treaties
Article 26

“Pacta sunt servanda” (Latin:

agreements must be kept) All
treaties are binding upon states
parties to it, and must be
performed in good faith.
Article 27

A state may not invoke a provision

of their domestic law as
justification for not performing a
treaty.
Article 28

Unless mentioned explicitly on a

treaty, acts performed by a state prior
to the entry of force of a treaty are not
held accountable to the treaty. (Non-
retroactivity)
Article 29

Unless mentioned explicitly on a

treaty, the scope of a treaty
covers a party’s entire territory.
Article 30

Application on successive treaties relating to the same subject matter.

- If a treaty specifies that the content of it is compatible with, or
subject to, an earlier or later treaty, the provisions of that earlier
or later treaty is still applicable.
- If the same states are party to an earlier and later treaty, but the
earlier treaty is not terminated (under Article 59), the provisions of
the earlier treaty still apply only to the extent that they are
compatible with the later treaty.
- If parties to the later treaty do not include all parties to the
earlier treaty, the states that are parties to both earlier and later
apply to the above point (second bullet point). If there is one
state that is a party to both earlier and later treaties, and another
which is just party to one of them, then the treaty that both states
are party to governs their rights and obligations.
Article 31

General rule of interpretation of treaties

- A treaty shall be interpreted in good faith in accordance with its
ordinary meaning, in light of its context and the object and
purpose of the treaty.
- The context for the interpretation of a treaty is comprised in its
text and by any agreements made by states in relation to the
treaty.
- The context for the interpretation of a treaty is also made in light
of any instrument made by one or more parties in relation to the
treaty.
- Apart from the aforementioned context, subsequent
agreements between parties, practice of the application of the
treaty and applicable rules of international law should also be
taken into account when interpreting the treaty.
Article 32

Preparation notes of the treaty and the

circumstance of its conclusion should be
taken into account in order to determine
the meaning of the treaty if the
interpretation is ambiguous, obscure,
absurd or unreasonable.
Article 33

Interpretation of the treaty authenticated in two or more languages

- The treaty is equally authoritative in each language, unless
the treaty makes explicit otherwise or if parties agree.
- A language of the treaty which is not authenticated is not
valid unless the treaty makes explicit or if parties agree.
- In each authenticated language it is assumed that the
treaty has the same meaning.
- If both/all languages of the treaty are authenticated, and it
is discovered that there is a difference in meaning of the
treaty between the languages involved, the meaning which
best fits the object and purpose of the treaty shall be
adopted.
Article 34

A treaty does not create a right or

obligation to a third state without
the third state’s consent.
Article 35

If the parties intend for there to be

an obligation for a third state, and
that third state agrees in writing to
that obligation, that that is an
acceptable provision in a treaty.
Article 36

A third state have rights from the provisions of a

treaty if the parties of the treaty intend for the
third state to have rights, or rights are to be for a
group of states, or for all states. A third state’s
assent is presumed unless that state mentions
otherwise. In exercising a right, a state must
comply with conditions for its exercise as
mentioned in the treaty.
Article 37

Revocation or modification of obligations or rights of third

states
- When an obligation has arisen for a third state
(Article 35), the obligation may be revoked or
modified with the consent of all states party to the
treaty and the third state.
- When a right has arisen for a third state (Article
36), the right may not be revoked or modified by
states party to the treaty if the right specified, or
was intended, that it is irrevocable and not subject
to modification.
Article 38

Anything in Articles 34 to 37
cannot be used as being binding
on a third state for reason of being
part of customary international
law.
Part IV: Amendment
and modification of
treaties
Article 39

In the case of a treaty involving two

states, a treaty may be amended
upon agreement by both parties.
Rules followed would entail as
mentioned in Part II of this treaty.
Article 40

Amendment of multilateral treaties

- Any state that proposes to amend a treaty must notify all
participating states to the treaty. The participating states have a
right to take part in a decision as to the action of such proposal,
and the conclusion of the agreement to amend the treaty.
- All participating states to a treaty are entitled to become a
party of the amended treaty.
- A state currently party to a treaty is not bound by the
amendment to the treaty, if they do not become party to the
amended treaty.
-After the entry into force of the amended agreement, any new
party to the treaty is considered as a party to the amended
treaty. The new party is considered a party to the unamended
treaty to those current parties to the unamended treaty (as these
states decided not to be parties to the amended treaty).
Article 41

Agreement to modify multilateral treaties between certain parties

only
- Two or more parties may agree to modify the treaty
between themselves if the possibility of modification is
permitted by the treaty.
- If the modification is not prohibited by the treaty,
modification is possible if it does not affect the enjoyment and
performance of other parties under the treaty. Modification is
also possible if it does not derogate from the object and
purpose of the treaty as a whole.
- The two or more parties that agree to a modification
between themselves shall notify the other states party to the
treaty of this modification.
 Part V: Invalidity,
termination and
suspension of the
operation of treaties
Article 42

Validity and continuance in force of treaties

- The validity of a treaty or consent to be
bound by a treaty can only be called into
question through the articles in this
Convention.
- The termination, withdrawal, denunciation,
suspension of operation of a treaty can only
be as a result of the articles in this Convention.
Article 43

Termination, withdrawal,
denunciation, suspension of operation
of a treaty does not affect a state’s
obligations to the rules of international
law independent of the treaty.
Article 44

Separability of treaty provisions

- A state that invokes it right to denounce,
withdraw or suspend operation of a treaty
does so for the whole content of the treaty,
unless the treaty allows otherwise or if all
states party to the treaty agrees.
- A reason for invalidating, terminating, withdrawing from
or suspending operation of a treaty must be given in
respect to the treaty as a whole. If this reason is due to a
particular part of the treaty, it is not acceptable unless:
~The part of the treaty in question can be
separated from the treaty as a whole.
~The part of the treaty in question is not an
essential part of the treaty.
~Being obligated to only the remainder of the
treaty is just.
Article 45

A state will lose the right to invalidate,

terminate, withdraw or suspend the
operation of a treaty if after becoming
aware of facts under Articles 46-50 and 60
and 62, still expressly agree that the treaty
remains valid, or by its conduct accepts
the validity of the treaty.
Article 46

A state cannot use the reason that

they do not consent to the treaty
as it violates their domestic law,
unless that domestic law is of
fundamental importance.
Article 47

If a representative of state expresses

consent of the treaty with a specific
exception, that exception is not
grounds for invalidating consent of the
treaty, unless that exception was
notified to participating states.
Article 48

A state may give error as a reason to invalidate its

consent to a treaty, if it relates to a fact or situation
that was assumed by the state and this fact or
situation is the essential basis of their consent to the
treaty. Error to invalidate consent to a treaty does not
apply if by the states own conduct caused the error,
or if they had advanced notice of the error. An error
to the wording of the treaty does not invalidate the
treaty, see Article 79.
Article 49

If a state concludes a treaty by

the fraudulent conduct of another
participating state, it is reason to
invalidate the state’s consent to a
treaty.
Article 50

If a state concludes a treaty by a

corrupt representative, directly or
indirectly by another participating
state, it is grounds to invalidate the
state’s consent to a treaty.
Article 51

If a state concludes a treaty by

a representative who has been
coerced, the state’s consent to
a treaty has no legal effect.
Article 52

If a state concludes a treaty by

being threatened by the possibility
of or use of force (that violates the
UN Charter), the consent of a
treaty is void.
Article 53

If a norm of general international

law, that is accepted and
recognized by the international
community, conflicts with the
treaty, then the treaty is void.
Article 54

A treaty can be terminated or a party

can withdraw from a treaty as
followed in the text of the treaty, or at
any time from the consent of all other
parties to the treaty.
Article 55

Unless specifically mentioned in the

treaty, a treaty does not terminate
solely for the reason that it does not
meet a required number of parties for
its entry into force.
Article 56

A treaty that has no mention of its termination is

not possible to denounce or withdraw from,
unless all parties express the possibility of this
termination being possible, or if the treaty by its
nature implies the possibility of its termination. If
termination is possible, a party must give at least
twelve months notice of its intention to withdraw
or denounce a treaty.
Article 57

The operation of the treaty may

be suspended as expressed by the
treaty, or at anytime from the
consent of all other parties to the
treaty.
Article 58

Suspension of a multilateral treaty by certain parties only

- Two parties may agree to suspend a multilateral treaty by
themselves alone if this possibility is made clear in the treaty,
and if the suspension in question is not prohibited by the
treaty. This suspension must not affect the rights and
performance of other parties to the treaty, and the suspension
is only possible if is not an essential provision of the treaty (in
accordance with the object and purpose of the treaty).
- Anything other than the above conditions must be notified
by all other parties to the treaty of their intention to suspend
provisions of the treaty.
Article 59

- A treaty will be terminated if all the parties

conclude that there is a later treaty on the
same subject matter that should be
governed by the later treaty, and the
current treaty cannot be governed at the
same time as the later treaty.
- A treaty will be suspended in operation if
mentioned in the later treaty or all parties
intend the treaty to be suspended.
Article 60

Termination or suspension of a treaty as a consequence

of its breach
- If a state party to a bilateral treaty breaches it, the
other party have grounds to terminate or suspend
the operation of the treaty in whole or in part.
- A breach of a multilateral treaty allows the other
parties (by unanimous agreement) to terminate or
suspend the entire (or part of the) treaty between
all parties, or to terminate the relations between all
parties and the state that breached it.
- A party specifically affected by the breached
state may use this as grounds to terminate or suspend
the treaty between it and the breached state.
- If the material breach of a treaty by a state radically
affects the position of every party to the treaty in its
performance and obligations, this then allows a state
to use this as grounds to terminate or suspend the
operation of the treaty for itself.
- A material breach means a rejection of its duty to
the treaty, or a violation of the essential object and
purpose of the treaty.
Article 61

Supervening impossibility of performance

- If a party to a treaty cannot perform its obligations due to
the permanent disappearance or destruction of an object
vital to performing the treaty, it can be a ground for that state
to terminate or withdraw from the treaty.
- If the impossibility to perform its obligation is temporary, it can
only be a ground for suspending the operation of the treaty.
- If a party to a treaty cannot perform its obligations as it has
breached any obligation of the treaty or breached any other
international obligation to a party to the treaty, this cannot be
ground to terminate, withdraw or suspend the operation of a
treaty.
Article 62

Fundamental change of circumstances

- A fundamental change of circumstance from when the
treaty was concluded cannot be grounds for terminating or
withdrawing from the treaty, unless the circumstance formed
an essential basis of a party’s consent to a treaty, or if the
change of circumstance radically changes the obligations to
be performed by the party.
- A fundamental change of circumstance also cannot be
grounds for terminating or withdrawing from a treaty if:
~ The treaty establishes a boundary.
~ The change is the result of a party’s breach of
obligation of the treaty or the party breached any
other treaty.
Article 63

The severance of diplomatic or consular

relations does not affect the legal relations
between the parties to the treaty, unless
diplomatic relations between these parties
are a inseparable factor in the functioning
of the treaty.
Article 64

If a new peremptory norm of

international law (jus cogens)
emerges, any current treaty which
does not correlate with the norm
will be void.
Article 65

Procedure for withdrawal, termination, suspension, invalidity of

a treaty
- With respect to the above, the party that intends to do
so must notify all the parties.
- If the other parties raised no objection after three
months, the party that requested that action can carry it
out.
- If parties or one party objected to that state’s intention,
it must be settled through Article 33 of the UN Charter
(negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional
arrangements, or other peaceful means).
Article 66

If the dispute is to be settled by Article 33 of

the UN Charter, a solution is to be reached
within twelve months from the date the
objection was made. If it is not, the
objecting state may submit an application
to the International Court of Justice for a
decision.
Article 67

The notification of Article 65 must be made in

writing. To declare the treaty to be withdrawn,
terminated, suspended or rendered invalid shall
be carried out through an instrument
communicated to the other parties. The
instrument should be signed by the Head of State,
Head of Government, Minister for Foreign Affairs
or a representative demonstrating full powers.
Article 68

A notification or instrument
provided in Articles 65 to 67 can
be revoked at any time before it
takes effect.
Article 69

Consequences of the invalidity of a treaty

- Procedure followed successfully in this Convention to
cause a treaty to be invalid will cause that treaty to be
deemed void and without legal force.
- If after it being rendered invalid, acts were performed
based on that treaty:
~Each party may need to establish in their relations
the position they would be in if the act did not
occur.
~Acts performed in good faith before the treaty
was invalid are considered lawful based on the
treaty.
Article 70

Consequences of the termination of a treaty

- Unless mentioned on the treaty or all parties agree, the
termination of the treaty under the procedure of this
Convention releases all parties from the obligations of the
treaty. The termination of a treaty does not affect any
rights, obligations or legal situations created by the parties
involved during the performance of the treaty prior to its
termination.
- If a state party withdraws from a multilateral treaty before
a treaty is terminated, the termination of obligations of that
state to the other parties take effect from the date that the
withdrawal took effect.
Article 71

Consequences of the invalidity of a treaty conflicting with a peremptory

norm of international law
- If a treaty is void under Article 53, the parties shall avoid
performing any act which conflicts with the peremptory norm of
international law, and bring their acts in conformity with this
norm.
- If a treaty is void under Article 64, the treaty is terminated
and releases all parties from the obligations of the treaty. The
termination of the treaty does not affect any rights, obligations
or legal situations created by the parties involved prior to its
termination. The rights, obligations or legal situations by the parties
cannot be continued after the treaty’s termination if it conflicts with the
new peremptory norm of international law.
Article 72

Consequences of the suspension of the operation of a treaty

- Unless mentioned on the treaty or all parties agree, the
suspension of the treaty under the procedure of this
Convention releases all parties from the obligations of the
treaty during the period of suspension.
- The suspension of a treaty does not affect other legal
relations between the parties.
- During the suspension period, all parties will refrain from
acts that seemingly obstruct the treaty to resume.
Part VI: Miscellaneous
provisions
Article 73

The Convention shall not prejudge any

question that may appear in regard of
a treaty through state succession,
state responsibility or an outbreak of
hostilities.
Article 74

Severing diplomatic or consular

relations between states does not
affect the situation of the treaty, or
the conclusion of a treaty
between these states.
Article 75

The Convention shall not prejudice

any obligation to a treaty against
any aggressor state that took
measures in conformity with the
United Nations Charter.
 Part VII: Depositaries,
notifications, corrections
and registration
Article 76

The location of depositary of the treaty will

be according to where it states on the
treaty, or at a location that all participating
states agree. The depositary is under
obligation to act in accordance with its
functions, as it is of an international
character.
Article 77

The functions of a depositary are (unless otherwise mentioned in a treaty or otherwise

agreed by all states):
- Keep the original full text of the treaty.
- Prepare certified copies of the original full text or additional languages as
required.
- Receiving signatures to the treaty and keep any documents in relation to it.
- Ensuring the signatures and related documents are in the right format, and if
not, notify the concerned state.
- Inform parties and participating states of any notices or communications
relating to the treaty.
- When the number of signatures, ratifications, acceptances, approval or
accession have reached the required number, inform all states involved of its
entry into force
- Register the treaty with the Secretariat of the United Nations.
- Perform any other functions as mentioned in this Convention.
If a state party feels the depositary is
not doing its function, the depositary
shall bring this to the attention of all
parties and participating states, or if
not appropriate, a relevant
intergovernmental organization
Article 78

Unless otherwise mentioned in a treaty, any notification by any

state shall:
- Be submitted to the states intended. If there is a
depositary, it shall be submitted to the depositary
instead.
- The notification shall only be valid if it has been
received by the depositary. If there is no depositary, it
will be valid once received by the states intended.
- If received by the depositary, the notification is only
valid once the depositary has communicated it to the
states intended.
Article 79

After the authentication of a treaty, if the participating

states agree it contains an error, unless decided by
agreed means, it will be corrected:
- By having the appropriate correction made to the
text of the treaty.
- Executing a change of instruments setting out the
correction.
-Executing a corrected version of the whole treaty.
If there is a depositary, the depositary will notify all participating
states of the error and propose to correct it with a designated
time limit to which objections can be made. If on the expiry of
the time limit:
- No objections are raised, the depositary will correct the
error and communicate a notification (procès-verbal) to
all participating states.
-An objection is raised, the depositary will communicate
this objection to all participating states.
The correction of the treaty will be notified to the Secretariat of
the United Nations.
Article 80

Once a treaty has entered into

force, it will be transmitted to
the Secretariat of the United
Nations for publication.
Part VIII: Final
Provisions
Article 81

This Convention is open to all member states of

the United Nations or any specialised agencies or
the International Atomic Energy Agency or
parties to the Statute of the International Court of
Justice. It is also open to any state invited by the
General Assembly of the United Nations until 30th
November 1969 at the Ministry of Foreign affairs in
Austria, or 30th April 1970 at the United Nations in
New York.
Article 82

This Convention is subject to

ratification. Instruments of
ratification are at the United
Nations in New York.
Article 83

This Convention is open to

accession by any state in
Article 81.
Article 84

This Convention will enter into

force on the thirtieth day after
thirty five states have acceded
or ratified it.
Article 85

This Convention is equally

authentic in English, Chinese,
French, Russian and Spanish. It
shall be deposited at the United
Nations.
Done on the 23rd May,
1969.