Treaties Presentation

CONC L U S I O N O F
T RE A T I ES
H N AV V N AIR 1 9B L A1 0 63
VYS
8
EVIN SAVIOUR 19BLB100
RASBIN. R 19BLA1112
VIENNA CONVENTION PROVISIONS
1. ARTICLE 6 – EVERY STATE POSSESSES CAPACITY TO CONCLUDE TREATIES
2. ARTICLE 7 – FULL POWERS
• PRODUCE FULL AND APPROPRIATE POWERS

• IMPLICATION FROM PRACTICE OF STATES
3. ARTICLE 8 – SUBSEQUENT CONFIRMATION OF AN ACT PERFORMED WITHOUT AUTHORIZATION.
4. ARTICLE 9 – ADOPTION OF TEXT
• DRAWING UP
• INTERNATIONAL CONFERENCE
5. ARTICLE 10 – AUTHENTICATION OF TEXT
• BY PROCEDURE AS PROVIDED IN TEXT OR AGREEMENT BY STATES

• IN CASE OF FAILURE
MEANS OF EXPRESSING CONSENT
1. ARTICLE 11.
2. ARTICLE 12 – EXPRESSION BY SIGNATURE
• IF TREATY PROVIDES FOR THE SAME

• AGREEMENT BETWEEN STATES
• EXPRESSED DURING NEGOTIATIONS
3. ARTICLE 13 – EXCHANGE OF INSTRUMENT CONSTITUTING A TREATY
• INSTRUMENT PROVIDES
• AGREEMENT BETWEEN STATES
4. ARTICLE 14 - EXPRESSION BY RATIFICATION, ACCEPTANCE AND APPROVAL
• IF TREATY PROVIDES.
• IF NEGOTIATING STATES AGREED RATIFICATION IS NEEDED.
• REPRESENTATIVE HAS SIGNED SUBJECT TO RATIFICATION.
• EXPRESSED DURING NEGOTIATION.
5. ARTICLE 15 – EXPRESSION BY ACCESSION
• WHEN TREATY PROVIDES.

• ESTABLISHED AGREEMENT BY THE NEGOTIATING STATES.
• PARTIES SUBSEQUENTLY AGREED.
6. ARTICLE 16 – EXCHANGE OF INSTRUMENT OF RATIFICATION/APPROVAL
UNLESS TREATY PROVIDES FOR SO, THE INSTRUMENTS OF RATIFICATION ESTABLISH CONSENT WHEN :
• EXCHANGE BETWEEN CONTRACTING STATES

• THEIR DEPOSIT
• THEIR NOTIFICATION
7. ARTICLE 17 – CONSENT TO BE BOUND BY PART OF TREATY AND CHOICE OF DIFFERING PROVISIONS
• ONLY IF TREATY PERMITS OR OTHER CONTRACTING STATES AGREE

• ONLY WHEN ITS MADE CLEAR TO WHICH PROVISIONS THE CONSENT RELATES TO
8. OBLIGATION NOT TO DEFEAT OBJECT AND PURPOSE OF TREATY PRIOR TO ENTRY TO FORCE
UNDER TWO CONDITIONS
• IT HAS SIGNED THE TREATY/EXCHANGED INSTRUMENT OR EXPRESSED ITS INTENTION TO BE PARTY TO TREATY
• IT HAS EXPRESSED ITS CONSENT TO BE BOUND BY THE TREATY.
ARTICLE 19 FORMULATION OF RESERVATIONS
• A STATE MAY, WHEN SIGNING, RATIFYING, ACCEPTING, APPROVING OR ACCEDING TO A TREATY,

FORMULATE A RESERVATION UNLESS:
• (A) THE RESERVATION IS PROHIBITED BY THE TREATY;

• (B) THE TREATY PROVIDES THAT ONLY SPECIFIED RESERVATIONS, WHICH DO NOT INCLUDE THE
RESERVATION IN QUESTION, MAY BE MADE; OR
• (C) IN CASES NOT FAILING 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. WHEN IT APPEARS FROM THE LIMITED NUMBER OF THE NEGOTIATING STATES AND THE OBJECT AND PURPOSE OF A TREATY THAT THE APPLICATION OF THE TREATY IN
ITS ENTIRETY BETWEEN ALL THE PARTIES IS AN ESSENTIAL CONDITION OF THE CONSENT OF EACH ONE TO BE BOUND BY THE TREATY, A RESERVATION REQUIRES
ACCEPTANCE BY ALL THE PARTIES.
• 3. WHEN A TREATY IS A CONSTITUENT INSTRUMENT OF AN INTERNATIONAL ORGANIZATION AND UNLESS IT OTHERWISE PROVIDES, A RESERVATION REQUIRES THE
ACCEPTANCE OF THE COMPETENT ORGAN OF THAT ORGANIZATION.
• 4. IN CASES NOT FALLING UNDER THE PRECEDING PARAGRAPHS AND UNLESS THE TREATY OTHERWISE PROVIDES:
• (A) ACCEPTANCE BY ANOTHER CONTRACTING STATE OF A RESERVATION CONSTITUTES THE RESERVING STATE A PARTY TO THE TREATY IN RELATION TO THAT OTHER
STATE IF OR WHEN THE TREATY IS IN FORCE FOR THOSE STATES;
• (B) AN OBJECTION BY ANOTHER CONTRACTING STATE TO A RESERVATION DOES NOT PRECLUDE THE ENTRY INTO FORCE OF THE TREATY AS BETWEEN THE OBJECTING
AND RESERVING STATES UNLESS A CONTRARY INTENTION IS DEFINITELY EXPRESSED BY THE OBJECTING STATE;
• (C) AN ACT EXPRESSING A STATE’S CONSENT TO BE BOUND BY THE TREATY AND CONTAINING A RESERVATION IS EFFECTIVE AS SOON AS AT LEAST ONE OTHER
CONTRACTING STATE HAS ACCEPTED THE RESERVATION.
• 5. FOR THE PURPOSES OF PARAGRAPHS 2 AND 4 AND UNLESS THE TREATY OTHERWISE PROVIDES, A RESERVATION IS CONSIDERED TO HAVE BEEN ACCEPTED BY A
STATE IF IT SHALL HAVE RAISED NO OBJECTION 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 OF
OBJECTIONS TO RESERVATIONS
• 1. A RESERVATION ESTABLISHED WITH REGARD TO ANOTHER PARTY IN ACCORDANCE WITH ARTICLES 19, 20 AND 23:
• (A) MODIFIES FOR THE RESERVING STATE IN ITS RELATIONS WITH THAT OTHER PARTY THE PROVISIONS OF THE TREATY TO
WHICH THE RESERVATION RELATES TO THE EXTENT OF THE RESERVATION; AND
• (B) MODIFIES THOSE PROVISIONS TO THE SAME EXTENT FOR THAT OTHER PARTY IN ITS RELATIONS WITH THE RESERVING
STATE.
• 2. THE RESERVATION DOES NOT MODIFY THE PROVISIONS OF THE TREATY FOR THE OTHER PARTIES TO THE TREATY INTER SE.
• 3. WHEN A STATE OBJECTING TO A RESERVATION HAS NOT OPPOSED THE ENTRY INTO FORCE OF THE TREATY BETWEEN ITSELF
AND THE RESERVING STATE, THE PROVISIONS TO WHICH THE RESERVATION RELATES DO NOT APPLY AS BETWEEN THE TWO
STATES TO THE EXTENT OF THE RESERVATION.
ARTICLE 22 WITHDRAWAL OF RESERVATIONS AND OF
OBJECTIONS TO RESERVATIONS
• 1. UNLESS THE TREATY OTHERWISE PROVIDES, A RESERVATION MAY BE WITHDRAWN AT ANY TIME AND THE CONSENT
OF A STATE WHICH HAS ACCEPTED THE RESERVATION IS NOT REQUIRED FOR ITS WITHDRAWAL.
• 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 RELATION TO ANOTHER CONTRACTING STATE
ONLY WHEN NOTICE OF IT 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. IF FORMULATED WHEN SIGNING THE TREATY SUBJECT TO RATIFICATION, ACCEPTANCE OR APPROVAL, A RESERVATION
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 CONSIDERED AS HAVING BEEN MADE ON THE DATE OF ITS CONFIRMATION.
• 3. AN EXPRESS ACCEPTANCE OF, OR AN OBJECTION TO, A RESERVATION MADE PREVIOUSLY TO CONFIRMATION OF THE
RESERVATION DOES NOT ITSELF REQUIRE CONFIRMATION.
• 4. THE WITHDRAWAL OF A RESERVATION OR OF AN OBJECTION TO A RESERVATION MUST BE FORMULATED IN WRITING.

SECTION 3. ENTRY INTO FORCE AND PROVISIONAL,
APPLICATION OF TREATIES
ARTICLE 24
ENTRY INTO FORCE
1. A TREATY ENTERS INTO FORCE IN SUCH MANNER AND UPON SUCH DATE AS IT MAY PROVIDE OR AS THE
NEGOTIATING STATES MAY AGREE.
2. FAILING ANY SUCH PROVISION OR AGREEMENT, A TREATY ENTERS INTO FORCE AS SOON AS CONSENT TO BE
BOUND BY THE TREATY HAS BEEN ESTABLISHED FOR ALL THE NEGOTIATING STATES.
3. WHEN THE CONSENT OF A STATE TO BE BOUND BY A TREATY IS ESTABLISHED ON A DATE AFTER THE TREATY HAS
COME INTO FORCE, THE TREATY ENTERS INTO FORCE FOR THAT STATE ON THAT DATE, UNLESS THE TREATY OTHERWISE
PROVIDES.
4. THE PROVISIONS OF A TREATY REGULATING THE AUTHENTICATION OF ITS TEXT, THE ESTABLISHMENT OF THE
CONSENT OF STATES TO BE BOUND BY THE TREATY, THE MANNER OR DATE OF ITS ENTRY INTO FORCE, RESERVATIONS, THE
FUNCTIONS OF THE DEPOSITARY AND OTHER MATTERS ARISING NECESSARILY BEFORE THE ENTRY INTO FORCE OF THE TREATY
APPLY FROM THE TIME OF THE ADOPTION OF ITS TEXT.
ARTICLE 25
PROVISIONAL APPLICATION
1. A TREATY OR A PART OF A TREATY IS APPLIED PROVISIONALLY PENDING IT SENTRY INTO FORCE IF: (A) THE
TREATY ITSELF SO PROVIDES; OR (B) THE NEGOTIATING STATES HAVE IN SOME OTHER MANNER SO AGREED.
2. UNLESS THE TREATY OTHERWISE PROVIDES OR THE NEGOTIATING STATES HAVE OTHERWISE AGREED,
THE PROVISIONAL APPLICATION OF A TREATY OR A PART OF A TREATY WITH RESPECT TO A STATE SHALL BE
TERMINATED IF THAT STATE NOTIFIES THE OTHER STATES BETWEEN WHICH THE TREATY IS BEING APPLIED
PROVISIONALLY OF ITS INTENTION NOT TO BECOME A PARTY TO THE TREATY.

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CONC L U S I O N O F

• PRODUCE FULL AND APPROPRIATE POWERS

• BY PROCEDURE AS PROVIDED IN TEXT OR AGREEMENT BY STATES

2. ARTICLE 12 – EXPRESSION BY SIGNATURE

• IF TREATY PROVIDES FOR THE SAME

3. ARTICLE 13 – EXCHANGE OF INSTRUMENT CONSTITUTING A TREATY

5. ARTICLE 15 – EXPRESSION BY ACCESSION

• WHEN TREATY PROVIDES.

• EXCHANGE BETWEEN CONTRACTING STATES

7. ARTICLE 17 – CONSENT TO BE BOUND BY PART OF TREATY AND CHOICE OF DIFFERING PROVISIONS

• ONLY IF TREATY PERMITS OR OTHER CONTRACTING STATES AGREE

• A STATE MAY, WHEN SIGNING, RATIFYING, ACCEPTING, APPROVING OR ACCEDING TO A TREATY,

• (A) THE RESERVATION IS PROHIBITED BY THE TREATY;

• 1. A RESERVATION, AN EXPRESS ACCEPTANCE OF A RESERVATION AND AN OBJECTION TO A RESERVATION MUST BE

• 4. THE WITHDRAWAL OF A RESERVATION OR OF AN OBJECTION TO A RESERVATION MUST BE FORMULATED IN WRITING.

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