Under which

Article 11 Means 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, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.

Article 12 Consent to be bound by a treaty expressed by signature. The consent of a State to be bound by a treaty is expressed by the signature of its representative when: a the treaty provides that signature shall have that effect; b it is otherwise established that the negotiating States were agreed that signature should have that effect; or c the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation.

For the purposes of paragraph 1: a the initialling of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed; b the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a full signature of the treaty.

Article 13 Consent to be bound by a treaty expressed by an exchange of instruments constituting a treaty. The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when: a the instruments provide that their exchange shall have that effect; or b it is otherwise established that those States were agreed that the exchange of instruments should have that effect.

Article 14 Consent to be bound by a treaty expressed by ratification, acceptance or approval. The consent of a State to be bound by a treaty is expressed by ratification when:. The consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply 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 is expressed by accession when:. Article Exchange or deposit of instruments of ratification, acceptance, approval or accession. Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon:.

Article 17 Consent to be bound by part of a treaty and choice of differing provisions. Without prejudice to articles 19 to 23, the consent of a State to be bound by part of a treaty is effective only if the treaty so permits or the other contracting States so agree. The consent of a State to be bound by a treaty which permits a choice between differing provisions is effective only if it is made clear to which of the provisions the consent relates. Article 18 Obligation not to defeat the object and purpose of a treaty prior to its entry into force.

A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when:. Article 19 Formulation of reservations.

A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless:. Article 20 Acceptance of and objection to reservations. A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States unless the treaty so provides. 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.

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.

In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:. 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. A reservation established with regard to another party in accordance with articles 19, 20 and The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se. 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. 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.

Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time. Unless the treaty otherwise provides, or it is otherwise agreed:. Article 23 Procedure regarding reservations. 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.

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. An express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation.

The withdrawal of a reservation or of an objection to a reservation must be formulated in writing. A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree.

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. 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.

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. A treaty or a part of a treaty is applied provisionally pending its entry into force if:.

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. Article 26 Pacta sunt servanda.

Every treaty in force is binding upon the parties to it and must be performed by them in good faith. 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 Article 28 Non-retroactivity of treaties. Unless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the treaty with respect to that party.

Article 29 Territorial scope of treaties. Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory. Article 30 Application of successive treaties relating to the same subject-matter.

Subject to Article of the Charter of the United Nations, the rights and obligations of States parties to successive treaties relating to the same subject-matter shall be determined in accordance with the following paragraphs. When a treaty specifies that it is subject to, or that it is not to be considered as incompatible with, an earlier or later treaty, the provisions of that other treaty prevail.

When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with those of the latter treaty.

When the parties to the later treaty do not include all the parties to the earlier one:. Paragraph 4 is without prejudice to article 41, or to any question of the termination or suspension of the operation of a treaty under article 60 or to any question of responsibility which may arise for a State from the conclusion or application of a treaty, the provisions of which are incompatible with its obligations towards another State under another treaty.

Article 31 General rule of interpretation. 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.

The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:. There shall be taken into account, together with the context:. A special meaning shall be given to a term if it is established that the parties so intended. Article 32 Supplementary means of interpretation. Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article Article 33 Interpretation of treaties authenticated in two or more languages.

When a treaty has been authenticated in two or more languages, the text is equally authoritative in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular text shall prevail. A version of the treaty in a language other than one of those in which the text was authenticated shall be considered an authentic text only if the treaty so provides or the parties so agree.

The terms of the treaty are presumed to have the same meaning in each authentic text. Except where a particular text prevails in accordance with paragraph 1, when a comparison of the authentic texts discloses a difference of meaning which the application of articles 31 and 32 does not remove, the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted.

Article 34 General rule regarding third States. A treaty does not create either obligations or rights for a third State without its consent. Article 35 Treaties providing for obligations for third States. An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing. Article 36 Treaties providing for rights for third States.

A right arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to accord that right either to the third State, or to a group of States to which it belongs, or to all States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not indicated, unless the treaty otherwise provides. A State exercising a right in accordance with paragraph 1 shall comply with the conditions for its exercise provided for in the treaty or established in conformity with the treaty.

Article 37 Revocation or modification of obligations or rights of third States. When an obligation has arisen for a third State in conformity with article 35, the obligation may be revoked or modified only with the consent of the parties to the treaty and of the third State, unless it is established that they had otherwise agreed.

When a right has arisen for a third State in conformity with article 36, the right may not be revoked or modified by the parties if it is established that the right was intended not to be revocable or subject to modification without the consent of the third State. Article 38 Rules in a treaty becoming binding on third States through international custom. 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 39 General rule regarding the amendment of treaties. A treaty may be amended by agreement between the parties. The rules laid down in Part II apply to such an agreement except in so far as the treaty may otherwise provide. Article 40 Amendment of multilateral treaties.

Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed by the following paragraphs. Any proposal to amend a multilateral treaty as between all the parties must be notified to all the contracting States, each one of which shall have the right to take part in:.

Every State entitled to become a party to the treaty shall also be entitled to become a party to the treaty as amended. The amending agreement does not bind any State already a party to the treaty which does not become a party to the amending agreement; article 30, paragraph 4 b , applies in relation to such State. Any State which becomes a party to the treaty after the entry into force of the amending agreement shall, failing an expression of a different intention by that State:.

Article 41 Agreements to modify multilateral treaties between certain of the parties only. Two or more of the parties to a multilateral treaty may conclude an agreement to modify the treaty as between themselves alone if:. Unless in a case falling under paragraph 1 a the treaty otherwise provides, the parties in question shall notify the other parties of their intention to conclude the agreement and of the modification to the treaty for which it provides.

Article 42 Validity and continuance in force of treaties. The validity of a treaty or of the consent of a State to be bound by a treaty may be impeached only through the application of the present Convention. The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of the application of the provisions of the treaty or of the present Convention. The same rule applies to suspension of the operation of a treaty.

Article 43 Obligations imposed by international law independently of a treaty. 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 44 Separability of treaty provisions. A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless the treaty otherwise provides or the parties otherwise agree.

A ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty recognized in the present Convention may be invoked only with respect to the whole treaty except as provided in the following paragraphs or in article If the ground relates solely to particular clauses, it may be invoked only with respect to those clauses where:.

In cases falling under articles 49 and 50 the State entitled to invoke the fraud or corruption may do so with respect either to the whole treaty or, subject to paragraph 3, to the particular clauses alone. In cases falling under articles 51, 52 and 53, no separation of the provisions of the treaty is permitted. Article 45 Loss of a 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:.

Article 46 Provisions of internal law regarding competence to conclude treaties. 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.

A violation is manifest if it would be objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith. Article 47 Specific restrictions on authority to express the consent of a State. If the authority of a representative to express the consent of a State to be bound by a particular treaty has been made subject to a specific restriction, his omission to observe that restriction may not be invoked as invalidating the consent expressed by him unless the restriction was notified to the other negotiating States prior to his expressing such consent.

A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if the error relates to a fact or situation which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty. Paragraph 1 shall not apply if the State in question contributed by its own conduct to the error or if the circumstances were such as to put that State on notice of a possible error.

An error relating only to the wording of the text of a treaty does not affect its validity; article 79 then applies. If a State has been induced to conclude a treaty by the fraudulent conduct of another negotiating State, the State may invoke the fraud as invalidating its consent to be bound by the treaty. Article 50 Corruption of a representative of a State. If the expression of a State's consent to be bound by a treaty has been procured through the corruption of its representative directly or indirectly by another negotiating State, the State may invoke such corruption as invalidating its consent to be bound by the treaty.

Article 51 Coercion of a representative of a State. The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect. Article 52 Coercion of a State by the threat or use of force. 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. 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 54 Termination of or withdrawal from a treaty under its provisions or by consent of the parties. The termination of a treaty or the withdrawal of a party may take place:. Article 55 Reduction of the parties to a multilateral treaty below the number necessary for its entry into force.

Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the fact that the number of the parties falls below the number necessary for its entry into force. Article 56 Denunciation of or withdrawal from a treaty containing no provision regarding termination, denunciation or withdrawal. A treaty which contains no provision regarding its termination and which does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal unless:.

A party shall give not less than twelve months' notice of its intention to denounce or withdraw from a treaty under paragraph 1. Asked 4 years, 9 months ago. Active 4 years, 9 months ago.

Viewed 16k times. Improve this question. Tushar Raj Sasan Sasan 2, 8 8 gold badges 34 34 silver badges 62 62 bronze badges. They're both correct. Why do you think one should be 'more correct' than the other?

TusharRaj I don't know. Perhaps an ngram can be of help? A sentence with a combined usage of both in and under might help: The interesting thing about the Regan experiment, however, is that the relationship between liking and compliance was completely wiped out in the condition under which subjects had been given a Coke by Joe. Cialdini — Iceberg.

Add a comment. Active Oldest Votes. Improve this answer. Vanessa Garrett Vanessa Garrett 41 2 2 bronze badges. Hello Vanessa.