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Recognizing the ever-increasing importance of
treaties as a source of international law and as a means of developing peaceful
co-operation among nations, whatever their constitutional
and social systems,
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Affirming that disputes concerning treaties, like
other international disputes, should be settled by peaceful
means and in conformity with the principles of justice
and international law,
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Having in mind the principles of international
law embodied in the Charter of the United Nations, such as the principles of
the equal rights and self-determination of peoples, of the sovereign equality
and independence of all States, of non-interference in the domestic affairs
of States, of the prohibition of the threat or use of force and of universal
respect for, and observance of, human rights and fundamental freedoms for all,
...
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Believing that the codification and progressive
development of the law of treaties achieved in the present Convention will promote
the purposes of the United Nations set forth in the Charter, namely, the maintenance
of international peace and security, the development of friendly relations and
the achievement of co-operation among nations,
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Affirming that the rules of customary international law will continue to
govern questions not regulated by the provisions of the present Convention,
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ARTICLE-2: Use of terms [go to this ARTICLE]
... (a) “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 and whatever its particular
designation; ...
... 2. The provisions of paragraph 1 regarding the use of terms
in the present Convention are without prejudice to the
use of those terms or to the meanings which may be given
to them in the internal law of any State.
...
ARTICLE-3: International agreements not within the scope
of the present Convention [go to this ARTICLE]
... The fact that the present Convention does not apply to international
agreements concluded between States and other subjects
of international law or between such other subjects of
international law, or to international agreements not
in written form, shall not affect: ...
... The fact that the present Convention does not apply to international
agreements concluded between States and other subjects
of international law or between such other subjects of
international law, or to international agreements not
in written form, shall not affect: ...
... (b) the application to them of any of the rules set forth
in the present Convention to which they would be subject
under international law independently of the Convention; ...
... (c) the application of the Convention to the relations of
States as between themselves under international agreements
to which other subjects of international law are also
parties. ...
ARTICLE-4: Non-retroactivity of the present Convention [go to this ARTICLE]
... Without prejudice to the application of any rules
set forth in the present Convention to which treaties
would be subject under international law independently
of the Convention, the Convention applies only to treaties which
are concluded by States after the entry into force of the present Convention
with regard to such States. ...
ARTICLE-27: Internal law and observance of treaties [go to this ARTICLE]
... A party may not invoke the provisions of its internal
law as justification for its failure to perform a treaty.
This rule is without prejudice to article 46. ...
ARTICLE-31: General rule of interpretation [go to this ARTICLE]
... (c) any relevant rules of international law applicable in
the relations between the parties. ...
ARTICLE-38: Rules in a treaty becoming binding on third States
through international custom [go to this ARTICLE]
... Nothing in articles 34 to 37 precludes a rule
set forth in a treaty from becoming binding upon a third
State as a customary rule of international law, recognized
as such. ...
ARTICLE-43: Obligations imposed by international law independently of a treaty [go to this ARTICLE]
... The invalidity, termination or denunciation of
a treaty, the withdrawal of a party from it, or the suspension
of its operation, as a result of the application of the
present Convention or of the provisions of the treaty, shall
not in any way impair the duty of any State to fulfil any obligation embodied
in the treaty to which it would be subject under international law independently
of the treaty. ...
ARTICLE-46: Provisions of internal law regarding competence to conclude treaties [go to this ARTICLE]
... 1. A State may not invoke the fact that its consent
to be bound by a treaty has been expressed in violation
of a provision of its internal law regarding competence
to conclude treaties as invalidating its consent unless
that violation was manifest and concerned a rule of its internal law of
fundamental importance.
...
... 1. A State may not invoke the fact that its consent
to be bound by a treaty has been expressed in violation
of a provision of its internal law regarding competence
to conclude treaties as invalidating its consent unless
that violation was manifest and concerned a rule of its internal law of
fundamental importance.
...
ARTICLE-52: Coercion of a State by the threat or use of force [go to this ARTICLE]
... A treaty is void if its conclusion has been procured
by the threat or use of force in violation of the principles
of international law embodied in the Charter of the United
Nations. ...
ARTICLE-53: Treaties conflicting with a peremptory norm of
general international law (jus cogens) [go to this ARTICLE]
... A treaty is void if, at the time of its conclusion,
it conflicts with a peremptory norm of general international
law. For the purposes of the present Convention, a peremptory
norm of general international law is a norm accepted
and recognized by the international community of States as a whole
as a norm from which no derogation is permitted and which can be modified
only by a subsequent norm of general international law having the same
character. ...
... A treaty is void if, at the time of its conclusion,
it conflicts with a peremptory norm of general international
law. For the purposes of the present Convention, a peremptory
norm of general international law is a norm accepted
and recognized by the international community of States as a whole
as a norm from which no derogation is permitted and which can be modified
only by a subsequent norm of general international law having the same
character. ...
... A treaty is void if, at the time of its conclusion,
it conflicts with a peremptory norm of general international
law. For the purposes of the present Convention, a peremptory
norm of general international law is a norm accepted
and recognized by the international community of States as a whole
as a norm from which no derogation is permitted and which can be modified
only by a subsequent norm of general international law having the same
character. ...
ARTICLE-64: Emergence of a new peremptory norm of general
international law (jus cogens) [go to this ARTICLE]
... If a new peremptory norm of general international
law emerges, any existing treaty which is in conflict
with that norm becomes void and terminates. ...
ARTICLE-71: Consequences of the invalidity of a treaty which
conflict
with a peremptory norm of general international law [go to this ARTICLE]
... Consequences of the invalidity of a treaty which
conflict
with a peremptory norm of general international law ...
... (a) eliminate as far as possible the consequences of any
act performed in reliance on any provision which conflicts
with the peremptory norm of general international law;
and ...
... (b) bring their mutual relations into conformity with the
peremptory norm of general international law. ...
... (b) does not affect any right, obligation or legal situation
of the parties created through the execution of the
treaty prior to its termination; provided that those
rights, obligations or situations may thereafter be
maintained only to the extent that their maintenance
is not in itself in conflict with the new peremptory norm of
general international law. ...