DECREE NO. 7,030, OF December 14, 2009.

Promulga the Vienna Convention on the Law of Treaties, concluded on May 23, 1969, with reservation to Articles 25 and 66.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and

Considering that the National Congress has approved, by means of the Legislative Decree no 496 of July 17, 2009, the Vienna Convention on the Law of Treaties, concluded on May 23, 1969, with reservation to Articles 25 and 66;

Whereas the Brazilian Government deposited the instrument of ratification of the said Convention together with the Secretary-General of the United Nations on September 25, 2009;

DECRETA:

Art. 1st The Vienna Convention on the Law of Treaties, concluded on May 23, 1969, with reservation to the Articles 25 and 66, apprising by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the said Convention or that carries charges or written commitments to the national heritage, pursuant to the art. 49, inciso I, of the Constitution.

Art. 3rd This Decree comes into effect on the date of its publication.

Brasilia, December 14, 2009; 188th of Independence and 121st of the Republic.

LUIZ INACIO LULA DA SILVA

Antonio de Aguiar Patriota

VIENNA CONVENTION ON THE RIGHT OF TREATIES

The States Parties to the present Convention,

Considering the fundamental role of the treaties in the history of the international relations,

Recognizing the increasing importance of treaties as a source of International Law and as a means of developing peaceful cooperation among nations, whatever their constitutional and social systems,

Constaging that the principles of free consent and good faith and the rule pacta sunt servanda are universally recognized,

Stating that the controversies concerning the treaties, such as other international controversies, should be solved by peaceful means and compliance with the principles of Justice and Law International,

Recalling the determination of the peoples of the United Nations to create conditions necessary for the maintenance of Justice and respect for obligations arising from the treaties,

Consent of the principles of International Law emboded in the Charter of the United Nations, such as the principles of equality of rights and self-determination of peoples, sovereign equality and independence of all states, non-intervention in the internal affairs of states, the prohibition of the threat or employment of force and universal respect and observance of the human rights and fundamental freedoms for all,

Acredictating that the codification and progressive development of the right of treaties achieved in this Convention will promote the purposes of the United Nations set out in the Charter, which are the maintenance of the peace and international security, the development of friendly relations and the achievement of cooperation between the nations,

Stating that the rules of International Consuetudinary law will continue to govern the issues not regulated by the provisions of this Convention,

Concame in the next:

PART I

Introduction

Article 1

Amber of the Present Convention

The present Convention applies to treaties between states.

Article 2

Expressions Employed

1. For the purposes of this Convention:

a) ?treated? means an international agreement concluded in writing between states and governed by International Law, whether it is a single instrument, whether of two or more related instruments, whatever their specific denomination;

b) ?ratification?,? approval?,?? e? accession? mean, as the case may be, the international act so called by which a State establishes on the international level its consent to obligate itself by a treaty;

c) ?plenos powers? means a document dispatted by the competent authority of a State and by which they are assigned one or several persons to represent the State in the negotiation, adoption or authentication of the text of a treaty, to manifest the consent of the State on obliging itself by a treaty or to practise any other act concerning a treaty;

d) ?reservation? means a unilateral declaration, whatever your essay or denomination, made by a State by signing, ratifying, accepting or approving a treaty, or to it accede to, with the aim of excluding or modifying the legal effect of certain provisions of the treaty in its application to that state;

e)?State negotiator? means a state that participated in the drafting and adoption of the text of the treaty;

f)?Contracting state? means a State which has consented to force itself by the treaty, whether or not the treaty entered into force;

g) ?part? means a State which has consented to force itself by the treaty and in relation to which this is in force;

h) ?third State? means a state that is not party to the treaty;

i) ?international organization? means an intergovernmental organization.

2. The provisions of paragraph 1 relating to the expressions employed in this Convention shall not prejudice the employment of such expressions, nor the meanings that may be given to them in the domestic law of any State.

Article 3

International Agreements Deleted from the Scope of the Present Convention

The fact that this Convention does not apply to agreements internationals concluded between states and other subjects of International Law, or among these other subjects of International Law, or to international agreements that are not concluded in writing, will not harm:

at)the legal efficacy of these agreements;

b)the application to these agreements of any rules set out in the present Convention to which they would be subject by virtue of International Law, regardless of the Convention;

c)the application of the Convention to the relations between states, regulated in international agreements in which they are equally other subjects of International Law.

Article 4

Irretroactivity of the Present Convention

Without prejudice to the application of any rules set out in the this Convention to which the treaties would be subject by virtue of International Law, irrespective of the Convention, this shall only apply to treaties concluded by states after their entry into force in respect of those States.

Article 5

Constitutive Treaties of International Organizations and Treaties

Aendowed in the Scope of an International Organization

This Convention applies to every treaty that is the constitutive instrument of an international organization and every treaty adopted within the framework of an international organization, without prejudice to any relevant standards of the organization.

PART II

Conclusion and Input in Treaty Vigor

SECTION 1

Conclusion of Treaties

Article 6

Ability of the states to Complete Treaties

Every state has the capacity to complete treaties.

Article 7

Plenes Powers

1. A person is considered a representative of a state for the adoption or authentication of the text of a treaty or to express the consent of the State in obliging itself by a treaty if:

a)present full-appropriate powers; or

b)the practice of interested states or other circumstances indicate that the intention of the state was to consider that person its representative for these purposes and dispense with the full powers.

2. By virtue of their functions and regardless of the presentation of full powers, they are considered representatives of their state:

The Heads of State, the Heads of Government and the Foreign Ministers, for the realization of all the acts relative to the conclusion of a treaty;

b)the diplomatic Heads of Mission, for the adoption of the text of a treaty between the believing state and the State together to which they are accredited;

c)the representatives accredited by the states in the face of a conference or international organization or one of its organs, for the adoption of the text of a treaty in such a conference, organization or organ.

Article 8

Previous confirmation of a Practiced Act without Authorization

An act concerning the completion of a treaty practiced by a person that, pursuant to Rule 7, it cannot be considered as the representative of a State for that purpose does not produce legal effects unless it is subsequently confirmed by that State.

Article 9

Text Adotion

1. The adoption of the text of the treaty takes effect by the consent of all States participating in its drafting, except when the provisions of paragraph 2 apply.

2. The adoption of the text of a treaty at an international conference takes place by the majority of two-thirds of the states present and voting, save if those states, by the same majority, decide to apply a diversely rule.

Article 10

Text authentication

The text of a treaty is considered authentic and definitive:

a) by the process predicted in the text or agreed upon by the states participating in its drafting; or

b)in the absence of such a process, by the signature, signature ad referendum or heading, by the representatives of those States, of the text of the treaty or of the Final Act of the Conference that incorporate the said text.

Article 11

Means of Manifest Consent in Obligation To Be Treated by a Treaty

The consent of a state in obliging itself by a treaty may express themselves by the signing, exchange of the instruments constitutive of the treaty, ratification, acceptance, approval or accession, or by any other means, if so agreed.

Article 12

Consent to Obligation To Be Signed by a Treaty Manifested by the Subscription

1. The consent of a State in obliging itself by a treaty manifests itself by the signature of the representative of that State:

when the treaty provides that the signature will have this effect;

b)when to establish themselves, otherwise, that states negotiators have agreed to give the signature this effect; or

c)when the intention of the State interested in giving this effect to the signature decorate the full powers of its representative or has been manifested during the negotiation.

2. For the effects of paragraph 1:

a)the rubric of a text has the signature value of the treaty, when it becomes established that the states negotiators in this have agreed;

b)the signature ad referendum of a treaty by the representative of a state, when confirmed by that state, is worth as a definitive signing of the treaty.

Article 13

Consent to Obligation To by a Treaty Manifested by

Exchanges of your Constitutive Instruments

The consent of the states in obliging themselves by a treaty, consisting of instruments exchanged between them, manifests itself by this exchange:

a) when the instruments establish that the exchange will produce this effect; or

b)when it is established, in another form, that these states have agreed that the exchange of the instruments would produce this effect.

Article 14

Consent to Obligation To Be by a Treaty Manifested by

Ratification, Acceptance, or Approval

1. The consent of a State in obliging itself by a treaty manifests itself by ratification:

when the treaty possesses that this consent manifests itself by ratification;

b)when you establish that the States negotiators have agreed that ratification is required;

c)when the representative of the state has signed the treaty subject to ratification; or

d)when the intention of the State to sign the treaty under ratification reserve decorates the full powers of its representative or has been manifested during the negotiation.

2. The consent of a State in obliging itself by a treaty manifests itself by acceptance or approval in conditions analogous to those applicable to ratification.

Article 15

Consent to Obligation To Be by a Treaty Manifested by Accession

The consent of a state in obliging itself by a treaty manifests itself by the accession:

when such a treaty possesses that such consent may be manifested, by that State, by the accession;.

b)when, in another way, establish that the negotiating states have agreed that such consent can be manifested, by that State, by the accession; or

c)when all parties have subsequently agreed that such consent can be manifested, by that State, by the accession.

Article 16

Exchanges or Depot of Ratification Instruments, Acceptance, Approval or Accession

Unless the treaty dismissively possesses, the instruments of ratification, acceptance, approval or accession establish the consent of a State in obliging itself by a treaty on the occasion:

a)of its exchange between the contracting states;

b)of your deposit with the depositary; or

c)of its notification to the contracting states or to the depositary, if it is so convenor.

Article 17

Consent to Obligation by Part of a Treaty and Choice between Different Provisions

1. Without prejudice to the provisions of Articles 19 a to 23, the consent of a State to be obligated by a treaty shall only produce effect if the treaty permits it or if other contracting States in this shall agree.

2. The consent of a State in obliging itself by a treaty allowing for the choice between different provisions only produces effect if the provisions referred to in the consent are clearly stated.

Article 18

XX_ENCODE_CASE_One obligation to Not Frustrate the Object and Purpose of a Treaty prior to its Entry into Vigor

A state is obliged to abstain from the practice of acts that would frustrate the object and purpose of a treaty, when:

a)has signed or exchanged constitutive instruments of the treaty, subject to ratification, acceptance or approval, while it has not expressed its intention to not become a party to the treated; or

b) has expressed its consent to obligated by the treaty in the period preceding the entry into force of the treaty and with the condition that this is not unduly retarded.

SECTION 2

Reserves

Article 19

Reserves Formulation

A state may, when signing, ratify, accept or approve a treaty, or to it adhere to, formulate a reservation, unless:

a) the reservation is prohibited by the treaty;

b) the treaty possesses that they can only be formulated certain reserves, among which do not figure the reservation in question; or

c)in the cases not provided for in points (a and b, the reservation is incompatible with the object and purpose of the treaty.

Article 20

Acceptance of Reserves and Objections to Reserves

1. A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States, unless the treaty so possesses.

2. When it infers from the limited number of the States ' negotiators, as well as the object and purpose of the treaty, that the application of the treaty in full between all parties is an essential condition for the consent of each of them in obliging themselves by the treated, a reservation requires the acceptance of all parties.

3. When the treaty is a constitutive act of an international organization, the reservation requires the acceptance of the competent organ of the organization, unless the treaty dismissively possesses it.

4. In the cases not provided for in the preceding paragraphs and unless the treaty otherwise possesses:

a)the acceptance of a reservation by another Contracting State makes the State author of the reservation part in the treated in relation to that other state, whether the treaty is in force or when it comes into force for those states;

b)the objection made to a reservation by another contracting State does not prevent the treaty from going into effect between the state that has formulated the objection and the author State of the reservation, unless a contrary intention has been expressly manifested by the State which formulated the objection;

an act that manifold the consent of a state in obliging itself by a treaty and that contains a reservation will effect as soon as at least another Contracting State accepts the reservation.

5. For the purposes of paragraphs 2 and 4, and unless the treaty possesses amusement, a reservation is held as accepted by a State if the latter has not formulated objection to the reservation either in the course of the twelve-month period following the date on which it received the notification, either on the date on which it expressed its consent to oblige by the treaty, if this is later.

Article 21

Legal Effects of Reserves and Objections to Reserves

1. A reservation established in relation to another party, of conformity with articles 19, 20 and 23:

modifies for the author of the reserve, in its relations with the other party, the provisions of the treaty on which focuses on the reservation, to the extent predicted by this; and

b)modifies these provisions, to the same extent, as to that other party, in its relations with the author state of the reservation.

2. The reservation does not modify the provisions of the treaty as to the remaining parties to the treaty in their relations inter se.

3. Where a State which has formulated objection to a reservation has not objected to the entry into force of the treaty between itself and the State's author of the reservation, the provisions referred to in the reservation do not apply between the two States, to the extent provided for by the reservation.

Article 22

Retreat of Reserves and Objects to Reserves

1. Unless the treaty otherwise possesses, a reservation may be withdrawn at any time, without the consent of the State which accepted it is necessary for its withdrawal.

2. Unless the treaty otherwise possesses, an objection to a reservation may be withdrawn at any time.

3. Unless the treaty possesses or stays agreed otherwise:

a)withdrawal of a reservation will only take effect in relation to another contracting State when this State receives the corresponding notification;

b)a withdrawal of an objection to a reservation will only produce effect when the state that formulated the reservation receives notification of this withdrawal.

Article 23

Process Relative to Reserves

1. The reservation, the express acceptance of a reservation and the objection to a reservation shall be formulated in writing and communicated to the Contracting States and to the other States which have the right to become parties to the treaty.

2. A reservation formulated when the signing of the treaty subject to ratification, acceptance or approval, shall be formally confirmed by the State which has formulated it at the time when it expresses its consent to obligate itself by the treaty. In such a case, the reservation shall be deemed to be made on the date of its confirmation.

3. An express acceptance of a reservation, or objection to a reservation, made prior to the confirmation of the reservation does not require confirmation.

4. The withdrawal of a reservation or an objection to a reservation must be formulated in writing.

SECTION 3

Input in Vigour of Treaties and Provisional Application

Article 24

Input in force

1. A treaty shall come into force in the form and date provided for in the treaty or agreed upon by the State Negotiators.

2. In the absence of such a provision or agreement, a treaty shall enter into force as soon as consent to obligate by the treaty is manifested by all the States negotiators.

3. Where the consent of a State in obliging itself by a treaty is manifested after its entry into force, the treaty shall enter into force with respect to that State on that date, unless the treaty otherwise possesses it.

4. They apply from the time of the adoption of the text of a treaty to the provisions relating to the authentication of its text, to the manifestation of the consent of the States in obliging themselves by the treaty, the manner or the date of its entry into force, to the reservations, to the depositary functions and the other matters that arise necessarily prior to the entry into force of the treaty.

Article 25

Provisional application

1. A treaty or a part of the treaty applies provisionally as long as it does not come into force, if:

s) the treaty itself thus dispend; or

b)the states negotiators so wake up in another way.

2. Unless the treaty possesses or the negotiators states otherwise, the provisional application of a treaty or part of a treaty, in relation to a State, ends if that State notifies the other States, among which the treaty is applied provisionally, its intention not to become a party to the treaty.

PART III

Observance, Application and Interpretation of Treaties

SECTION 1

Observance of Treaties

Article 26

Pacta sunt servanda

Every treaty in effect obliges the parties and must be fulfilled by them in good faith.

Article 27

Right Internal and Observance of Treaties

One party may not invoke the provisions of its domestic law to justify the inadimplement of a treaty. This rule is without prejudice to Article 46.

SECTION 2

Application of Treaties

Article 28

Irretroactivity of Treaties

Unless a different intent is evidenced from the treaty, or is established otherwise, its provisions do not oblivid a part in relation to an earlier act or fact or to a situation that ceased to exist before the entry into force of the treaty, in relation to that part.

Article 29

Territorial application of Treaties

Unless a different intent is evidenced from the treaty, or is established otherwise, a treaty obliges each of the parts in relation to all of its territory.

Article 30

Application of Sucessive Treaties on the Same Subject

1. Without prejudice to the provisions of Article 103 of the Charter of the United Nations, the rights and obligations of States Parties to successive treaties on the same subject shall be determined in accordance with the following paragraphs.

2. Where a treaty stipulates that it is subordinated to a previous or later treaty or that it should not be deemed incompatible with that other treaty, the provisions of the latter shall prevail.

3. Where all the parties to the previous treaty are also parties to the subsequent treaty, without the previous treaty having ceased to invigorate or without its application being suspended under Rule 59, the previous treaty shall only apply in the measure in which its provisions are compatible with those of the subsequent treaty.

4. When the parties to the later treaty do not include all parties to the previous treaty:

s) in relations between the states parties in the two treaties, the provisions of paragraph 3 apply;

b) in the relations between a State Party in the two treaties and a State Party only in one of those treaties, the treaty in which the two States are parties shall govern their reciprocal rights and obligations.

5. Paragraph 4 applies without prejudice to Article 41, or any matter relating to the extinction or suspension of the execution of a treaty under Article 60 or any matter of liability that may arise for a State of the conclusion or of the application of a treaty whose provisions are inconsistent with its obligations with respect to another State pursuant to another treaty.

SECTION 3

Interpretation of Treaties

Article 31

General Interpretation Rule

1. A treaty must be interpreted in good faith according to the common sense attributable to the terms of the treaty in its context and in the light of its objective and purpose.

2. For the purposes of interpreting a treaty, the context will understand, in addition to the text, its preamble and attachments:

any agreement concerning the treaty and done between all parties in connection with the completion of the treaty;

b) any instrument established by one or several parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument pertaining to the treaty.

3. They will be taken into consideration, along with the context:

a)any subsequent agreement between the parties concerning the interpretation of the treaty or the application of its provisions;

b)any practice followed later in the application of the treaty, by which establishes the agreement of the parties concerning its interpretation;

c) any rules relevant International Law applicable to the relations between the parties.

4. A term will be understood in a special sense if it is established that that was the intention of the parties.

Article 32

XX_ENCODE_CASE_CAPS_LOCK_On supplemental means of Interpretation

Can-if resort to supplementary means of interpretation, inclusive to 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, in accordance with article 31:

a)leaves the ambiguous or obscure sense; or

b)leads to a result that is manifestly absurd or disarreasonableness.

Article 33

Interpretation of Authenticated Treaties in Two or More Languages

1. When a treaty has been authenticated in two or more languages, its text also makes faith in each of them, unless the treaty possesses or the parties agree that, in the event of a divergence, a given text is prevalent.

2. A version of the treaty in a diverse language from those in which the text has been authenticated will only be considered authentic text if the treaty prevents it or the parties to it agree.

3. It is assumed that the terms of the treaty have the same meaning in the various authentic texts.

4. Unless the case in which a particular text prevails in the terms of paragraph 1, when the comparison of the authentic texts reveals a difference in meaning that the application of Articles 31 and 32 does not eliminate, it will adopt the sense that, taking into account the object and the purpose of the treaty, better reconciling the texts.

SECTION 4

Treaties and Third party states

Article 34

General Rule with Relation to Third States

A treaty creates no obligations or rights for a third state without your consent.

Article 35

Treaties that Create Obligations for Third States

An obligation is born to a third state of a provision of a treaty if the parties to the treaty are intended to create the obligation by means of that provision and the third State to expressly accept, in writing, that obligation.

Article 36

Treaties that Crimean Rights for Third Parties

1. A right is born to a third State of a provision of a treaty if the parties to the treaty are intended to confer, by means of that provision, that right or a third State, or to a group of States to which it belongs, or to all the states, and the third state in this consented. Your consent is presumed until stated otherwise, unless the treaty dismissively provides.

2. A State which exercises a right under paragraph 1 shall respect, for the exercise of that right, the conditions laid down in the treaty or established in accordance with the treaty.

Article 37

Revogation or Modification Of Obligations or Rights of Third States

1. Any obligation that was born to a third State under Rule 35 may only be revoked or modified with the consent of the parties to the treaty and the third State, unless it becomes established that they had agreed amusement.

2. Any right that has been born to a third State pursuant to Article 36 shall not be revoked or modified by the parties, if it becomes established that there has been an intention that the right should not be revocable or subject to modification without the consent of the third state.

Article 38

Rules of a Tornado Treaty Obligation for Third States by

International Costume Strength

Nothing in articles 34 a to 37 prevents a rule from provided for in a treaty becomes mandatory for third parties states as consuetudinary rule of international law, recognized as such.

PART IV

Amendment and modification of Treaties

Article 39

General Rule Relative to the Amendment of Treaties

A treaty could be amended by agreement between the parties. The rules set out in Part II shall apply to such an agreement, unless the treaty dispens amusingly.

Article 40

Emenda of Multilateral treaties

1. Unless the treaty possesses amusement, the amendment of multilateral treaties shall be governed by the following paragraphs.

2. Any proposal to amend a multilateral treaty between all parties should be notified to all contracting States, each of which shall have the right to participate:

a)in the decision as to the action to be taken on that proposal;

b) in the negotiation and conclusion of any agreement for the amendment of the treaty.

3. Every state that may be a party to the treaty may also be a party to the amended treaty.

4. The amendment agreement does not bind the states that are already parties to the treaty and have not become parties to the amendment agreement; in relation to those States, Article 30, paragraph 4 (b) shall apply.

5. Any State that becomes a party to the treaty after the entry into force of the amendment agreement will be considered, unless it expresses different intention:

part in the amended treaty; and

b)part in the unamended treaty in relation to the parties to the treaty not bound by the amendment agreement.

Article 41

Agreements for Modifying Multilateral Treaties only between Some Parties

1. Two or more parties to a multilateral treaty may conclude an agreement to modify the treaty, only among themselves, provided that:

a)the possibility of such a modification is predicted in the treaty; or

b)the modification in question is not prohibited by the treaty; and

i) do not harm the enjoyment by the others portions of the rights arising from the treaty nor the fulfillment of its obligations

ii)do not concern a provision whose derogation is incompatible with the effective execution of the object and the purpose of the treaty in its ensemble.

2. Unless, in the case provided for in paragraph 1 (a), the treaty otherwise disposes, the parties concerned shall notify the other parties of their intention to conclude the agreement and the modifications that it introduces into the treaty.

PART V

Nulity, Extinction and Suspension of the Execution of Treaties

SECTION 1

General provisions

Article 42

Validity and the Vigence of Treaties

1. The validity of a treaty or the consent of a State in obliging itself by a treaty may be challenged only by the application of this Convention.

2. The extinction of a treaty, its denunciation or the withdrawal of one of the parties may occur only by virtue of the application of the provisions of the treaty or of this Convention. The same rule applies to the suspension of the execution of a treaty.

Article 43

XX_ENCODE_CASE_One obligations imposed by international law,

Irrespective of a Treaty

The nullity of a treaty, its extinction or denunciation, the withdrawal of one of the parties or the suspension of the execution of a treaty as a result of the application of this Convention or the provisions of the treaty shall not prejudice, in any way, the duty of a State to fulfill any obligation enunciated in the treaty to which he would be subject by virtue of International Law, irrespective of the treaty.

Article 44

Divisibility of the Provisions of a Treaty

1. The right of a Party, provided for in a treaty or arising from Article 56, to denounce, withdraw or suspend the execution of the treaty, may only be exercised in respect of the whole of the treaty, unless the latter possesses or the parties accompanies amusement.

2. A cause of nullity, of extinction, of withdrawal of one of the Parties or of suspension of execution of a treaty, recognized in this Convention, may only be claimed in relation to the whole of the treaty, save under the conditions laid down in the paragraphs following or in article 60.

3. If the cause relates only to certain clauses, it can only be argued in relation to those clauses and provided that:

these clauses are separable from the rest of the treaty in what concerne your application;

b)resulte from the treaty or stay established another way that the acceptance of these clauses did not constitute for the other party, or for the other parties to the treaty, an essential basis of their consent to be obligated by the treaty in their ensemble; and

c)don't be unfair to continue to execute the rest of the treaty.

4. In the cases provided for in Articles 49 and 50, the State which has the right to claim the dolo or corruption may do so in relation to the whole of the treaty or, in accordance with paragraph 3, only to the certain clauses.

5. In the cases provided for in Articles 51, 52 and 53 a division of the provisions of a treaty is not permitted.

Article 45

Loss of the Right to Invoke Cause of Nullity, Extinction, Withdrawal

or Suspension of the Execution of a Treaty

A state can no longer invoke a cause of nullity, of extinction, of withdrawal or suspension of the execution of a treaty, on the basis of articles 46 a to 50 or in Articles 60 and 62, if, after there was knowledge of the facts, that State:

you have accepted, expressly, that the treaty is valid, remains in effect or keeps running as the case, or

b)by virtue of its conduct, it should be considered to have agreed that the treaty is valid, remains in effect, or remains in execution, as the case may be.

SECTION 2

Nulity of Treaties

Article 46

Provisions of the Internal Law on Competence for Completing Treaties

1. A State cannot invoke the fact that its consent to obliging itself by a treaty was expressed in violation of a provision of its domestic law on jurisdiction to conclude treaties, unless that violation was manifest and said respect to a norm of their domestic law of fundamental importance.

2. A violation is manifest if it is objectively evident to any State that proceed, in the matter, of compliance with normal practice and in good faith.

Article 47

XX_ENCODE_CASE_CAPS_LOCK_On specific responses to the Power of Manifesting the Consent of a State

If the power conferred on a representative to manifest the consent of a State in obliging itself by a particular treaty to have been the subject of specific restriction, the fact that the representative does not respect the restriction cannot be relied upon as invalidating the express consent, unless the restriction has been notified to the other States negotiators prior to the manifestation of the consent.

Article 48

Error

1. A State may invoke error in the treaty as having invalidated its consent to be obligated by the treaty if the error relates to a fact or situation that that state assumed to exist at the time the treaty was concluded and that it constituted a basis essential of your consent to obliging yourself by the treaty.

2. Paragraph 1 does not apply if the said State contributes to such an error by its conduct or whether the circumstances were such that the State should have been aware of the possibility of error.

3. An error pertaining to the wording of the text of a treaty will not prejudice its validity; in this case, Article 79 will apply.

Article 49

Dolo

If a state has been led to conclude a treaty by the fraudulent conduct of another negotiator state, the state can invoke the fraud as having invalidated their consent to oblige by the treaty.

Article 50

Corruption of Representative of a state

If the manifestation of the consent of a state in obliging itself by a treaty was obtained through corruption of its representative, by the direct or indirect action of another negotiator state, the State may alleging such corruption as having invalidated their consent to oblige by the treaty.

Article 51

Coating of Representative of a State

No shall produce any legal effect the manifestation of the consent of a State in obliging itself by a treaty that has been obtained by the coating of its representative, by means of acts or threats directed against it.

Article 52

Coating a State by the Threat or Employment of the Force

It is null a treaty whose conclusion was obtained by the threat or the employment of force in violation of the principles of International Law emboded in the Charter of the United Nations.

Article 53

Treaty on Conflict with a Imperative Standard of Law

International General (jus cogens)

It is null a treaty that, at the time of its completion, confides with an imperative norm of general international law. For the purposes of this Convention, an imperative norm of general international law is a norm accepted and recognized by the international community of states as a whole, as a norm of which no derogation is permitted and that can only be modified by ulterior norm of general international law of the same nature.

SECTION 3

Extinction and Suspension of the Execution of Treaties

Article 54

Extintion or Withdrawn from a Treaty on the Virtue of their

Provisions or by consent of the Parties

The extinction of a treaty or the withdrawal of one of the parts can take place:

a) of compliance with the provisions of the treaty; or

b)at any time, by the consent of all the parties, after consultation with the other contracting states.

Article 55

Reduction of the Parties in a Multilateral Treaty short of the Required Number

for its Input in Vigor

Unless the treaty possesses diversely, a treaty multilateral not extinguished by the simple fact that the number of parties fell short of the number needed for its entry into force.

Article 56

Denpronunciation, or Withdrawal, Of A Treaty That Does Not Contain Provisions

about Extinction, Complaint, or Withdrawal

1. A treaty that contains no provision relating to its extinction, and which does not provide for denunciation or withdrawal, is not susceptible to denunciation or withdrawal, unless:

a) establish themselves to have the intended parties admit the possibility of the complaint or withdrawal; or

b)a right of denunciation or withdrawal can be deduced from nature of the treaty.

2. A Party should notify, at least twelve months in advance, its intention to report or withdraw from a treaty, pursuant to paragraph 1.

Article 57

Suspension of Execution of a Treaty on the Virtue of its

Provisions or by the Consent of the Parties

The execution of a treaty in relation to all parts or a given part can be suspended:

s) of compliance with the provisions of the treaty; or

b)at any time, by the consent of all the parts, after consultation with the other contracting states

Article 58

Suspension of Multilateral Treaty Execution by Agreement only between Some of the Parties

1. Two or more parties to a multilateral treaty may conclude an agreement to temporarily suspend, and only from each other, the execution of the provisions of a treaty if:

a)the possibility of such a suspension is envisaged by the treaty; or

b) this suspension is not prohibited by the treaty and:

i) do not harm the enjoyment, by the other parties, of their rights arising from the treaty nor the fulfillment of their obligations

ii)is not incompatible with the object and purpose of the treaty.

2. Unless, in a case provided for in paragraph 1 (a), the treaty dispens amusingly, the parties concerned shall notify the other parties of their intention to conclude the agreement and the provisions of the treaty the implementation of which they intend to suspend.

Article 59

Extinction or Suspension of the Execution of a Treaty on Virtue of

Conclusion of a Posterior Treaty

1. A treaty shall be considered to be extinct if all its parties conclude a subsequent treaty on the same subject and:

a)result from the later treaty, or stay established otherwise, that the intent of the parties was regulate the subject matter by this treaty; or

b)the provisions of the subsequent treaty are such incompatible with those of the previous one, that the two treaties cannot be applied at the same time.

2. It is considered only to be suspended the execution of the previous treaty if it deems from the subsequent treaty, or to be established otherwise, that that was the intention of the parties.

Article 60

Extinction or Suspension of the Execution of a

Treaty in consequence of its Violation

1. A substantial violation of a bilateral treaty by one of the parties authorizes the other party to invoke the violation as a cause of extinction or suspension of the execution of treaty, in whole or in part.

2. A substantial violation of a multilateral treaty by one of the parties authorizes:

any other parties, by unanimous consent, to suspend the execution of the treaty, in whole or in part, or to extinguish the treaty, either:

i) in the relations between them and the failing state;

ii)among all parties;

b)a part especially impaired by the violation to invoke it as a cause to suspend the execution of the treaty, in whole or in part, in the relations between it and the failing state;

c)any party other than the failed state to invoke the violation as a cause to suspend the execution of the treaty, in whole or in part, as far as it is concerned, if the treaty is of such a nature that a substantial violation of its provisions by itself radically modifies the situation of each party as to to the subsequent fulfillment of its obligations arising from the treaty.

3. A substantial violation of a treaty, for the purposes of this article, consists of:

a)in a rejection of the treaty not sanctioned by this Convention; or

b)in the violation of an essential provision for the achievement of the object or the purpose of the treaty.

4. The preceding paragraphs shall not prejudice any provision of the applicable treaty in the event of a breach.

5. Paragraphs 1 a to 3 do not apply to the provisions on the protection of the human person contained in treaties of humanitarian character, especially the provisions prohibiting any form of reprisal against persons protected by such treaties.

Article 61

Impossibility Supervenient of Fulfillment

1. A party may invoke the impossibility of complying with a treaty as a cause to extinguish the treaty or from it withdrawing, if this possibility results from the destruction or the definitive disappearance of an object indispensable to compliance with the treaty. If the impossibility is temporary, it can be invoked only as cause to suspend the execution of the treaty.

2. The impossibility of compliance may not be invoked by one of the parties as a cause to extinguish a treaty, of it withdrawing, or suspending the execution of it, if the impossibility is the result of a violation, by that part, or of an obligation arising from the treaty, either from any other international obligation in relation to any other party to the treaty.

Article 62

Fundamental Change of Circumstances

1. A fundamental change of circumstances, occurring in relation to those existing at the time of the conclusion of a treaty, and not provided for by the parties, cannot be invoked as a cause to extinguish a treaty or from it withdrawing, unless:

a)the existence of these circumstances has constituted an essential condition of the consent of the parties to be obliged by the treaty; and

b)this change has by effect the radical modification of the range of obligations yet outstanding of fulfillment by virtue of the treaty.

2. A fundamental change of circumstances cannot be invoked by the party as a cause to extinguish a treaty or from it withdrawing:

if the treaty establishes boundaries; or

b)if the fundamental change results from violation, by the part that invokes it, whether it is from an obligation arising from the treaty, be of any other international obligation in relation to any other party to the treaty.

3. If, in the terms of the preceding paragraphs, a party may invoke a fundamental change of circumstances as cause to extinguish a treaty or it withdraws, it may also invoke it as a cause to suspend the execution of the treaty.

Article 63

Rompimento of Diplomatic and Consular Relations

The break-up of diplomatic or consular relations between parties in a treaty shall not affect the legal relations established between them by the treaty, save in so far as the existence of diplomatic or consular relations is indispensable to the application of the treaty.

Article 64

Supervenience of a New Imperative Standard of

General international law (jus cogens)

If it survites a new imperative norm of general international law, any existing treaty that conflicts with this norm becomes null and extinguishes.

SECTION 4

Process

Article 65

Process Relative to Nullity, Extinction, Withdrawal or Suspension from the Execution of a Treaty

1. A Party which, pursuant to this Convention, invoking either an addiction to its consent in obliging itself by a treaty, wants a cause to challenge the validity of a treaty, extinguishes it, from it withdrawing or suspending its application, must notify your claim to the other parties. The notification will indicate the extent to which it is proposed to take in relation to the treaty and the reasons for it.

2. Save in the event of an extreme urgency, the period of at least three months counted from the receipt of the notification, if no party has formulated objections, the party that has made the notification may take, in the manner provided for by Article 67, the extent to which proposed.

3. If, however, any other party has formulated an objection, the parties should seek a solution by the means provided for in Article 33 of the Charter of the United Nations.

4. Nothing in the preceding paragraphs will affect the rights or obligations of the parties arising from any provisions in force that obligate the parties with respect to the solution of controversies.

5. Without prejudice to Rule 45, the fact that a State has not made the notification provided for in paragraph 1 does not prevent it from making such notification in response to another party requiring compliance with the treaty or at random to prevent its violation.

Article 66

Judicial Solution Process, of Arbitration and Conciliation

If, pursuant to paragraph 3 of article 65, no solution was achieved, in the 12 months following the date at which the objection was formulated, the following process will be adopted:

a)any part in the controversy over the application or interpretation of articles 53 or 64 might, upon written request, submit it to the decision of the International Court of Justice, save if the parties decide, by common agreement, to submit the controversy to arbitration;

b)any part in the controversy over the application or the interpretation of any of the other Articles of Part V of this Convention may initiate the process provided for in the Annex to the Convention, upon request to that effect to the Secretary-General of the United Nations.

Article 67

Declaratory Instruments of the Nulity, the Extinction, of the Withdrawal

or Suspension of the Execution of a Treaty

1. The notification provided for in paragraph 1 of Article 65 shall be made in writing.

2. Any act declaring the nullity, extinction, withdrawal or suspension of the execution of a treaty, pursuant to the provisions of the treaty or paragraphs 2 and 3 of Article 65, shall be brought into effect by means of an instrument communicated to the other parts. If the instrument is not signed by the Head of State, Head of Government or Foreign Minister, the representative of the State who makes the communication may be invited to display full powers.

Article 68

Revogation of Notifications and Predicted Instruments in Articles 65 and 67

A notification or an instrument provided for in articles 65 or 67 can be revoked at any time before they produce effects.

SECTION 5

Consequences of the Nulity, from Extinction

and of the Suspension of Execution of a Treaty

Article 69

Consequences of the Nulity of a Treaty

1. A treaty whose nullity is a result of the provisions of this Convention is void. The provisions of a void treaty have no legal effectiveness.

2. If, however, acts have been practiced by virtue of that treaty:

a)each party may require from any other party the establishment, as far as possible, in their mutual relations, of the situation that would have existed if these acts had not been practiced;

b) the acts practiced in good faith, before of the nullity there has been invoked, will not be made illegal by the simple reason of the nullity of the treaty.

3. In the cases provided for by Articles 49, 50, 51 or 52, paragraph 2 does not apply with respect to the party to which the dolo is charged, the act of corruption or the coating.

4. In the case of the nullity of the consent of a particular State in obliging itself by a multilateral treaty, the above rules apply in the relations between that State and the parties to the treaty.

Article 70

Consequences of the Extinction of a Treaty

1. Unless the treaty possesses or the parties otherwise notice, the extinction of one, treaty, in the terms of its provisions or of this Convention:

a)releases the parts of any obligation to continue to comply with the treaty;

b)does not harm any right, obligation, or legal situation of the parties, created by the execution of the treaty prior to its extinction.

2. If a State denounts a multilateral treaty or of it withdraws, paragraph 1 applies in relations between that State and each of the other parties to the treaty, as of the date on which it produces effect of such denunciation or withdrawal.

Article 71

Consequences of the Nulity of a Treaty on Conflict With A Normality

Imperative of General International Law

1. In the case of a null treaty by virtue of Article 53, the parties are obliged to:

eliminate, as far as possible, the consequences of any act practiced on the basis of a provision that is in conflict with the imperative norm of general international law; and

b)adapt their mutual relations to the imperative norm of general international law.

2. When a treaty becomes void and is extinguished, under the terms of Article 64, the extinction of the treaty:

a)releases the parts of any obligation to continue to comply with the treaty;

b)does not harm any right, obligation, or legal situation of the parties, created by the execution of the treaty, prior to their extinction; however, these rights, obligations or situations may only be maintained thereafter, to the extent that their maintenance does not conflict with the new imperative norm of law General international.

Article 72

Consequences of the Suspension of Running a Treaty

1. Unless the treaty possesses or the parties otherwise notice, the suspension of the execution of a treaty, in the terms of its provisions or of this Convention:

a)frees the parties, among which the execution of the treaty is suspended, from the obligation to comply with the treated in their mutual relations during the period of the suspension;

b)has no other effect on the legal relationships between the parties, established by the treaty.

2. During the period of the suspension, the parties must refrain from acts intended to obstruct the restart of the execution of the treaty.

PART VI

Various provisions

Article 73

Case of Sucession of states, of Responsibility of a State and of Start of Hostilities

The provisions of this Convention will not prejudgedany question that may arise in relation to a treaty, by virtue of the succession of states, of the international responsibility of a state or the beginning of hostilities between states.

Article 74

Diplomatic and Consular Relations and Conclusion of Treaties

The breakup or absence of diplomatic or consular relations between two or more States shall not preclude the conclusion of treaties between the said States. The conclusion of a treaty, by itself, does not produce effects on diplomatic or consular relations.

Article 75

Agressor State Case

The provisions of this Convention do not undermine any obligation which, in relation to a treaty, may result to a Aggressor state of measures taken in accordance with the Charter of the United Nations, relating to the aggression committed by that State.

PART VII

Depositaries, Notifications, Corrections and Registration

Article 76

Depositaries of Treaties

1. The designation of the depositary of a treaty may be made by the States negotiators in the treaty itself or in some other way. The depositary may be one or more States, an international organization or the main administrative official of that organization.

2. The functions of the depositary of a treaty shall have international character and the depositary is obliged to act impartially in its performance. In particular, it shall not affect this obligation the fact that a treaty has not entered into force between some of the parties or that a divergence has arisen, between a State and the depositary, concerning the performance of the latter's functions.

Article 77

Functions of the Depositaries

1. The functions of the depositary, unless the treaty possesses or the contracting States otherwise accompanies, they understand particularly:

a)store the original text of the treaty and any full powers that have been delivered to it;

b) prepare authenticated copies of the text original and any texts of the treaty in other languages that may be required by the treaty and have them to the parties and states entitled to be parties to the treaty;

c)receive any signatures to the treaty, receive and store any instruments, notifications and communications pertinent to the same;

d)examine whether the signature or any instrument, notification or communication relating to the treaty, is in good and due form and, if necessary, to draw the attention of the State concerned on the issue;

and) inform the parties and states that they have right to be parties to the treaty of any acts, notifications, or communications relating to the treaty;

f)inform states that have a right to be parties to the treaty on when they have been received or deposited the number of signatures or instruments of ratification, acceptance, approval, or accession required for the entry into force of the treaty;

g)register the treaty with the Secretariat of the United Nations;

h)exercise the functions provided for in other provisions of the present Convention.

2. If a divergence arises between a State and the depositary regarding the exercise of the functions of the latter, the depositary shall take the matter to the notice of the signatory States and the Contracting States or, if it is the case, of the competent organ of the international organization concerned.

Article 78

Notifications and Communications

Unless the treaty or the present Convention has another form, a notification or communication that should be made by a State, under the terms of this Convention:

a)will be transmitted, if there is no depository, directly to the states to which it is intended or, if any depositary, to the latter;

b) will deemed to have been made by the State concerned solely from its receipt by the State to which it is transmitted or, if it is the case, by the depositary;

c)if it has been transmitted to a depositary, it shall be deemed to have been received by the State to which it is intended only from the time that this State has received from the depositary the information provided for in paragraph 1 (e) of Article 77.

Article 79

Error Correction in Texts or in Treated Copies of Treaties

1. When, after the authentication of the text of a treaty, the signatory states and the contracting states agree that in it there is a mistake, this, unless a decision on different manner of correction, shall be corrected:

at)by appropriate correction in the text, initialed by duly accredited representatives;

b)upon elaboration or exchange of instrument or instruments in which the correction that has been agreed upon to make; or

c)upon elaboration of a corrected text of the totality of the treated, according to the same process used for the original text.

2. When the treaty has a depositary, the latter must notify the signatory and contracting States of the existence of the error and the proposal to correct it and set an appropriate time frame during which objections to the proposed correction can be formulated. If, expired the deadline:

no objection has been made, the depositary shall effect and initio the correction of the text, wash the rectification minutes of the text and remit copies of it to the parties and states that have right to be parties to the treaty;

b)an objection has been made, the depositary shall communicate it to the signatory States and to the contracting States.

3. The rules set out in paragraphs 1 and 2 apply equally when the text, authenticated in two or more languages, presents a lack of concordance which, according to the signatory states and the contracting States, should be corrected.

4. The corrected text replaces ab initio the defective text, unless the signatory states and the contracting States decide otherwise.

5. The correction of the text of an already registered treaty will be notified to the Secretariat of the United Nations.

6. When discovering an error in a certified copy of a treaty, the depositary shall wash an ata mentioning the rectification and remit copy of it to the signatory States and the contracting States.

Article 80

Registration and Publication of Treaties

1. Upon its entry into force, treaties shall be referred to the Secretariat of the United Nations for registration or classification and cataloguing purposes, as the case may be, as well as for publication

2. The designation of a depositary constitutes authorization for this to practise the acts provided for in the preceding paragraph.

PART VIII

Finals provisions

Article 81

Signature

The present Convention will be open to the signature of all. the Member States of the United Nations or of any of the specialized agencies or of the International Atomic Energy Agency, as well as of all Parties to the Statute of the International Court of Justice and any other State invited by the General Assembly of the United Nations to become a party to the Convention, in the following manner: until November 30, 1969, at the Federal Ministry of Foreign Affairs of the Republic of Austria and, subsequently, until April 30, 1970, at the headquarters of the Nations United in New York.

Article 82

Ratification

This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary General of the United Nations.

Article 83

Accession

This Convention will remain open to the accession of any State belonging to any of the categories mentioned in Article 81. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 84

Input in Vigor

1. This Convention shall enter into force on the thirtieth day following the date of the deposit of the thirty-fifth instrument of ratification or accession.

2. For each State that ratifies the Convention or acceding to it after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit, by that State, of its instrument of ratification or adhesion.

Article 85

Authentic texts

The original of the present Convention, whose texts in Chinese, Spanish, French, English and Russian shall also be authentic, shall be deposited with the Secretary-General of the United Nations.

In faith of what, the plenipotentiaries below signed, duly authorized by their respective Governments, have signed the present Convention.

Feita in Vienna, at the twenty-three days of May one thousand nine hundred and sixty-nine.

A N E X 0

1. The Secretary-General of the United Nations shall draw up and maintain a list of conciliators composed of qualified jurists. To that end, every Member State member of the United Nations or party to this Convention shall be invited to appoint two conciliators and the names of the persons thus appointed shall constitute the list. The appointment of the conciliators, including those appointed to fill an eventual vacancy, is done for a period of five years, renewable. With the expiration of the period for which they are appointed, the conciliators will continue to carry out the duties for which they have been chosen, in accordance with the following paragraph.

2. When an application is made to the Secretary-General pursuant to Rule 66, the Secretary-General shall submit the controversy to a conciliation commission, consisting of the following:

0 State or the states that constitute one of the parties in the controversy appoints:

a)a conciliator of the nationality of that State or of one of those States, chosen or not from the list provided for in paragraph 1; and

b)a conciliator that is not of the nationality of that state or of one of those states, chosen from the list.

The State or the States constituting the other party in the controversy appoint two conciliators in the same way. The four conciliators chosen by the Parties shall be appointed within sixty days of the date of receipt of the request by the Secretary-General.

In the sixty days that follow the last appointment, the four conciliators nominate a fifth, chosen from the list, who will be the president. If the appointment of the President or any other conciliator is not made within the above period of time for such appointment, it shall be made by the Secretary-General in the sixty days following the expiration of that period. 0 Secretary General may appoint as President one of the persons listed in the list or one of the members of the International Law Commission. Any of the deadlines, in which appointments are to be made, may be extended, upon agreement of the parties to the controversy.

Any vacancy must be filled out of the manner foreseen for the initial appointment.

3. The Conciliation Commission shall adopt its own procedure. The Commission, with the consent of the parties to the controversy, may invite any other party to the treaty to submit its point of view orally or in writing. The decision and recommendations of the Commission will be adopted by a majority of votes from its five members.

4. The Commission may draw the attention of the parties to the controversy over any measurable measure of facilitating a friendly solution.

5. The Commission should listen to the parties, examine the claims and objections and make proposals to the parties in order to help them come up with a friendly solution of the controversy.

6. The Commission shall draw up a report in the twelve months following its constitution. Your report should be deposited with the Secretary-General and communicated to the parties in the controversy. 0 report of the Commission, including all the conclusions contained therein as to the facts and matters of law, shall not bind the parties and shall have no other value but that of recommendations submitted to the parties ' consideration, in order to facilitate a solution friendly from the controversy.

7. The Secretary-General shall provide the Commission with the assistance and facilities that it may need. The expenses of the Commission shall be borne by the United Nations.