announcement The Organization was on July 3, 2019 ,According to the UN Office of Counter-Terrorism Nineteen stipulates in anti-terrorist regulations ,Founded in the United States 。The organization will fulfill its responsibilities in accordance with international law,Contribute to the international peace order and the well-being of human society.
Consular certification methods
According to the Consular Certification Measures, which came into effect on March 1, 2016, consular certification refers to the activity of consular certification bodies to confirm the authenticity of the last seal or signature on domestic foreign-related notarized certificates, other supporting documents or relevant foreign instruments, based on the application of natural persons, legal persons or other organizations. Chinese embassies and consulates abroad can apply for consular certification for notarial certificates or other supporting documents issued by relevant institutions in the country of residence and certified by the Ministry of Foreign Affairs of the country of residence or institutions authorized to handle consular certification, which are intended to be sent to China for use.
The purpose of consular certification is to enable the documents issued by one country to be recognized in the territory of other countries, and not to affect their extraterritorial legal effects due to doubts about the authenticity of the seals and signatures on the documents.
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Certified by the Consulate General of the People's Republic of China in Los Angeles on July 10, 2019
Vienna Convention on the Law of Treaties
(Done at Vienna on 23 May 1969)
[This Convention entered into force on January 27, 1980]
The Parties to the present Convention.
Having regard to the fundamental place of treaties in the history of international relations
Recognizing the increasing importance of treaties as a source of international law and as an instrument for the development of peaceful cooperation among States irrespective of their constitutional and social systems
Considering that the principles of free consent and good faith and the pacta sunt servanda rule are universally recognized
Recognizing that all disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law
Mindful that the peoples of the United Nations are united in their determination to establish conditions under which justice and respect for the obligations arising from treaties can be maintained
Considering the principles of international law enshrined in the Charter of the United Nations, such as the equal rights and self-determination of peoples, the sovereign equality and independence of all States, non-interference in the internal affairs of States, the prohibition of the threat or use of force, and universal respect for and observance of human rights and fundamental freedoms for all
Convinced that the codification and progressive development of the law of treaties agreed to in this Convention will further the purposes of the United Nations as set forth in the Charter, namely, to maintain international peace and security and to develop friendly relations and cooperation among nations
Recognizing that the rules of customary international law shall continue to prevail in respect of questions not governed by the provisions of the present Convention
I hereby agree on the following provisions.
Part I Introduction
Article 1 Scope of the present Convention
This Convention shall apply to treaties between States.
Article 2 Terminology
1. For the purposes of the application of this Convention
(a) The term "treaty" means an international written agreement concluded between States and governed by international law, whether contained in a single instrument or in two or more interrelated instruments, and whatever its particular designation.
(b) The terms "ratification", "acceptance", "approval" and "accession" each mean, in the context, the treaty by which a State establishes its consent to be bound by the treaty at the international level. (b) The terms "ratification", "acceptance", "approval" and "accession" each mean, in their intended meaning, the international act by which a State establishes its consent to be bound by a treaty at the international level
(c) The term "credentials" means documents issued by the competent authority of a State designating a person or persons to negotiate, negotiate or authenticate on its behalf the text of a treaty, expressing its consent to be bound by the treaty or to perform any other act in relation to the treaty.
(d) The term "reservation" means a unilateral statement, however phrased or named, made by a State when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State
(e) The term "negotiating State" means a State participating in the drafting and negotiation of the text of a treaty.
(f) The term "State Party" means a State which has consented to be bound by a treaty irrespective of whether or not it has entered into force
(g) "Party" means a State which has consented to be bound by the treaty and for which the treaty is in force
(h) The term "third State" means a State which is not a party to the treaty.
(i) the term "international organization" means an intergovernmental organization.
The provisions of subparagraph 1 relating to the terms used in this Convention are without prejudice to the use or meaning that such terms may have under the domestic law of any State.
Article 3 International Agreements not covered by the present Convention
The fact that this Convention does not apply to international agreements concluded between States and other subjects of international law or to international agreements between such other subjects of international law or to unwritten international agreements does not affect
(a)the legal effect of such agreements.
(b)the application to such agreements of any rule contained in this Convention which, in accordance with international law, need not be based on this Convention that would otherwise apply to such agreements
(c) This Convention applies to international agreements between States to which other subjects of international law are also parties on the basis of their mutual relations.
Article 4 Non-retroactivity of the present Convention
Without prejudice to the application under international law of any rule contained in this Convention which would otherwise apply to treaties on the basis of this Convention, this Convention shall apply only to treaties concluded by States after the entry into force of this Convention for each State.
Article 5 - Treaties constituting an international organization and treaties negotiated within an international organization
This Convention shall apply to any treaty which is the constituent instrument of an international organization and to any treaty agreed to within an international organization, without prejudice to any relevant rules of that organization.
Conclusion and Entry into Force of Treaties
Section I. Conclusion of Treaties
Article 6 Capacity of States to Conclude Treaties
Every State has the capacity to conclude treaties.
Article VII Credentials
1. A person is considered to have agreed or authenticated the text of a treaty or expressed the consent of a State to be bound by a treaty if that person either
(a) issues appropriate credentials; or
(b) by reason of the practice of the States concerned or other circumstances it appears that the intention of those States is to consider that person as representing that State for the purpose of that matter and that he or she may be exempt from credentials.
2. The following persons shall be considered as representing their State by virtue of the office they hold without having to produce full powers
(a)Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts in connection with the conclusion of treaties.
(b)Heads of embassies, for the purpose of negotiating treaties between the sending State and the State of residence.
(c) Representatives accredited by a State to an international conference or to an international organization or to an organ of that international organization, for the purpose of negotiating the text of a treaty agreed upon at that conference, organization or organ.
Article 8 Subsequent confirmation of acts performed without authorization
An act relating to the conclusion of a treaty which cannot be regarded as having been performed by a person authorized to act on behalf of a State for that purpose under Article 7 shall not have legal effect unless subsequently confirmed by that State.
Article 9 - Negotiation of Treaties
1. Except as provided in subparagraph 2, the consent of all the States participating in the drafting of the treaty shall be required for the negotiation of the text of the treaty.
2. The agreement on a treaty at an international conference shall be by a two-thirds majority of the States present and voting, unless such States decide by the same majority to apply another rule.
Article 10 Authentication of the Treaty Text
The text of a treaty shall be authenticated in the following manner.
(a) in accordance with the procedures contained in the text or by agreement of the States participating in its preparation; or
(b) in the absence of such a procedure, by the signature of the representatives of such States on the text of the treaty, or on the final act of the Conference containing the text, as signatures or initialled for approval.
Article 11 Manner of expressing consent to be bound by a treaty
The consent of a State to be bound by a treaty may be expressed by signature, by exchange of instruments constituting the treaty, by ratification, acceptance, approval or accession, or by any other means of consent.
Article 12 Consent to be bound by a treaty expressed by signature
1. The consent of a State to be bound by a treaty shall be expressed by the signature of its representative if
(a) the treaty provides that signature has that effect
(b) By agreement between the negotiating States; or
(c) the intention of that State to make the signature so effective is evident from the credentials of its representative or was expressed at the time of the negotiations.
II. For the application of the first subparagraph.
(a) If it is established that the negotiating State so agreed, the initialling of the instrument constitutes the signature of the treaty.
(b) The signature of a representative to a treaty subject to ratification shall, if confirmed by his own State, constitute a formal signature to the treaty.
Article 13 Consent to be bound by a treaty expressed by the exchange of instruments constituting the treaty
The consent of States to be bound by a treaty constituted by an instrument exchanged between them is expressed by such an exchange if
(a) the instrument provides for such an exchange to have that effect; or
(b) it is otherwise established that the exchange of such instruments of agreement between the States has that effect.
Article 14 Consent to be bound by a treaty expressed by ratification of acceptance or approval
1. The consent of a State to be bound by a treaty is expressed by ratification if
(a) The treaty provides for the expression of consent by way of ratification
(b) It has been otherwise established that the agreement of the negotiating States requires ratification
(c) The representative of that State has signed the treaty subject to ratification; or
(d) the signature of that State to the treaty subject to ratification is evidenced by the credentials of its representative or was so expressed at the time of the negotiations.
2. The consent of a State to be bound by a treaty expressed by means of acceptance or approval shall be subject to the same conditions as those applicable to ratification.
Article 15 Consent to be bound by a treaty expressed by accession
The consent of a State to be bound by a treaty shall be expressed by accession if
(a) the treaty provides that the State may express such consent by accession
(b) It is otherwise agreed by the identified negotiating States that the State may express such consent by accession
(c) All the parties have subsequently agreed that the State may express such consent by accession.
Exchange or deposit of instruments of ratification, acceptance, approval or accession
Unless otherwise provided in the treaty, an instrument of ratification, acceptance, approval or accession establishes the consent of a State to be bound by the treaty in the following manner
(a) Exchange between the States Parties.
(b) by deposit of the instrument with the depositary; or
(c) by agreement, by notification to the States Parties or to the depositary.
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Article 17 Consent to be bound by a part of a treaty and the choice of different provisions
1. Without prejudice to Articles 19 to 23, the consent of a State to be bound by a part of a treaty shall be effective only if the treaty so permits or if the other parties consent.
2. The consent of a State to be bound by a treaty permitting the choice of a different provision shall be effective only if it specifies the provision to which it consents.
Article 18 Obligation not to defeat the object and purpose of a treaty before its entry into force
A State is under an obligation not to take any action which would defeat the object and purpose of the treaty
(a) If it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification. (a) if it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, or has accepted or approved it, but has not expressly disclaimed becoming a party to the treaty; or
(b) If that State has expressed its consent to be bound by the treaty and the treaty has not yet entered into force and its entry into force is not prolonged.
Section II Reservations
Article 19 Formulation of reservations
A State may, at the time of signature, ratification, acceptance, approval or accession, formulate a reservation to a treaty unless
(a) The reservation is prohibited by the treaty.
(b) The treaty authorizes only specified reservations and the reservation in question is not included; or
(c) In cases not falling under subparagraphs (a) and (b), the reservation is incompatible with the object and purpose of the treaty.
Article 20 Acceptance of and objection to reservations
1. A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States, unless the treaty so provides.
2. Where, from the limited number of the negotiating States and the object and purpose of the treaty, it appears that the application of the treaty in its entirety between all the parties is necessary for the consent of each of them to be bound by the treaty, the acceptance of the reservation by all the parties is required.
3. Where the treaty is the constituent instrument of an international organization, the acceptance of the reservation by the competent organ of that organization is required, unless the treaty provides otherwise.
4. In cases not falling under the preceding subparagraphs, unless the treaty provides otherwise.
(a) Acceptance of a reservation by another contracting State constitutes the reserving State a party to the treaty in relation to that other contracting State, provided that the treaty is in force for each of them.
(b) An objection by another contracting State to a reservation does not preclude the entry into force of the treaty as between the objecting State and the reserving State, unless a contrary intention is definitely expressed by the objecting State
(c) An act expressing the consent of a State to be bound by a treaty to which a reservation is attached becomes operative as soon as at least one other contracting State has accepted the reservation.
5. For the application of subparagraphs 2 and 4, unless the treaty otherwise provides, a reservation is considered to have been accepted by a State if it has not objected to the reservation by the end of a period of twelve months after it was notified of the reservation or by the date on which it expressed its consent to be bound by the treaty, whichever is later.
Article 21 Legal effects of reservations and objections to reservations
1. A reservation established with regard to another party in accordance with Articles 19, 20 and 23
(a) modifies, in relation to the reserving State, the provisions of the treaty to which the reservation relates to the extent of the reservation in its relations with that other party; and
(b) modifies those provisions to the same extent in its relations with the reserving State in respect of that other party.
2. The reservation does not modify the provisions of the treaty as between the other parties to the treaty.
3. If a State objecting to a reservation has not opposed the entry into force of the treaty as between itself and the reserving State, the provisions to which the reservation relates shall not apply as between those two States to the extent of the reservation.
Withdrawal of reservations and of objections to reservations
1. Unless the treaty otherwise provides, a reservation may be withdrawn at any time without the consent of the State which has accepted it.
2. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time.
3. Unless the treaty otherwise provides or it is otherwise agreed
(a) The withdrawal of a reservation becomes operative in relations with another contracting State only when notice of its withdrawal has been received by that State.
(b) The withdrawal of an objection to a reservation becomes operative only when notice of it has been received by the State which formulated the reservation.
Article 23 Procedure regarding reservations
1. A reservation, an express acceptance of a reservation and an objection to a reservation must be formulated in writing and communicated to the contracting States and other States entitled to become parties to the treaty.
2. A reservation formulated when signing a treaty subject to ratification, acceptance or approval must be formally confirmed by the reserving State when expressing its consent to be bound by the treaty. In such a case, the reservation shall be deemed to have been formulated on the date of its confirmation.
An express acceptance of a reservation or an objection to a reservation formulated prior to confirmation of the reservation does not itself require confirmation.
4. The withdrawal of a reservation or the withdrawal of an objection to a reservation must be in writing.
Section III Entry into force and provisional application of treaties
Article 24 Entry into force
A treaty enters into force in the manner and on the date provided for in the treaty or by agreement of the negotiating States.
2. In the absence of such provisions or agreement, a treaty shall enter into force as soon as it has been established that all the negotiating States have agreed to be bound by it.
Unless otherwise provided in the treaty, a treaty enters into force for a State whose consent to be bound by the treaty is established on a date subsequent to the date of entry into force of the treaty.
4. The provisions of the treaty relating to the authentication of the text of the treaty, the determination of the consent of the State to be bound by the treaty, the manner or date of entry into force of the treaty, reservations, the functions of the depositary and other matters arising, of course, before the entry into force of the treaty shall apply from the time when the text of the treaty is agreed upon.
Article 25 Provisional application
1. A treaty or a part of a treaty applies provisionally pending its entry into force if
(a) the treaty itself so provides; or
(b) The negotiating States have otherwise agreed to do so.
2. Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or part of a treaty in respect of a State terminates when that State notifies the other States that have provisionally applied the treaty of its intention not to become a party to it.
Part III Compliance, Application and Interpretation of Treaties
Section I. Observance of treaties
Article 26 - Permissibility of Treaties
A treaty in force is binding on the parties thereto and must be performed in good faith by each of them.
Article 27 Domestic Law and Compliance with Treaties
A party may not invoke the provisions of its internal law as justification for failure to perform a treaty. This rule is without prejudice to Article 46.
Section II Application of Treaties
Article 28 Non-retroactivity of treaties
Unless the treaty expresses a different intention, or it is otherwise established, the provisions of the treaty shall not bind a party with respect to any act or fact which occurred or any situation which ceased to exist prior to the date on which the treaty enters into force for that party.
Article 29 Territorial scope of the treaty
Unless the treaty expresses a different intention or determines otherwise, the treaty shall be binding on each of the parties in respect of its entire territory.
Article 30 Application of successive treaties relating to the same subject matter
Subject to Article 103 of the Charter of the United Nations, the rights and obligations of the parties to a treaty concluded successively in respect of the same matter shall be determined in accordance with the following provisions.
2. Where a treaty provides that it is not inconsistent with a prior or subsequent treaty or shall not be deemed inconsistent with a prior or subsequent treaty, the provisions of the prior or subsequent treaty shall prevail.
3. When all the parties to a prior treaty are also parties to a subsequent treaty but do not terminate or suspend the operation of the prior treaty in accordance with Article 59, the prior treaty shall apply only to the extent that its provisions are compatible with those of the subsequent treaty.
4. Where the parties to the subsequent treaty do not include all the parties to the earlier treaty.
(a) the same rule as in subparagraph (iii) applies as between the parties to both treaties.
(b) The rights and obligations between the parties to both treaties and the parties to only one of them are governed by the treaty to which they are both parties.
V. The fourth subparagraph is without prejudice to any question of termination or suspension of the operation of a treaty under article 41 or under article 60, or of the responsibility of a State arising from the conclusion or application of a treaty the provisions of which are incompatible with the obligations of that State towards another State under another treaty.
Section III. Interpretation of treaties
Article 31 General rule of interpretation
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
2. For the purpose of interpreting a treaty, the context shall include, in addition to the text of the treaty, including the preamble and the annexes
(a) any agreement relating to the treaty concluded between all the parties by virtue of its conclusion
(b) Any instrument made by more than one party in connection with the conclusion of the treaty and accepted by the other parties as an instrument relating to the treaty.
III. To be considered together with the context are also
(a) Any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions
(b) Any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation
(c) Any relevant rules of international law applicable in the relations between the parties.
4. Where it is established that the parties so intended, the terms of the treaty shall be given a special meaning.
Article 32 Additional information for the purpose of interpretation
For the purpose of establishing the meaning to be derived from the application of Article 31, or in the event of an interpretation in accordance with Article 31
(a) the meaning is still unclear or difficult to understand; or
(b) the result obtained is manifestly absurd or unreasonable, additional means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, may be used for the purpose of ascertaining its meaning.
Article 33 Interpretation of treaties authenticated in two or more languages
If the text of a treaty is authenticated in more than two languages, the text of each language shall be authenticated in the same way, except in the event of a difference in meaning in accordance with the provisions of the treaty or the agreement of the parties, in which case one of the texts shall be taken as the basis.
2. A translation of a treaty in a language other than the authenticated authentic language shall be deemed to be authentic only when the treaty so provides or when the parties so agree.
3. The terms of the treaty are presumed to have the same meaning in each authentic text.
Except in the case where the first paragraph shall be based on a particular text, if a comparison of the authentic texts reveals differences in meaning which cannot be eliminated by the application of Articles 31 and 32, the most harmonious meaning of the texts, taking into account the object and purpose of the treaty, shall be adopted.
Section IV. Treaties and Third Countries
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Section IV Treaties and Third Countries
Article 34 General Provisions on Third States
A treaty does not create obligations or rights for a third State except with the consent of that State.
Article 35 Treaties creating obligations for third States
A third State is obliged by a provision of a treaty which it intends to use as a means of creating an obligation, and which has been expressly accepted in writing by that third State.
Article 36 - Treaties creating rights for third States
1. If a State party to a treaty intends to grant a right by a provision of the treaty to a third State, or to a group of States or to all States of which it is a member, and that third State consents thereto, that third State shall enjoy that right by virtue of that provision. In the absence of any indication to the contrary by that third State, its consent shall be presumed, unless the treaty provides otherwise.
2. A State exercising its rights under the first subparagraph shall exercise such rights in conformity with the provisions of the treaty or in accordance with the conditions established therein.
Article 37 Cancellation or Modification of Obligations or Rights of Third States
When an obligation is imposed on a third State in accordance with Article 35, such obligation may be cancelled or modified only with the consent of the parties to the treaty and the third State, unless it is determined that they have agreed otherwise.
2. When a third State is given a right in accordance with Article 36, the parties may not cancel or modify that right if it is established that the intention is that the right cannot be cancelled or modified without the consent of that third State.
Article 38 Rules contained in treaties which become binding on third States by virtue of international custom
The provisions of Articles 34 to 37 shall not prevent the rules contained in a treaty from becoming customary rules of international law binding on third States.
Part IV Amendment and Modification of Treaties
Article 39 General rule concerning the amendment of treaties
A treaty may be amended by agreement of the parties and, unless the treaty may provide otherwise, such agreement shall be governed by the rules set forth in Part II.
Article 40 Amendment of Multilateral Treaties
1. Unless otherwise provided in the treaty, amendments to multilateral treaties are governed by the following provisions.
2. Any proposal to amend a multilateral treaty between all the parties must be notified to all the parties, each of which shall be entitled to participate.
(a)A decision on action to be taken on such proposal.
(b) The negotiation and conclusion of any agreement amending the treaty.
3. Any State entitled to become a party to the treaty shall also be entitled to become a party to the amended treaty.
4. An agreement amending a treaty shall not be binding on a State which is a party to the treaty but which is not a party to the agreement, and Article 30, paragraph 4 (b), shall apply to such a State.
5. A State which becomes a party to a treaty after the entry into force of an agreement amending the treaty shall, in the absence of an expression of different intention
(a) shall be considered as a party to the amended treaty, and
(b) shall be considered as a party to the unamended treaty for the purposes of its relations with the parties to the treaty which are not bound by the agreement amending the treaty.
Article 41 Agreements modifying multilateral treaties between certain parties only
1. Two or more parties to a multilateral treaty may conclude an agreement to modify the treaty only as between themselves if
(a) the possibility of such modification is provided for in the treaty; or
(b) The modification in question is not prohibited by the treaty and
(i) Does not affect the enjoyment of the rights or the performance of the obligations of the other parties under the treaty
(ii) does not involve any provision which, if derogated from, would be incompatible with the effective exercise of the object and purpose of the treaty as a whole.
2. Except in cases falling under paragraph 1 (a), where the treaty provides otherwise, the parties concerned shall notify the other parties of their intention to conclude the agreement and of any modification of the provisions of the treaty effected by the agreement.
invalidity, termination and suspension of operation of the treaty
Section I. General Provisions
Article 42 Validity and Continuity of Treaties
The validity of a treaty or the effect of the consent of a State to be bound by a treaty may be challenged only through the application of this Convention.
2. Termination of a treaty, denunciation of a treaty, or withdrawal of a party from a treaty, may take place only as a result of the application of the provisions of the treaty or of this Convention. The same rule applies to the suspension of the operation of a treaty.
Article 43 Obligations not imposed by international law on the basis of a treaty
The invalidity, termination or denunciation of a treaty as a consequence of the application of this Convention or of the provisions of the treaty, the withdrawal of the parties therefrom, or the suspension of its operation shall in no way impair the duty of any State under international law to fulfil any obligation contained in the treaty which it is not required to fulfil on the basis of the treaty.
Article 44 - Separability of provisions of treaties
1. Unless the treaty otherwise provides or the parties otherwise agree, the right of the parties to denounce, withdraw from or suspend the operation of a treaty provided for in the treaty or arising out of article 56 shall be exercisable only in respect of the treaty as a whole.
2. The grounds for invalidating, terminating, withdrawing from or suspending the operation of a treaty recognized in this Convention may be invoked only in respect of the treaty as a whole, except in the cases specified below or in Article 60.
3. If the grounds relate only to a specific provision, they may be invoked only in respect of that provision if
(a) The provision in question is separable from the remainder of the treaty in its application.
(b) It appears from the treaty or is otherwise established that acceptance of each of those provisions 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) the continued operation of the remainder of the treaty would not be inequitable.
4. In the cases referred to in Articles 49 and 50, a State entitled to invoke the grounds of fraud or bribery may do so in respect of the treaty as a whole or, subject to subparagraph 3, in respect of specific provisions.
5. In the cases referred to in Articles 51, 52 and 53, the provisions of the treaty shall not be severable.
Article 45 Loss of the right to invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty
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) the State has expressly agreed that the treaty is in force or continues in force or continues in operation; or
(b) The State must be regarded, by its conduct, as having acquiesced in the validity of the treaty or in its continued entry into force or operation.
Section II. Invalidity of treaties
Article 46 - Provisions of domestic law concerning competence to conclude treaties
A State may not invoke an expression of its consent to be bound by a treaty as a violation of a provision of its internal law relating to competence to conclude treaties in order to withdraw its consent, unless the violation is manifest and concerns a rule of its internal law of fundamental importance.
2. A violation is manifest if it is objectively regarded as obvious by any State which has dealt with the matter in good faith and in accordance with its ordinary practice.
Article 47 Specific limitations on the power to express the consent of a State
If a representative expresses the consent of a State to be bound by a treaty subject to a specific limitation, that State may not invoke the fact that the representative has not complied with the limitation in order to withdraw its consent, unless the other negotiating States have been notified of the limitation prior to the expression of its consent.
Article 48 Error
Article 48 Error
1. A State may invoke an error in a treaty in order to revoke its consent to be bound by the treaty, provided that the error relates to a fact or circumstance which the State assumes to exist at the time of the conclusion of the treaty and which constitutes the necessary basis for its consent to be bound by the treaty.
2. The first subparagraph shall not apply if the error was contributed to by the conduct of the State concerned itself or if the circumstances were such as to put that State on notice of the possibility of the error.
3. Errors relating solely to the wording of the treaty shall not affect the validity of the treaty, and in such cases Article 79 shall apply.
Article 49 Fraud
If a State concludes a treaty as a result of fraudulent conduct on the part of another negotiating State, that State may invoke fraud as a ground for withdrawing its consent to be bound by the treaty.
Article 50 Bribery of a representative of a State
If a State's consent to be bound by a treaty has been obtained by bribing, directly or indirectly, the representatives of another negotiating State, that State may invoke bribery as a ground for revoking its consent to be bound by the treaty.
Article 51 Coercion of a State's representatives
The consent of a State to be bound by a treaty shall have no legal effect if it has been obtained by coercion of its representatives by act or threat.
Article 52 Coercion of a State by threat or use of force
A treaty concluded by threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations shall be null and void.
Article 53 Treaties incompatible with the general law of jus cogens (jus cogens)
A treaty is void to the extent that it was concluded in conflict with a peremptory norm of general international law. For the purpose of the application of this Convention, a peremptory norm of general international law means a norm which is accepted and recognized by the international community of States as a whole as not subject to derogation and which may be modified only by a subsequent norm of general international law of the same character.
Section III Termination of Treaties and Suspension of Operation
Article 54 Termination or withdrawal from a treaty in accordance with its provisions or with the consent of the parties
A treaty may be terminated, or a party may withdraw from a treaty, if
(a) in accordance with the provisions of the treaty; or
(b) Whenever all the parties have consented thereto after consultation with the other parties.
Article 55 Reduction of the number of parties to a multilateral treaty below that necessary for its entry into force
Unless the treaty provides otherwise, a multilateral treaty is not terminated only if the number of other parties is reduced below the number necessary for its entry into force.
Article 56 Abolition or withdrawal from a treaty which does not provide for termination, denunciation or withdrawal
1. A treaty which has no provision for its termination and no provision for denunciation or withdrawal shall not be denounced or withdrawn from unless
(a) it is established that the parties intended to allow for the possibility of denunciation or withdrawal; or
(b) The nature of the treaty is such that it may be considered to contain a right of denunciation or withdrawal.
2. The parties shall give notice of their intention to denounce or withdraw from the treaty in accordance with the first subparagraph at least twelve months in advance.
Article 57 Suspension of the operation of a treaty in accordance with its provisions or with the consent of the parties
A treaty may be suspended in respect of all or one of the parties if
(a) in accordance with the provisions of the treaty; or
(b) Whenever the consent of all the parties has been expressed in consultation with the other parties.
Article 58 Suspension of a multilateral treaty by agreement of only some of the parties
1. Two or more parties to a multilateral treaty may suspend the operation of the provisions of the treaty provisionally and only by agreement between them, if
(a) the possibility of such suspension is provided for in the treaty, or
(b) the suspension is not prohibited by the treaty and
(i) does not affect the enjoyment of the rights or the performance of the obligations of the other parties under the treaty
(ii) Is not incompatible with the object and purpose of the treaty.
2. Except in cases falling under paragraph 1 (a), where the treaty provides otherwise, the parties concerned shall notify the other parties of their intention to conclude the agreement and of the provisions of the treaty under which they intend to suspend its operation.
Article 59 Implied termination or suspension of the operation of a treaty by reason of the conclusion of a subsequent treaty
1. Any treaty shall be deemed to have been terminated when all the parties thereto have concluded a subsequent treaty on the same subject matter and either
(a) it appears from the subsequent treaty or it is otherwise established that the intention of the parties is that the treaty shall prevail in respect of that matter; or
(b) the provisions of the subsequent treaty are inconsistent with those of the preceding treaty to such an extent that it is impossible to apply them simultaneously.
2. If it appears from the subsequent treaty or it is otherwise established that the parties so intended, the former treaty shall be deemed to have ceased to operate only.
Article 60 Termination or suspension of the operation of a treaty due to default
1. In the event of a material breach by one of the parties to a bilateral treaty, the other party shall be entitled to invoke the breach as a ground for terminating the treaty or for suspending its operation in whole or in part.
2. In the event of a material breach by one of the parties to a multilateral treaty
(a) The other parties shall be entitled, by unanimous agreement
(i) in the relations between each State and the defaulting State, or
(ii) as between all the parties
(a) the other parties shall be entitled, by unanimous agreement
(b) That the party specially affected by the breach is entitled to invoke the breach as a ground for suspending the operation of the treaty, in whole or in part, in its relations with the defaulting State.
(c) Any party other than the defaulting party shall be entitled to invoke the breach to suspend the operation of the treaty in whole or in part in its own relations with the defaulting party if, by reason of the nature of the treaty, there has been a material breach of its provisions by a party which has caused a fundamental change in the position of each party in relation to the continued performance of its obligations under the treaty.
3. For the purposes of the application of this Article, a material breach means
(a) the denunciation of a treaty where such denunciation is not authorized by this Convention; or
(b) A breach of a provision of the treaty to the extent that such provision is necessary to achieve the object or purpose of the treaty.
4. The preceding subparagraphs are without prejudice to any provision of the Treaty applicable to the breach.
V. The first to third subparagraphs shall not apply to the provisions contained in treaties of a humane nature relating to the protection of persons, and in particular to the prohibition of reprisals in any form against persons protected by such treaties.
Article 61 Incidental impossibility of performance
1. The parties may invoke impossibility of performance as a ground for terminating or withdrawing from a treaty if performance is rendered impossible by the permanent disappearance or destruction of an object indispensable for the execution of the treaty. If the impossibility of performance is of a temporary nature, it may be invoked only as a ground for suspension of the operation of the treaty.
2. A party may not invoke impossibility of performance as a ground for terminating, withdrawing from or suspending the operation of a treaty if such impossibility results from a breach of an obligation under the treaty by that party or from a breach of any other international obligation owed to any other party to the treaty.
Article 62 Fundamental change of circumstances
1. A fundamental change of circumstances existing at the time of the conclusion of a treaty which was not anticipated by the parties shall not be invoked as a ground for terminating or withdrawing from the treaty unless
(a) the existence of such circumstances constitutes the necessary basis for the consent of the parties to be bound by the treaty; and
(b) the effect of the change would radically alter the scope of the obligations remaining to be performed under the treaty.
2. A fundamental change of circumstances may not be invoked as a ground for terminating or withdrawing from a treaty.
(a) if the treaty establishes a boundary; or
(b) if the fundamental change of circumstances is the result of a breach of an obligation under the treaty or of any other international obligation owed to any other party to the treaty by the party invoking that ground.
3. If, in accordance with the foregoing, a party may invoke a fundamental change of circumstances as a ground for terminating or withdrawing from a treaty, that party may also invoke that change as a ground for suspending the operation of the treaty.
Article 63 Termination of Diplomatic or Consular Relations
The termination of diplomatic or consular relations between the parties to a treaty shall not affect the legal relations established by the treaty between them, unless the existence of diplomatic or consular relations is essential for the application of the treaty.
Article 64 Creation of a new jus cogens (jus cogens) rule of general international law
When a new jus cogens rule of general international law arises, any existing treaty which is in conflict with that rule shall become null and void and shall be terminated.
Section IV. Procedure
Article 65 Procedure to be followed with regard to the invalidity, termination, withdrawal from or suspension of the operation of a treaty
1. A party which invokes, in accordance with the provisions of this Convention, that its consent to be bound by a treaty was erroneous, or which invokes a ground for challenging the validity of a treaty, or for terminating, withdrawing from or suspending the operation of a treaty, must notify the other parties of its claim. Such notification shall contain the measures proposed to be taken in respect of the treaty and the reasons therefor.
2. If, after the expiration of a period of not less than three months from the time of receipt of the notification, no party objects, the notifying party may apply the measures proposed in the manner provided for in article 67.
3. If, however, any other party objects, the parties shall seek a solution by the means indicated in Article 33 of the Charter of the United Nations.
4. The foregoing shall in no way affect the rights or obligations of the Parties under any existing provisions relating to the settlement of disputes by which they are bound.
5. Without prejudice to Article 45, the fact that a State has not previously given the notification provided for in the first subparagraph shall not prevent it from giving such notification in response to a request by another party for performance of the treaty or an alleged breach thereof.
Article 66 Procedure for judicial settlement, arbitration and conciliation
If a settlement under Article 65, paragraph 3, is not reached within twelve months of the date of the objection, the following procedure shall be followed.
(a) Any Party to a dispute concerning the application or interpretation of Article 53 or 64 may submit the dispute to the International Court of Justice for decision by application, unless the Parties agree to submit the dispute to arbitration.
(b) Any Party to a dispute concerning the application or interpretation of any other provision of Part V of this Convention may initiate the procedure provided for in the Annex to this Convention by submitting a request to the Secretary-General of the United Nations.
Article 67 Instrument declaring the invalidity, termination, withdrawal from or suspension of the operation of a treaty
1. The notification provided for in Article 65, paragraph 1, shall be made in writing.
2. Any act of denunciation of the invalidity, termination, withdrawal from or suspension of the operation of a treaty in accordance with the provisions of the treaty or of Article 65, subparagraphs 2 or 3, shall be effected by an instrument addressed to the other parties. If the instrument has not been signed by the Head of State, the Head of Government or the Minister for Foreign Affairs, credentials may be required from the representatives of the State which has sent it.
Article 68 Withdrawal of notifications and instruments provided for in Articles 65 and 67
The notifications or instruments provided for in Articles 65 or 67 may be revoked at any time before they take effect.
Section V. Consequences of the Invalidity, Termination or Suspension of the Operation of a Treaty
Article 69 Consequences of the invalidity of a treaty
1. A treaty which is determined to be invalid in accordance with this Convention shall be null and void. If a treaty is invalid, its provisions shall have no legal effect.
2. If, however, an act has been performed in reliance on such a treaty, then
(a) Each party may require any other party to restore, as far as possible, in their relations with each other, the situation which would have existed if the act had not been performed.
(b) An act performed in good faith prior to the invocation of the grounds for invalidity of the treaty is not rendered unlawful by reason only of its invalidity.
3. The provisions of subparagraph (b) shall not apply to a party responsible for fraud, bribery or coercion in the cases referred to in articles 49, 50, 51 or 52.
4. In the event that the consent of a State to be bound by a multilateral treaty becomes invalid, the rules set forth above shall apply in the relations between that State and the parties to the treaty.
Article 70 Consequences of termination of a treaty
1. Unless otherwise provided in the treaty or agreed by the parties, when a treaty is terminated in accordance with its provisions or in conformity with this Convention
(a) relieves the parties of their obligation to continue performing the treaty
(b) does not affect any right, obligation or legal situation of the parties arising from the operation of the treaty prior to its termination.
2. If a State denounces or withdraws from a multilateral treaty, the provisions of the first subparagraph shall apply in the relations between that State and each of the other parties to the treaty as from the effective date of the denunciation or withdrawal.
Article 71 Consequences of the invalidity of a treaty due to its incompatibility with a peremptory norm of general international law
1. If a treaty is invalid under article 53, the parties shall
(a) eliminate, as far as possible, the consequences of acts performed pursuant to any provision of general international law which is incompatible with a peremptory norm; and
(b) bring their relations into conformity with the peremptory norms of general international law.
2. In the event of termination of a treaty which becomes invalid under Article 64, the termination of the treaty shall
(a) relieves the parties of their obligation to continue performing the treaty
(b) does not affect any right, obligation or legal situation of the parties arising from the operation of the treaty prior to its termination, provided that such right, obligation or situation is subsequently maintained only to the extent that it is not inconsistent with a new jus cogens rule of general international law.
Article 72 Consequences of the Suspension of the Operation of a Treaty
1. Unless the treaty otherwise provides or the parties otherwise agree, when a treaty ceases to operate by its own terms or in accordance with this Convention
(a) the parties to the suspended treaty are released from their obligations to perform the treaty in their relations with each other during the period of suspension
(b) Otherwise, it does not affect the legal relations between the parties as determined by the treaty.
2. During the suspension, the parties shall refrain from acts which would prevent the resumption of the operation of the treaty.
Part VI Miscellaneous Provisions
Article 73 - Succession of States, State responsibility and incidence of hostilities
The provisions of this Convention are without prejudice to any question of treaties arising in connection with the succession of States or the international responsibility of States, or in connection with the outbreak of hostilities between States.
Article 74 Diplomatic and Consular Relations and the Conclusion of Treaties
The severance of diplomatic or consular relations, or the absence of such relations, between two or more States shall not preclude the continuance of treaties between such States. The conclusion of a treaty shall not of itself affect the situation with regard to diplomatic or consular relations.
Article 75 - Question of the aggressor State
The provisions of this Convention are without prejudice to any treaty obligations of an aggressor State which may arise from measures taken in accordance with the Charter of the United Nations against that State in connection with an act of aggression.
Part VII Depositary, Notification, Correction and Registration
Article 76 Depositary of treaties
1. The depositary of a treaty may be designated by the negotiating States in the treaty or by other means. The depositary may be more than one State or an international organization or the executive head of such an organization.
2. The functions of the depositary of a treaty are international in character and the depositary is under an obligation to perform its functions impartially. In particular, the fact that a treaty has not yet entered into force between certain parties or that a dispute has arisen between a State and the depositary concerning the exercise of the functions of that organ shall not affect that obligation.
Article 77 Functions of the Depositary
1. Unless otherwise provided in the treaty or agreed by the parties, the functions of the depositary shall be, inter alia, to
(a) to have custody of the original text of the treaty and of any credentials communicated to the depositary.
(b) To prepare and transmit to the parties and to the States entitled to become parties to the treaty official copies of the original text of the treaty and of the other languages of the treaty as provided for in the treaty
(c) To receive signatures to treaties and to receive and keep custody of the instruments, notifications and official documents relating thereto
(d) To examine the propriety of the signature of the treaty and of any instrument, notification or official communication relating to the treaty and, if necessary, to bring the matter to the attention of the States concerned
(e) to communicate the acts, notifications and communications relating to the treaty to the States parties to the treaty and to the States entitled to become parties to the treaty
(f) To communicate to the States entitled to become parties to the treaty the number of signatures or instruments of ratification, acceptance, approval or accession required for the entry into force of the treaty, when such instruments have been received or deposited
(g) Register the treaty with the Secretariat of the United Nations.
(h) To perform such functions as are specified in other provisions of this Convention.
2. In the event of a dispute between a State and the depositary concerning the performance of the functions of that organ, the depositary shall bring the matter to the attention of the signatory States and of the Contracting States or, where appropriate, to the competent organ of the international organization concerned.
Article 78 Notifications and Official Documents
Except as otherwise provided in a treaty or in this Convention, notifications or official communications sent by any State under this Convention shall
(a) if there is no depositary, be sent directly to the State for which it is intended, or if there is a depositary, to that body
(b) shall be deemed to have been delivered by the State from which it is sent only upon receipt by the State to which it is addressed or, if there is a depositary, upon receipt by that authority
(c) in the case of delivery to a depositary, shall be deemed to have been received by the State to which the communication is addressed only when it has notified the State of its intention to do so, as communicated by the depositary in accordance with article 77, paragraph 1 (e).
Article 79 Correction of errors in the text of a treaty or in an official copy
1. If, after the authentication of the text of a treaty, the signatory States and the Contracting States legitimately recognize an error in the text, such error shall, unless each State decides otherwise, be corrected in the following manner.
(a) By an appropriate correction in the text of the treaty, initialled by a duly authorized representative.
(b) by making or exchanging an instrument or instruments setting forth the corrections to be made by agreement; or
(c) A corrected version of the treaty in its entirety, following the same procedure as the original text.
2. If the treaty has a depositary, that body shall notify the signatories and the parties of the error and of the proposal to correct it, and shall specify an appropriate time limit within which objections to the proposed correction may be made. If, at the expiration of the time limit.
(a) no objection has been raised, the depositary shall forthwith initialled such correction in the text of the treaty and shall make a record of the revision of the text, a copy of which shall be communicated to the parties and to the State entitled to become a party to the treaty.
(b) If an objection has been raised, the depositary shall transmit such objection to the signatory States and to the contracting States.
3. The rules of subparagraphs (1) and (2) shall also apply in the event of an inconsistency between two or more languages of the authentic text of the treaty, which should be corrected by agreement between the signatories and the contracting States.
Unless the signatories and the States Parties decide otherwise, the corrected text shall replace the incorrect text from the beginning.
Corrections to the text of a registered treaty shall be notified to the Secretariat of the United Nations.
In the event that an error is discovered in an official copy of a treaty, the depositary shall make a record of the corrections made and shall transmit a copy of the record to the signatory States and to the Contracting Parties.
Article 80 Registration and Publication of Treaties
1. After its entry into force, the treaty shall be submitted to the Secretariat of the United Nations for registration or recording and publication.
The designation of the depositary shall be deemed to authorize that body to perform the acts referred to in the preceding paragraph.
Part VIII Final provisions
Article 81 Signature
This Convention shall be signed by all Members of the United Nations or of any specialized agency or of the International Atomic Energy Agency, or by any State party 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 this Convention, as follows: until 30 November 1969 at the Federal Ministry of Foreign Affairs of the Republic of Austria, and thereafter until 30 April 1970 at the United Nations in New York.
Article 82 Ratification
This Convention is subject to ratification. Instruments of ratification shall be submitted to the Secretary-General of the United Nations for deposit.
Article 83 Accession
This Convention shall be open to accession by States belonging to one of the categories referred to in Article 81. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 84 Entry into force
This Convention shall enter into force on the thirtieth day after the date of deposit of the thirty-fifth instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the deposit of the thirty-fifth instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the deposit of the instrument of ratification or accession by such State.
Article 85 Authorized texts
The original of this 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.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized by their respective Governments to sign, have signed this Convention.
DONE at Vienna, this twenty-third day of May, in the year of our Lord one thousand nine hundred and sixty-nine.
Annexes
I. The Secretary-General of the United Nations shall establish and maintain a list of qualified jurists to serve as conciliators. For this purpose, two conciliators shall be appointed for each State Member of the United Nations or party to the present Convention, and the names of the persons so appointed shall constitute the said list. The term of office of the Conciliators, including the term of any Conciliator assigned to fill a vacancy for any reason, shall be five years and may be renewed. Upon the expiration of the term of any Settler, he or she shall continue to serve in the capacity for which he or she was elected under the following provisions.
2. Upon a request made to the Secretary-General pursuant to Article 66, the Secretary-General shall submit the dispute to a Conciliation Commission constituted in accordance with
The State or States which become a party to the dispute shall appoint
(a) a conciliator who is a national of its own State or of one of its States, selected from the list referred to in the first subparagraph or otherwise; and
(b) a conciliator who is not a national of that State or of any of them, to be chosen from a list.
Two conciliators shall also be appointed in the same manner by the State or States which are parties to the dispute. The four conciliators chosen by each Party shall be appointed within sixty days from the date of receipt of the request by the Secretary-General.
These four conciliators shall, within sixty days after the date of the appointment of the last of them, select a fifth conciliator from the above list to attend.
If the attendance or the appointment of any of the Settlers is not decided within the period specified above, the Secretary General shall do so within sixty days after the expiration of such period. The President may be designated by the Secretary-General from a list or from among the members of the International Law Commission. The period of any such designation may be extended by agreement between the parties to the dispute.
In the event of any vacancy, the vacancy shall be filled in the manner provided for the first appointment.
3. The Conciliation Commission shall determine its own procedures. The Commission may, with the consent of the parties to the dispute, invite any party to the treaty to submit oral or written observations to the Commission. The decisions and recommendations of the Commission shall be made by a majority vote of five of its members.
4. The Commission may bring to the attention of the parties to the dispute any measure likely to promote a friendly settlement.
5. The Commission shall hear the parties, examine their claims and objections, and prepare proposals to the parties with a view to reaching a friendly settlement of the dispute.
The Commission shall submit its report within twelve months after its establishment. The report shall be submitted to the Secretary-General for deposit and transmission to the parties to the dispute. The report of the Commission, including any findings therein on questions of fact or law, shall not be binding on the parties and shall be limited in nature to recommendations for the consideration of the parties with a view to facilitating an amicable settlement of the dispute.
7. The Secretary-General shall provide the Commission with such assistance and facilities as it may require. The expenses of the Commission shall be borne by the United Nations.
公 告
本组织于2019年7月3日,根据联合国反恐怖主义法律十九条的规定成立了。注册地美国。本组织会按照国际法履行自己的职责,为国际和平秩序和 人类社会的福祉做出贡献
根据2016年3月1日生效的《领事认证办法》规定,领事认证是指领事认证机构根据自然人、法人或其他组织的申请,对国内涉外公证书、其他证明文书或国外有关文书上最后一个印鉴、签名的真实性予以确认的活动。中国驻外使领馆可以为由驻在国有关机构出具,并经驻在国外交部或有权办理领事认证的机构认证的、拟送往中国使用的公证书或者其他证明文书等办理领事认证。
领事认证的目的是使一国出具的文书能在其他国家境内得以承认,不会因怀疑文书上的印鉴、签名的真实性而影响其域外法律效力。。
国际法委员会
维也纳条约法公约
(1969年5月23日订于维也纳)
[本公约于1980年1月27日生效]
本公约各当事国,
鉴于条约在国际关系历史上之基本地位,
承认条约为国际法渊源之一,且为各国间不分宪法及社会制度发展和平合作之工具,其重要性日益增加,
鉴悉自由同意与善意之原则以及条约必须遵守规则乃举世所承认,
确认凡关于条约之争端与其他国际争端同,皆应以和平方法且依正义及国际法之原则解决之,
念及联合国人民同兹决心创造适当环境俾克维持正义及尊重由条约而起之义务,
鉴及联合国宪章所载之国际法原则,诸如人民平等权利及自决,所有国家主权平等及独立,不干涉各国内政,禁止使用威胁或武力以及普遍尊重与遵守全体人类之人权及基本自由等原则。
深信本公约所达成之条约法之编纂及逐渐发展可促进宪章所揭示之联合国宗旨,即维持国际和平与安全,发展国际间之友好关系并达成其彼此合作,
确认凡未经本公约各条规定之问题,将仍以国际习惯法规则为准,
爰议定条款如下:
第一编 导言
第一条 本公约之范围
本公约适用于国家间之条约。
第二条 用语
一、就适用本公约而言:
(a)称“条约”者,谓国家间所缔结而以国际法为准之国际书面协定,不论其载于一项单独文书或两项以上相互有关之文书内,亦不论其特定名称如何;
(b)称“批准”,“接受”,“赞同”及“加入”者,各依本义指一国据以在国际上确定其同意受条约拘束之国际行为;
(c)称“全权证书”者,谓一国主管当局所颁发,指派一人或数人代表该国谈判,议定或认证条约约文,表示该国同意受条约拘束,或完成有关条约之任何其他行为之文件;
(d)称“保留”者,谓一国于签署,批准、接受、赞同或加入条约时所做之片面声明,不论措辞或名称如何,其目的在摒除或更改条约中若干规定对该国适用时之法律效果;
(e)称“谈判国”者,谓参与草拟及议定条约约文之国家;
(f)称“缔约国”者,谓不问条约已未生效,同意受条约拘束之国家;
(g)称“当事国”者,谓同意承受条约拘束及条约对其有效之国家;
(h)称“第三国”者,谓非条约当事国之国家;
(i)称“国际组织”者,谓政府间之组织。
二、第一项关于本公约内各项用语之规定不妨碍此等用语,在任何国家国内法上之使用或所具有之意义。
第三条 不属本公约范围之国际协定
本公约不适用于国家与其他国际法主体间所缔结之国际协定或此种其他国际法主体间之国际协定或非书面国际协定,此一事实并不影响:
(a)此类协定之法律效力;
(b)本公约所载任何规则之依照国际法而毋须基于本公约原应适用于此类协定者,对于此类协定之适用;
(c)本公约之适用于国家间 以亦有其他国际法主体为其当事者之国际协定为根据之彼此关系。
第四条 本公约不溯既往
以不妨碍本公约所载任何规则之依国际法而毋须基于本公约原应适用于条约者之适用为限,本公约仅对各国于本公约对各该国生效后所缔约之条约适用之。
第五条 组成国际组织之条约及在一国际组织内议定之条约
本公约适用于为一国际组织组织约章之任何条约及在一国际组织内议定之任何条约,但对该组织任何有关规则并无妨碍。
第二编 条约之缔结及生效
第一节 条约之缔结
第六条 国家缔结条约之能力
每一国家皆有缔结条约之能力。
第七条 全权证书
一、任一人员如有下列情况之一,视为代表一国议定或认证条约约文或表示该国承受条约拘束之同意:
(a)出具适当之全权证书;或
(b)由于有关国家之惯例或由于其他情况可见其此等国家之意思系认为该人员为此事代表该国而可免除全权证书。
二、下列人员由于所任职务毋须出具全权证书,视为代表其国家:
(a)国家元首,政府首长及外交部长,为实施关于缔结条约之一切行为;
(b)使馆馆长,为议定派遣国与驻在国间条约约文;
(c)国家派往国际会议或派驻国际组织或该国际组织一机关之代表,为议定在该会议,组织或机关内议定之条约约文。
第八条 未经授权所实施行为之事后确认
关于缔结条约之行为系依第七条不能视为经授权为此事代表一国之人员所实施者,非经该国事后确认,不发生法律效果。
第九条 约文之议定
一、除依第二项之规定外,议定条约约文应以所有参加草拟约文国家之同意为之。
二、国际会议议定条约之约文应以出席及参加表决国家三分之二多数之表决为之,但此等国家以同样多数决定适用另一规则者不在此限。
第十条 约文之认证
条约约文依下列方法确定为作准定本:
(a)依约文所载或经参加草拟约文国家协议之程序;或
(b)倘无此项程序,由此等国家代表在条约约文上,或在载有约文之会议最后文件上签署,作待核准之签署或草签。
第十一条 表示同意承受条约拘束之方式
一国承受条约拘束之同意得以签署、交换构成条约之文书,批准、接受、赞同或加入,或任何其他同意之方式表示之。
第十二条 以签署表示承受条约拘束之同意
一、遇有下列情形之一,一国承受条约拘束之同意,以该国代表之签署表示之:
(a)条约规定签署有此效果;
(b)另经确定谈判国协议签署有此效果;或
(c)该国使签署有此效果之意思可见诸其代表所奉全权证书或已于谈判时有些表示。
二、就适用第一项而言:
(a)倘经确定谈判国有此协议,约文之草签构成条约之签署;
(b)代表对条约作待核准之签署,倘经其本国确认,即构成条约之正式签署。
第十三条 以交换构成条约之文书表示承受条约拘束之同意
遇有下列情形之一,国家同意承受由彼此间交换之文书构成之条约拘束,以此种交换表示之:
(a)文书规定此种交换有此效果;或
(b)另经确定此等国家协议文书之交换有此效果。
第十四条 以批准接受或赞同表示承受条约拘束之同意
一、遇有下列情形之一,一国承受条约拘束之同意,以批准表示之:
(a)条约规定以批准方式表示同意;
(b)另经确定谈判国协议需要批准;
(c)该国代表已对条约作须经批准之签署;或
(d)该国对条约作须经批准之签署之意思可见诸其代表所奉之全权证书,或已于谈判时有此表示。
二、一国承受条约拘束之同意以接受或赞同方式表示者,其条件与适用于批准者同。
第十五条 以加入表示承受条约拘束之同意
遇有下列情形之一,一国承受条约拘束之同意以加入表示之:
(a)条约规定该国得以加入方式表示此种同意;
(b)另经确定谈判国协议该国得以加入方式表示此种同意;
(c)全体当事国嗣后协议该国得以加入方式表示此种同意。
第十六条 批准书、接受书、赞同书或加入书之交换或交存
除条约另有规定外,批准书、接受书、赞同书或加入书依下列方式确定一国承受条约拘束之同意:
(a)由缔约国互相交换;
(b)将文书交存保管机关;或
(c)如经协议,通知缔约国或保管机关。
第十七条 同意承受条约一部分之拘束及不同规定之选择
一、以不妨碍第十九条至第二十三条为限,一国同意承受条约一部分之拘束,仅于条约许可或其他缔约国同意时有效。
二、一国同意承受许可选择不同规定之条约之拘束,仅于指明其所同意之规定时有效。
第十八条 不得在条约生效前妨碍其目的及宗旨之义务
一国负有义务不得采取任何足以妨碍条约目的及宗旨之行动:
(a)如该国已签署条约或已交换构成条约之文书而须经批准。接受或赞同,但尚未明白表示不欲成为条约当事国之意思;或
(b)如该国业已表示同意承受条约之拘束,而条约尚未生效,且条约之生效不稽延过久。
第二节 保留
第十九条 提具保留
一国得于签署、批准、接受、赞同或加入条约时,提具保留,但有下列情形之一者不在此限:
(a)该项保留为条约所禁止者;
(b)条约仅准许特定之保留而有关之保留不在其内者;或
(c)凡不属(a)及(b)两款所称之情形,该项保留与条约目的及宗旨不合者。
第二十条 接受及反对保留
一、凡为条约明示准许之保留,无须其他缔约国事后予以接受,但条约规定须如此办理者,不在此限。
二、倘自谈判国之有限数目及条约之目的与宗旨,可见在全体当事国间适用全部条约为每一当事国同意承受条约拘束之必要条件时,保留须经全体当事国接受。
三、倘条约为国际组织之组织约章,除条约另有规定外,保留须经该组织主管机关接受。
四、凡不属以上各项所称之情形,除条约另有规定外:
(a)保留经另一缔约国接受,就该另一缔约国而言,保留国即成为条约之当事国,但须条约对各该国均已生效;
(b)保留经另一缔约国反对,则条约在反对国与保留国间并不因此而不生效力,但反对国确切表示相反之意思者不在此限;
(c)表示一国同意承受条约拘束而附以保留之行为,一俟至少有另一缔约国接受保留,即发生效力。
五、就适用第二项与第四项而言,除条约另有规定外,倘一国在接获关于保留之通知后十二个月期间届满时或至其表示同意承受条约拘束之日为止,两者中以较后之日期为准,迄未对保留提出反对,此项保留即视为业经该国接受。
第二十一条 保留及对保留提出之反对之法律效果
一、依照第十九条、第二十条及第二十三条对另一当事国成立之保留:
(a)对保留国而言,其与该另一当事国之关系上照保留之范围修改保留所关涉及条约规定;及
(b)对该另一当事国而言,其与保留国之关系上照同一范围修改此等规定。
二、此项保留在条约其他当事国相互间不修改条约之规定。
三、倘反对保留之国家未反对条约在其本国与保留国间生效,此项保留所关涉之规定在保留之范围内于该两国间不适用之。
第二十二条 撤回保留及撤回对保留提出之反对
一、除条约另有规定外,保留得随时撤回,无须经业已接受保留之国家同意。
二、除条约另有规定外,对保留提出之反对得随时撤回。
三、除条约另有规定或另经协议外:
(a)保留之撤回,在对另一缔约国关系上,自该国收到撤回保留之通知之时起方始发生效力;
(b)对保留提出之反对之撤回,自提出保留之国家收到撤回反对之通知时起方始发生效力。
第二十三条 关于保留之程序
一、保留、明示接受保留及反对保留,均必须以书面提具并致送缔约国及有权成为条约当事国之其他国家。
二、保留系在签署须经批准、接受或赞同之条约时提具者,必须由保留国在表示同意承受条约拘束时正式确认。遇此情形,此项保留应视为在其确认之日提出。
三、明示接受保留或反对保留系在确认保留前提出者,其本身无须经过确认。
四、撤回保留或撤回对保留提出之反对,必须以书面为之。
第三节 条约之生效及暂时适用
第二十四条 生效
一、条约生效之方式及日期,依条约之规定或依谈判国之协议。
二、倘无此种规定或协议,条约一俟确定所有谈判国同意承受条约之拘束,即行生效。
三、除条约另有规定外,一国承受条约拘束之同意如系于条约生效后之一日期确定,则条约自该日起对该国生效。
四、条约中为条约约文之认证,国家同意承受条约拘束之确定,条约生效之方式或日期、保留、保管机关之职务以及当然在条约生效前发生之其他事项所订立之规定,自条约约文议定时起适用之。
第二十五条 暂时适用
一、条约或条约之一部分于条约生效前在下列情形下暂时适用:
(a)条约本身如此规定;或
(b)谈判国以其他方式协议如此办理。
二、除条约另有规定或谈判国另有协议外,条约或条约一部分对一国暂时适用,于该国将其不欲成为条约当事国之意思通知已暂时适用条约之其他各国时终止。
第三编 条约之遵守、适用及解释
第一节 条约之遵守
第二十六条 条约必须遵守
凡有效之条约对其各当事国有拘束力,必须由各该国善意履行。
第二十七条 国内法与条约之遵守
一当事国不得援引其国内法规定为理由而不履行条约。此项规则不妨碍第四十六条。
第二节 条约之适用
第二十八条 条约不溯既往
除条约表示不同意思,或另经确定外,关于条约对一当事国生效之日以前所发生之任何行为或事实或已不存在之任何情势,条约之规定不对该当事国发生拘束力。
第二十九条 条约之领土范围
除条约表示不同意思,或另经确定外,条约对每一当事国之拘束力及于其全部领土。
第三十条 关于同一事项先后所订条约之适用
一、以不违反联合国宪章第一百零三条为限,就同一事项先后所订条约当事国之权利与义务应依下列各项确定之。
二、遇条约订明须不违反先订或后订条约或不得视为与先订或后订条约不合时,该先订或后订条约之规定应居优先。
三、遇先订条约全体当事国亦为后订条约当事国但不依第五十九条终止或停止施行先订条约时,先订条约仅于其规定与后订条约规定相合之范围内适用之。
四、遇后订条约之当事国不包括先订条约之全体当事国时:
(a)在同为两条约之当事国间,适用第三项之同一规则;
(b)在为两条约之当事国与仅为其中一条约之当事国间彼此之权利与义务依两国均为当事国之条约定之。
五、第四项不妨碍第四十一条或依第六十条终止或停止施行条约之任何问题,或一国因缔结或适用一条约而其规定与该国依另一条约对另一国之义务不合所生之任何责任问题。
第三节 条约之解释
第三十一条 解释之通则
一、条约应依其用语按其上下文并参照条约之目的及宗旨所具有之通常意义,善意解释之。
二、就解释条约而言,上下文除指连同弁言及附件在内之约文外,并应包括:
(a)全体当事国间因缔结条约所订与条约有关之任何协定;
(b)一个以上当事国因缔结条约所订并经其他当事国接受为条约有关文书之任何文书。
三、应与上下文一并考虑者尚有:
(a)当事国嗣后所订关于条约之解释或其规定之适用之任何协定;
(b)嗣后在条约适用方面确定各当事国对条约解释之协定之任何惯例;
(c)适用于当事国间关系之任何有关国际法规则。
四、倘经确定当事国有此原意,条约用语应使其具有特殊意义。
第三十二条 解释之补充资料
为证实由适用第三十一条所得之意义起见,或遇依第三十一条作解释而:
(a)意义仍属不明或难解;或
(b)所获结果显属荒谬或不合理时,为确定其意义起见,得使用解释之补充资料,包括条约之准备工作及缔约之情况在内。
第三十三条 以两种以上文字认证之条约之解释
一、条约约文经以两种以上文字认证作准者,除依条约之规定或当事国之协议遇意义分歧时应以某种约文为根据外,每种文字之约文应同一作准。
二、以认证作准文字以外之他种文字作成之条约译本,仅于条约有此规定或当事国有此协议时,始得视为作准约文。
三、条约用语推定在各作准约文内意义相同。
四、除依第一项应以某种约文为根据之情形外,倘比较作准约文后发现意义有差别而非适用第三十一条及第三十二条所能消除时,应采用顾及条约目的及宗旨之最能调和各约文之意义。
第四节 条约与第三国
第三十四条 关于第三国之通则
条约非经第三国同意,不为该国创设义务或权利。
第三十五条 为第三国规定义务之条约
如条约当事国有意以条约之一项规定作为确立一项义务之方法,且该项义务经一第三国以书面明示接受,则该第三国即因此项规定而负有义务。
第三十六条 为第三国规定权利之条约
一、如条约当事国有意以条约之一项规定对一第三国或其所属一组国家或所有国家给予一项权利,而该第三国对此表示同意,则该第三国即因此项规定而享有该项权利。该第三国倘无相反之表示,应推定其表示同意,但条约另有规定者不在此限。
二、依第一项行使权利之国家应遵守条约所规定或依照条约所确定之条件行使该项权利。
第三十七条 取消或变更第三国之义务或权利
一、依照第三十五条使第三国担负义务时,该项义务必须经条约各当事国与该第三国之同意,方得取消或变更,但经确定其另有协议者不在此限。
二、依照第三十六条使第三国享有权利时,倘经确定原意为非经该第三国同意不得取消或变更该项权利,当事国不得取消或变更之。
第三十八条 条约所载规则由于国际习惯而成为对第三国有拘束力
第三十四条至第三十七条之规定不妨碍条约所载规则成为对第三国有拘束力之公认国际法习惯规则。
第四编 条约之修正与修改
第三十九条 关于修正条约之通则
条约得以当事国之协议修正之,除条约可能另有规定者外,此种协议适用第二编所订之规则。
第四十条 多边条约之修正
一、除条约另有规定外,多边条约之修正依下列各项之规定。
二、在全体当事国间修正多边条约之任何提议必须通知全体缔约国,各该缔约国均应有权参加:
(a)关于对此种提议采取行动之决定;
(b)修正条约之任何协定之谈判及缔结。
三、凡有权成为条约当事国之国家亦应有权成为修正后条约之当事国。
四、修正条约之协定对已为条约当事国而未成为该协定当事国之国家无拘束力,对此种国家适用第三十条第四项(b)款。
五、凡于修正条约之协定生效后成为条约当事国之国家,倘无不同意思之表示:
(a)应视为修正后条约之当事国,并
(b)就其对不受修正条约协定拘束之条约当事国之关系言,应视为未修正条约之当事国。
第四十一条 仅在若干当事国间修改多边条约之协定
一、多边条约两个以上当事国得于下列情形下缔结协定仅在彼此间修改条约:
(a)条约内规定有作此种修改之可能者;或
(b)有关之修改非为条约所禁止,且:
(一)不影响其他当事国享有条约上之权利或履行其义务者;
(二)不关涉任何如予损抑即与有效实行整个条约之目的及宗旨不合之规定者。
二、除属第一项(a)款范围之情形条约另有规定者外,有关当事国应将其缔结协定之意思及协定对条约所规定之修改,通知其他当事国。
第五编 条约之失效、终止及停止施行
第一节 总则
第四十二条 条约之效力及继续有效
一、条约之效力或一国承受条约拘束之同意之效力仅经由本公约之适用始得加以非议。
二、终止条约、废止条约,或一当事国退出条约,仅因该条约或本公约规定之适用结果始得为之。同一规则适用于条约之停止施行。
第四十三条 无须基于条约之国际法所加义务
条约因本公约或该条约规定适用结果而失效、终止或废止,由当事国退出,或停止施行之情形,绝不损害任何国家依国际法而毋须基于条约所负履行该条约所载任何义务之责任。
第四十四条 条约之规定可否分离
一、除条约另有规定或当事国另有协议外,条约内所规定或因第五十六条所生之当事国废止、退出或停止施行条约之权利仅得对整个条约行使之。
二、本公约所承认之条约失效、终止、退出或停止施行条约之理由仅得对整个条约援引之,但下列各项或第六十条所规定之情形不在此限。
三、倘理由仅与特定条文有关,得于下列情形下仅对各该条文援引之:
(a)有关条文在适用上可与条约其余部分分离;
(b)由条约可见或另经确定各该条文之接受并非另一当事国或其他当事国同意承受整个条约拘束之必要根据;及
(c)条约其余部分之继续实施不致有失公平。
四、在第四十九条及第五十条所称情形下,有权援引诈欺或贿赂理由之国家得对整个条约或以不违反第三项为限专对特定条文援引之。
五、在第五十一条、第五十二条及第五十三条所称之情形下,条约之规定一概不许分离。
第四十五条 丧失援引条约失效、终止、退出或停止施行条约理由之权利
一国于知悉事实后而有下列情形之一者,即不得再援引第四十六条至第五十条或第六十条及第六十二条所规定条约失效、终止、退出或停止施行条约之理由:
(a)该国业经明白同意条约有效,或仍然生效或继续施行;或
(b)根据该国行为必须视为已默认条约之效力或条约之继续生效或施行。
第二节 条约之失效
第四十六条 国内法关于缔约权限之规定
一、一国不得援引其同意承受条约拘束之表示为违反该国国内法关于缔约权限之一项规定之事实以撤销其同意,但违反之情事显明且涉及其具有基本重要性之国内法之一项规则者,不在此限。
二、违反情事倘由对此事依通常惯例并秉善意处理之任何国家客观视之为显然可见者,即系显明违反。
第四十七条 关于表示一国同意权力之特定限制
如代表表示一国同意承受某一条约拘束之权力附有特定限制,除非在其表示同意前已将此项限制通知其他谈判国,该国不得援引该代表未遵守限制之事实以撤销其所表示之同意。
第四十八条 错误
一、一国得援引条约内之错误以撤销其承受条约拘束之同意,但此项错误以关涉该国于缔结条约时假定为存在且构成其同意承受条约拘束之必要根据之事实或情势者为限。
二、如错误系由关系国家本身行为所助成,或如当时情况足以使该国知悉有错误之可能,第一项不适用之。
三、仅与条约约文用字有关之错误,不影响条约之效力,在此情形下,第七十九条适用之。
第四十九条 诈欺
倘一国因另一谈判国之诈欺行为而缔结条约,该国得援引诈欺为理由撤销其承受条约拘束之同意。
第五十条 对一国代表之贿赂
倘一国同意承受条约拘束之表示系经另一谈判国直接或间接贿赂其代表而取得,该国得援引贿赂为理由撤销其承受条约拘束之同意。
第五十一条 对一国代表之强迫
一国同意承受条约拘束之表示系以行为或威胁对其代表所施之强迫而取得者,应无法律效果。
第五十二条 以威胁或使用武力对一国施行强迫
条约系违反联合国宪章所含国际法原则以威胁或使用武力而获缔结者无效。
第五十三条 与一般国际法强制规律(绝对法)抵触之条约
条约在缔结时与一般国际法强制规律抵触者无效。就适用本公约而言,一般国际法强制规律指国家之国际社会全体接受并公认为不许损抑且仅有以后具有同等性质之一般国际法规律始得更改之规律。
第三节 条约之终止及停止施行
第五十四条 依条约规定或经当事国同意而终止或退出条约
在下列情形下,得终止条约或一当事国退出条约:
(a)依照条约之规定;或
(b)无论何时经全体当事国于咨商其他各缔约国后表示同意。
第五十五条 多边条约当事国减少至条约生效所必需之数目以下
除条约另有规定外,多边条约并不仅因其他当事国数目减少至生效所必需之数目以下而终止。
第五十六条 废止或退出并无关于终止、废止或退出规定之条约
一、条约如无关于其终止之规定,亦无关于废止或退出之规定,不得废止或退出,除非:
(a)经确定当事国原意为容许有废止或退出之可能;或
(b)由条约之性质可认为含有废止或退出之权利。
二、当事国应将其依第一项废止或退出条约之意思至迟于十二个月以前通知之。
第五十七条 依条约规定或经当事国同意而停止施行条约
在下列情形下,条约得对全体当事国或某一当事国停止施行:
(a)依照条约之规定;或
(b)无论何时经全体当事国于咨商其他各缔约国后表示同意。
第五十八条 多边条约仅经若干当事国协议而停止施行
一、多边条约两个以上当事国得暂时并仅于彼此间缔结协定停止施行条约之规定,如
(a)条约内规定有此种停止之可能,或
(b)有关之停止非为条约所禁止,且:
(一)不影响其他当事国享有条约上之权利或履行其义务;
(二)非与条约之目的及宗旨不合。
二、除属第一项(a)款范围之情形条约另有规定者外,有关当事国应将其缔结协定之意思及条约内所欲停止施行之规定通知其他当事国。
第五十九条 条约因缔结后订条约而默示终止或停止施行
一、任何条约于其全体当事国就同一事项缔结后订条约,且有下列情形之一时,应视为业已终止:
(a)自后订条约可见或另经确定当事国之意思为此一事项应以该条约为准;或
(b)后订条约与前订条约之规定不合之程度使两者不可能同时适用。
二、倘自后订条约可见或另经确定当事国有此意思,前订条约应仅视为停止施行。
第六十条 条约因违约而终止或停止施行
一、双边条约当事国一方有重大违约情事时,他方有权援引违约为理由终止该条约,或全部或局部停止其施行。
二、多边条约当事国之一有重大违约情事时:
(a)其他当事国有权以一致协议:
(一)在各该国与违约国之关系上,或
(二)在全体当事国之间,
将条约全部或局部停止施行或终止该条约;
(b)特别受违约影响之当事国有权援引违约为理由在其本国与违约国之关系上将条约全部或局部停止施行;
(c)如由于条约性质关系,遇一当事国对其规定有重大违反情事,致每一当事国继续履行条约义务所处之地位因而根本改变,则违约国以外之任何当事国皆有权援引违约为理由将条约对其本国全部或局部停止施行。
三、就适用本条而言,重大违约系指:
(a)废弃条约,而此种废弃非本公约所准许者;或
(b)违反条约规定,而此项规定为达成条约目的或宗旨所必要者。
四、在上各项不妨碍条约内适用于违约情事之任何规定。
五、第一项至第三项不适用于各人道性质之条约内所载关于保护人身之各项规定,尤其关于禁止对受此种条约保护之人采取任何方式之报复之规定。
第六十一条 发生意外不可能履行
一、倘因实施条约所必不可少之标的物永久消失或毁坏以致不可能履行条约时,当事国得援引不可能履行为理由终止或退出条约。如不可能履行系属暂时性质,仅得援引为停止施行条约之理由。
二、倘条约不可能履行系一当事国违反条约义务或违反对条约任何其他当事国所负任何其他国际义务之结果,该当事国不得援引不可能履行为理由终止、退出或停止施行条约。
第六十二条 情况之基本改变
一、条约缔结时存在之情况发生基本改变而非当事国所预料者,不得援引为终止或退出条约之理由,除非:
(a)此等情况之存在构成当事国同意承受条约拘束之必要根据;及
(b)该项改变之影响将根本变动依条约尚待履行之义务之范围。
二、情况之基本改变不得援引为终止或退出条约之理由:
(a)倘该条约确定一边界;或
(b)倘情况之基本改变系援引此项理由之当事国违反条约义务或违反对条约任何其他当事国所负任何其他国际义务之结果。
三、倘根据以上各项,一当事国得援引情况之基本改变为终止或退出条约之理由,该国亦得援引该项改变为停止施行条约之理由。
第六十三条 断绝外交或领事关系
条约当事国间断绝外交或领事关系不影响彼此间由条约确定之法律关系,但外交或领事关系之存在为适用条约所必不可少者不在此限。
第六十四条 一般国际法新强制规律(绝对法)之产生
遇有新一般国际法强制规律产生时,任何现有条约之与该项规律抵触者即成为无效而终止。
第四节 程序
第六十五条 关于条约失效、终止、退出条约或停止施行条约应依循之程序
一、当事国依照本公约之规定援引其承受条约拘束之同意有误为理由,或援引非难条约效力、终止、退出或停止施行条约之理由者,必须将其主张通知其他当事国。此项通知应载明对条约所提议采取之措施及其理由。
二、在一非遇特别紧急情形不得短于自收到通知时起算三个月之期间届满后,倘无当事国表示反对,则发出通知之当事国得依第六十七条规定之方式,实施其所提议之措施。
三、但如有任何其他当事国表示反对,当事国应藉联合国宪章第三十三条所指示之方法以谋解决。
四、上列各项绝不影响当事国在对其有拘束力之任何关于解决争端之现行规定下所具有之权利或义务。
五、以不妨碍第四十五条为限一国未于事前发出第一项所规定之通知之事实并不阻止该国为答复另一当事国要求其履行条约或指称其违反条约而发出此种通知。
第六十六条 司法解决、公断及和解之程序
倘在提出反对之日后十二个月内未能依第六十五条第三项获致解决,应依循下列程序:
(a)关于第五十三条或第六十四条之适用或解释之争端之任一当事国得以请求书将争端提请国际法院裁决之,但各当事国同意将争端提交公断者不在此限;
(b)关于本公约第五编任一其他条文之适用或解释之争端之任一当事国得向联合国秘书长提出请求,发动本公约附件所定之程序。
第六十七条 宣告条约失效、终止、退出或停止施行条约之文书
一、第六十五条第一项规定之通知须以书面为之。
二、凡依据条约规定或第六十五条第二项或第三项规定宣告条约失效、终止、退出或停止施行条约之行为,应以文书致送其他当事国为之。倘文书未经国家元首、政府首长或外交部长签署,得要求致送文书国家之代表出具全权证书。
第六十八条 撤销第六十五条及第六十七条所规定之通知及文书
第六十五条或第六十七条所规定之通知或文书得在其发生效力以前随时撤销之。
第五节 条约失效、终止或停止施行之后果
第六十九条 条约失效之后果
一、条约依本公约确定失效者无效。条约无效者,其规定无法律效力。
二、但如已有信赖此种条约而实施之行为,则:
(a)每一当事国得要求任何其他当事国在彼此关系上尽可能恢复未实施此项行为前原应存在之状况;
(b)在援引条约失效之理由前以善意实施之行为并不仅因条约失效而成为不合法。
三、遇第四十九条、第五十条、第五十一条或第五十二条所称之情形,第二项之规定对应就欺诈、贿赂行为或强迫负责之当事国不适用之。
四、遇某一国家承受多边条约拘束之同意成为无效之情形,上列各项规则在该国与条约当事国之关系上适用之。
第七十条 条约终止之后果
一、除条约另有规定或当事国另有协议外,条约依其规定或依照本公约终止时:
(a)解除当事国继续履行条约之义务;
(b)不影响当事国在条约终止前经由实施条约而产生之任何权利、义务或法律情势。
二、倘一国废止或退出多边条约,自废止或退出生效之日起,在该国与条约每一其他当事国之关系上适用第一项之规定。
第七十一条 条约因与一般国际法强制规律相抵触而失效之后果
一、条约依第五十三条无效者,当事国应:
(a)尽量消除依据与任何一般国际法强制规律相抵触之规定所实施行为之后果;及
(b)使彼此关系符合一般国际法强制规律。
二、遇有条约依第六十四条成为无效而终止之情形,条约之终止:
(a)解除当事国继续履行条约之义务;
(b)不影响当事国在条约终止前经由实施条约而产生之任何权利、义务或法律情势,但嗣后此等权利、义务或情势之保持仅以与一般国际法新强制规律不相抵触者为限。
第七十二条 条约停止施行之后果
一、除条约另有规定或当事国另有协议外,条约依其本身规定或依照本公约停止施行时:
(a)解除停止施行条约之当事国于停止施行期间在彼此关系上履行条约之义务;
(b)除此以外,并不影响条约所确定当事国间之法律关系。
二、在停止施行期间,当事国应避免足以阻挠条约恢复施行之行为。
第六编 杂项规定
第七十三条 国家继承、国家责任及发生敌对行为问题
本公约之规定不妨碍国家继承或国家所负国际责任或国家间发生敌对行为所引起关于条约之任何问题。
第七十四条 外交及领事关系与条约之缔结
两个以上国家之间断绝外交或领事关系或无此种关系不妨碍此等国家间继续条约。条约之缔结本身不影响外交或领事关系方面之情势。
第七十五条 侵略国问题
本公约之规定不妨碍因依照联合国宪章对侵略国之侵略行为所采取措施而可能引起之该国任何条约义务。
第七编 保管机关、通知、更正及登记
第七十六条 条约之保管机关
一、条约之保管机关得由谈判国在条约中或以其他方式指定之。保管机关得为一个以上国家或一国际组织或此种组织之行政首长。
二、条约保管机关之职务系国际性质,保管机关有秉公执行其职务之义务。条约尚未在若干当事国间生效或一国与保管机关间对该机关职务之行使发生争议之事实,尤不应影响该项义务。
第七十七条 保管机关之职务
一、除条约内另有规定或缔约国另有协议外,保管机关之职务主要为:
(a)保管条约约文之正本及任何送交保管机关之全权证书;
(b)备就约文正本之正式副本及条约所规定之条约其他语文本,并将其分送当事国及有权成为条约当事国之国家;
(c)接收条约之签署及接收并保管有关条约之文书,通知及公文;
(d)审查条约之签署及有关条约之任何文书、通知或公文是否妥善,如有必要并将此事提请关系国家注意;
(e)将有关条约之行为,通知及公文转告条约当事国及有权成为条约当事国之国家;
(f)于条约生效所需数目之签署或批准书、接受书、赞同书或加入书已收到或交存时,转告有权成为条约当事国之国家;
(g)向联合国秘书处登记条约;
(h)担任本公约其他规定所订明之职务。
二、倘一国与保管机关间对该机关职务之执行发生争议时,保管机关应将此问题提请签署国及缔约国注意,或于适当情形下,提请关系国际组织之主管机关注意。
第七十八条 通知及公文
除条约或本公约另有规定外,任何国家依本公约所提送之通知或公文,应:
(a)如无保管机关,直接送至该件所欲知照之国家,或如有保管机关,则送至该机关;
(b)仅于受文国家收到时,或如有保管机关,经该机关收到时,方视为业经发文国家提送;
(c)倘系送至保管机关,仅于其所欲知照文国家经保管机关依照第七十七条第一项(e)款转告后,方视为业经该国收到。
第七十九条 条约约文或正式副本错误之更正
一、条约约文经认证后,倘签署国及缔约国佥认约文有错误时,除各该国决定其他更正方法外,此项错误应依下列方式更正之:
(a)在约文上作适当之更正,并由正式授权代表在更正处草签;
(b)制成或互换一项或数项文书,载明协议应作之更正;或
(c)按照原有约文所经之同样程序,制成条约全文之更正本。
二、条约如设有保管机关,该机关应将此项错误及更正此项错误之提议通知各签署国及缔约国,并应订明得对提议之更正提出反对之适当期限。如在期限届满时:
(a)尚无反对提出,则保管机关应即在约文上作此更正加以草签,并制成关于订正约文之纪事录,将该纪事录一份递送各当事国及有权成为条约当事国之国家;
(b)已有反对提出,则保管机关应将此项反对递送各签署国及缔约国。
三、遇认证约文有两种以上之语文,而其中有不一致之处,经签署国及缔约国协议应予更正时,第一项及第二项之规则亦适用之。
四、除签署国及缔约国另有决定外,更正约文应自始替代有误约文。
五、已登记条约约文之更正应通知联合国秘书处。
六、遇条约之正式副本上发现错误时,保管机关应制成一项纪事录载明所作之订正,并将该纪事录一份递送各签署国及缔约国。
第八十条 条约之登记及公布
一、条约应于生效后送请联合国秘书处登记或存案及纪录,并公布之。
二、保管机关之指定,即为授权该机关实施前项所称之行为。
第八编 最后规定
第八十一条 签署
本公约应听由联合国或任何专门机关或国际原子能总署之全体会员国或国际法院规约当事国、及经联合国大会邀请成为本公约当事国之任何其他国家签署,其办法如下:至一九六九年十一月三十日止,在奥地利共和国联邦外交部签署,其后至一九七○年四月三十日止,在纽约联合国会所签署。
第八十二条 批准
本公约须经批准。批准书应送请联合国秘书长存放。
第八十三条 加入
本公约应听由属于第八十一条所称各类之一之国家加入。加入书应送请联合国秘书长存放。
第八十四条 发生效力
一、本公约应于第三十五件批准书或加入书存放之日后第三十日起发生效力。
二、对于在第三十五件批准书或加入书存放后批准或加入本公约之国家,本公约应于各该国存放批准书或加入书后第三十日起发生效力。
第八十五条 作准文本
本公约之原本应送请联合国秘书长存放,其中文、英文、法文、俄文及西班牙文各本同一作准。
为此,下列全权代表各秉本国政府正式授予签字之权,谨签字于本公约,以昭信守。
公历一千九百六十九年五月二十三日订于维也纳。
附件
一、联合国秘书长应制成并保持一和解员名单,由合格法学家组成。为此目的,应请为联合国会员国或本公约当事国之每一国指派和解员二人,如此指派之人士之姓名即构成上述名单。和解员之任期,包括遇因故出缺被派补实之任何和解员之任期在内,应为五年,并得连任。任一和解员任期届满时,应继续执行其根据下项规定被选担任之职务。
二、遇根据第六十六条对秘书长提出请求时,秘书长应将争端提交一依下列方式组成之和解委员会:
成为争端当事一方之一国或数国应指派:
(a)为其本国或其中一国之国民之和解员一人,由第一项所称名单选出或另行选出;及
(b)非其本国或其中任何一国之国民之和解员一人,由名单中选出。
成为争端当事另一方之一国或数国亦应照此方式指派和解员二人。各当事国所选之和解员四人应于自秘书长接到请求之日后六十日内指派之。
此四名和解员,应自其中最后一人被指派之日后六十日内,自上述名单选出第五名和解员,担任出席。
倘出席或和解员中任一人之指派未于上称规定期间内决定,应由秘书长于此项期间届满后六十日内为之。主席得由秘书长自名单中或自国际法委员会委员中指派之。任一指派期限,得由争端之当事国以协议延展之。
遇任何人员出缺之情形,应依为第一次指派所定方式补实之。
三、和解委员会应自行决定其程序。委员会得经争端各当事国之同意邀请条约任何当事国向委员会提出口头或书面意见。委员会之决定及建议以委员五人之过半数表决为之。
四、委员会得提请争端各当事国注意可能促进友好解决之任何措施。
五、委员会应听取各当事国之陈述,审查其要求与反对意见,并向各当事国拟具提议以求达成争端之友好解决。
六、委员会应于成立后十二个月内提出报告书。报告书应送请秘书长存放并转送争端各当事国。委员会之报告书包括其中关于事实或法律问题所作之任何结论对各当事国均无拘束力,且其性质应限于为求促成争端之友好解决而提供各当事国考虑之建议。
七、秘书长应供给委员会所需之协助与便利。委员会之费用应由联合国担负。