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(October 24)
Official Journal No. 43,161 of 29 October 1997
By means of which the "Vienna Convention on the Law of International Treaties or between International Organizations" is approved, made in Vienna on March 21, 1986.
COLOMBIA CONGRESS
DECRETA:
Having regard to the text of the Vienna Convention on the Law of International Treaties or International Organisations, which was made in Vienna on 21 March 1986.
(To be transcribed: attached photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
" Vienna Convention on the Law of Treaties between States and International Organizations or International Organizations.
Parties to this Convention
Considering the fundamental role of the treaties in the history of international relations,
Recognising the consensual nature of the treaties and their increasing importance as a source of international law,
Warning that the principles of free consent and good faith and the standard pacta sunt servanda are universally recognized,
Affirming the importance of intensifying the process of codification and progressive development of international law with a universal character,
Convinced that the codification and progressive development of the rules concerning treaties between states and international organizations or international organizations are means to strengthen the legal order in relations and to serve the purposes of the United Nations,
Having regard to the principles of international law incorporated in the Charter of the United Nations, such as the principles of equal rights and the free determination of peoples, of sovereign equality and independence all States, of non-interference in the internal affairs of States, of the prohibition of the threat or use of force and of universal respect for human rights and the fundamental freedoms of all and the effectiveness of such rights and freedoms,
Having also present the provisions of the Vienna Convention on the Law of the Treaties, of 1969,
Recognizing the relationship between the right of treaties between States and the right of treaties between States and international organizations or international organizations,
Considering the importance of treaties between States and international organizations or international organizations as effective means of developing international relations and ensuring conditions for cooperation peaceful among nations, whatever their constitutional and social regimes are,
Having present the particular characteristics of the treaties in which international organizations are Parties as subjects of international law other than the States,
Warning that international organizations possess the capacity to celebrate treaties that is necessary for the exercise of their functions and the realization of their purposes,
Recognising that the practice of international organisations as regards the conclusion of treaties with or between States should be in accordance with their instruments of incorporation,
Stating that nothing in this Convention shall be interpreted in such a way as to affect the relations between an international organization and its members, which are governed by the rules of that organization,
Asserting that disputes relating to treaties, as well as other international disputes, should be resolved, in accordance with the Charter of the United Nations, by peaceful means and in accordance with the principles of the justice and international law,
Affirming also that customary international law rules will continue to govern matters not governed by the provisions of this Convention,
The following have been agreed:
INTRODUCTION
ARTICLE 1o. SCOPE OF THIS CONVENTION. This Convention applies:
a) To treaties between one or more States and one or more international organizations, and
b) To treaties between international organizations.
1. For the purposes of this Convention:
(a) "Treaty" means an international agreement governed by international law and concluded in writing:
i) Between one or more States and one or more international organizations; or
ii) Among international organizations,
either that agreement is made on a single instrument or two or more related instruments and whatever their particular denomination;
(b) "ratification" means the international act so called by which a State establishes in the international arena its consent to be bound by a treaty;
b) Bis is understood as an "act of formal confirmation" an international act corresponding to that of the ratification by a State and by which an international organization establishes in the international sphere its consent to be bound by a treated;
(b) Ter is understood by "acceptance", "approval" and "accession", as the case may be, by the international act so called by which a State or an international organization establishes in the international sphere its consent to be bound by a treated;
(c) 'full powers' means a document emanating from the competent authority of a State or the competent body of an international organisation and designating one or more persons to represent the State or the organisation; in the negotiation, adoption or authentication of the text of a treaty, to express the consent of the State or the organization to be bound by a treaty, or to execute any other act with respect to a treaty;
(d) "reservation" means a unilateral declaration, whatever its statement or denomination, made by a State or by an international organization by signing, ratifying, formally confirming, accepting or approving a treaty or by joining to the, in order to exclude or amend the legal effects of certain provisions of the Treaty in its application to that State or to that organisation;
e) "Negotiating State" and "Negotiating Organization", respectively:
i) A State, or
ii) An international organization,
who has participated in the elaboration and adoption of the text of the treaty;
f) is understood by "Contracting State" and by "contracting organization", respectively:
i) A State, or
ii) An international organization,
treaty;
g) A "Party" means a State or an international organization that has consented to be bound by the treaty and with respect to which or to which the treaty is in force;
h) It is understood by "third State" and by "third organization", respectively:
i) A State, or
ii) An international organization,
That is not a Party to the treaty;
i) "International organization" means an intergovernmental organization;
(j) "organisation rules" shall mean, in particular, the instruments constituting the organisation, its decisions and resolutions adopted in accordance with them and their established practice.
2. The provisions of paragraph 1 on the terms used in this Convention shall be without prejudice to the use of those terms or of the meaning which may be given to them in the domestic law of any State or in the rules of a international organisation.
ARTICLE 3o. INTERNATIONAL AGREEMENTS NOT FALLING WITHIN THE SCOPE OF THIS CONVENTION. The fact that this Convention does not apply:
i) Neither international agreements in which one or more States, one or more international organizations and one or more international law subjects other than States or organizations are parties;
(ii) Neither international agreements in which one or more international organizations are parties and one or more subjects of international law other than States or organizations;
iii) Neither international agreements not concluded in writing between one or more States and one or more international organizations, or among international organizations;
iv) Neither international agreements between subjects of international law other than States or international organizations;
will not affect:
a) To the legal value of such agreements;
(b) The application to them of any of the rules set forth in this Convention to which they are subject under international law regardless of this Convention;
(c) To the application of the Convention to relations between States and international organizations or to the relations of organizations to each other, when these relations are governed by international agreements in which they are also parties other subjects of international law.
ARTICLE 4. IRRETROACTIVITY OF THIS CONVENTION. Without prejudice to the application of any rules set out in this Convention to which the treaties between one or more States and one or more international organizations or between international organisations are subject under international law irrespective of the Convention, it shall only apply to treaties of that kind which are concluded after the entry into force of this Convention with with regard to those States and those organisations.
ARTICLE 5o. TREATIES ESTABLISHING INTERNATIONAL ORGANIZATIONS AND TREATIES ADOPTED IN THE FIELD OF AN INTERNATIONAL ORGANIZATION. This Convention shall apply to any treaty between one or more States and one or more international organizations it is an instrument establishing an international organisation and any treaty adopted in the field of an international organisation, without prejudice to any relevant rules of the organisation.
HOLDING AND ENTERING INTO FORCE OF TREATIES
CELEBRATING THE TREATIES
ARTICLE 6o. CAPACITY OF INTERNATIONAL ORGANIZATIONS TO CELEBRATE TREATIES. The ability of an international organization to hold treaties is governed by the rules of that organization.
1. For the adoption or authentication of the text of a treaty or to express the consent of the State to be bound by a treaty, a person shall be deemed to represent a State:
a) If you present the appropriate full powers; or
(b) If it is apparent from the practice or other circumstances that the intention of the States and the international organizations concerned has been to consider that person representing the State for such purposes without the full presentation of powers.
2. By virtue of their duties, and without having to present full powers, they shall be deemed to represent their State:
(a) Heads of State, Heads of Government and Ministers of Foreign Affairs, for the implementation of all acts concerning the conclusion of a treaty between one or more States and one or more international organizations;
b) Representatives accredited by the States at an international conference, for the adoption of the text of a treaty between States and international organizations;
(c) Representatives accredited by the States to an international organization or one of its organs, for the adoption of the text of a treaty in such an organization or organ;
d) The heads of permanent missions to an international organization, for the adoption of the text of a treaty between the accredited states and that organization.
3. For the adoption or authentication of the text of a treaty or to express the consent of an organization to be bound by a treaty, a person shall be deemed to represent that international organization:
a) If you present the appropriate full powers; or
(b) If it follows from the circumstances that the intention of the States and the international organisations concerned has been to consider that person representing the organisation for such purposes, in accordance with the rules of the organisation and without the presentation of full powers.
ARTICLE 8o. SUBSEQUENT CONFIRMATION OF AN ACT EXECUTED WITHOUT AUTHORISATION. An act concerning the conclusion of a treaty executed by a person who, in accordance with Article 7o, cannot be regarded as authorised to represent for that purpose a State or a International organisation shall not have legal effects unless it is subsequently confirmed by that State or organisation.
ARTICLE 9o. ADOPTING THE TEXT.
1. The adoption of the text of a treaty shall be carried out by the consent of all States and of all international organizations or, as the case may be, of all the organizations involved in its preparation, except as provided in the second paragraph.
2. The adoption of the text of a treaty at an international conference shall be carried out in accordance with the procedure to be agreed by the participants at that conference. If, however, no agreement is reached on such a procedure, the adoption of the text shall be carried out by a majority of two-thirds of the participants present and voters, unless those participants decide, by the same majority, to apply a rule. different.
ARTICLE 10. TEXT AUTHENTICATION.
1. The text of a treaty between one or more States and one or more international organisations shall be established as authentic and final:
(a) By means of the procedure prescribed in the procedure or agreed by the States and the organizations that have participated in its preparation; or
b) In the absence of such a procedure, the signature, the signature ad referendum or the entry by the representatives of those States and of those organizations in the text of the treaty or in the final act of the conference in which the text appears.
2. The text of a treaty between international organisations shall be established as authentic and final:
(a) By means of the procedure prescribed in the procedure or agreed by the organizations involved in their preparation; or
b) In the absence of such a procedure, the signature, the signature ad referendum or the entry by the representatives of those organizations in the text of the treaty or in the final act of the conference in which the text appears.
ARTICLE 11. FORMS OF MANIFESTATION OF CONSENT TO BE BOUND BY A TREATY.
1. The consent of a State to be bound by a treaty may be expressed through the signature, the exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or in any other form whatsoever agreed.
2. The consent of an international organisation to be bound by a treaty may be expressed through the signature, exchange of instruments constituting a treaty, an act of formal confirmation, acceptance, approval or accession, or any other form which has been agreed.
ARTICLE 12. CONSENT TO BE BOUND BY A TREATY MANIFESTED BY SIGNING.
1. The consent of a State or an international organization to be bound by a treaty shall be expressed by the signature of its representative:
a) When the treaty provides that the signature will have that effect;
(b) Where otherwise stated that the negotiating or negotiating organisations or, as the case may be, the negotiating organisations have agreed that the signature has that effect; or
c) Where the intention of the State or the organisation to give effect to the signature is detached from the full powers of its representative or has been expressed during the negotiation.
2. For the purposes of paragraph 1:
(a) The entry of a text shall be equivalent to the signature of the treaty when it is established that the negotiating states and the negotiating organisations or, as the case may be, the negotiating organisations have agreed;
b) The signing of a treaty by the representative of a State or an international organisation shall be equivalent to the final signature of the treaty if that State or organisation confirms it.
ARTICLE 13. CONSENT TO BE BOUND BY A TREATY MANIFESTED BY THE EXCHANGE OF INSTRUMENTS CONSTITUTING A TREATY. The consent of States or international organizations to be bound by a treaty constituted by instruments exchanged between them will be expressed through this exchange:
a) When the instruments provide that their exchange will have that effect; or
(b) Where otherwise stated that those States and those organisations or, as the case may be, those organisations have agreed that the exchange of the instruments has that effect.
1. The consent of a State to be bound by a treaty shall be expressed by ratification:
a) When the treaty provides that such consent must be manifested by ratification;
(b) When otherwise noted that the negotiating states and the negotiating organisations have agreed that ratification is required;
(c) When the representative of the State has signed the treaty subject to ratification; or
d) Where the intention of the State to sign the treaty subject to ratification is detached from the full powers of its representative or has been expressed during the negotiation.
2. The consent of an international organisation to be bound by a treaty shall be expressed by a formal confirmation act;
a) When the treaty provides that such consent must be manifested by a formal confirmation act;
(b) Where otherwise stated that the negotiating or negotiating organisations or, as the case may be, the negotiating organisations have agreed that a formal confirmation act is required;
c) When the representative of the organization has signed the treaty subject to a formal confirmation act; or
(d) When the intention of the organisation to sign the treaty subject to a formal confirmation act is detached from the full powers of its representative or has been expressed during the negotiation.
3. The consent of a State or an international organization to be bound by a treaty shall be expressed by acceptance or approval under conditions similar to those governing the ratification or, as the case may be, an act of formal confirmation.
ARTICLE 15. CONSENT TO BE BOUND BY A TREATY MANIFESTED BY ACCESSION. The consent of a State or an international organization to be bound by a treaty shall be expressed by accession:
(a) Where the Treaty provides that that State or that organisation may express such consent by accession;
(b) Where otherwise stated that the Negotiating States and the negotiating organisations or, as the case may be, the negotiating organisations have agreed that that State or such organisation may express such consent by accession; or
(c) Where all Parties have subsequently agreed that that State or that organisation may express such consent by accession.
1. Unless otherwise provided by the Treaty, instruments of ratification, instruments relating to an act of formal confirmation, or instruments of acceptance, approval or accession shall state the consent of a State or of a international organisation to be bound by a treaty between one or more States and one or more national organisations at the time:
(a) Your exchange between the Contracting States and the Contracting Organizations;
b) Your deposit held by the depositary; or
(c) Your notification to the Contracting States and to the contracting organisations or to the depositary, if so agreed.
2. Unless otherwise provided in the Treaty, instruments relating to a formal confirmation act, or instruments of acceptance, approval or accession shall state the consent of an international organisation to be bound by a treaty. between international organisations at the time:
a) Your exchange between the contracting organizations;
b) Your deposit held by the depositary; or
(c) Your notification to the contracting organisations or to the depositary, if agreed.
1. Without prejudice to the provisions of Articles 19 <20, 21, 22> to 23, the the consent of a State or an international organization to be bound by a treaty shall only take effect if the treaty permits it or the Contracting States and the contracting organizations or, as the case may be, the organizations They agree to this.
2. The consent of a State or an international organisation to be bound by a treaty allowing for a choice between different provisions shall only take effect if it is clearly stated to which provisions the consent is concerned.
ARTICLE 18. OBLIGATION NOT TO FRUSTRATE THE OBJECT AND PURPOSE OF A TREATY BEFORE ITS ENTRY INTO FORCE. A State or an international organisation shall refrain from acts under which the object and purpose of a treaty are thwarted:
(a) If that State or that organization has signed the treaty or has redeemed the instruments constituting the treaty subject to ratification, an act of formal confirmation, acceptance or approval, while that State or that organization does not has indicated its intention not to become a party to the treaty; or
(b) If that State or that organisation has expressed its consent to be bound by the Treaty during the period preceding its entry into force and provided that it is not unduly late.
RESERVATIONS
ARTICLE 19. RESERVATION FORMULATION. A State or an international organization may make a reservation at the time of signing, ratifying, formally confirming, accepting or approving a treaty or acceding to it, unless:
a) That the reservation is prohibited by the treaty;
(b) The treaty provides that only certain reservations may be made, not including the reservation in question;
(c) In the cases not provided for in paragraphs (a) and (b), the reservation is incompatible with the purpose and purpose of the treaty.
ARTICLE 20. ACCEPTANCE OF RESERVATIONS AND OBJECTION TO RESERVATIONS.
1. A reservation expressly authorized by the Treaty shall not require the subsequent acceptance of the Contracting States and of the contracting organizations or, as the case may be, the contracting organizations, unless the treaty so provides.
2. Where the reduced number of negotiating states and negotiating organisations or, as the case may be, negotiating organisations and the subject matter and the end of the treaty, it is apparent that the application of the treaty in its entirety between all parties is essential condition of the consent of each of them to force him by the treaty, a reservation will require the acceptance of all the Parties.
3. Where the treaty is an instrument establishing an international organisation and unless otherwise provided, a reservation shall require the acceptance of the competent body of that organisation.
4. In cases not provided for in the preceding paragraphs and unless the treaty provides otherwise:
(a) The acceptance of a reservation by a Contracting State or by a contracting organization shall constitute the State or the international organization which has authored the reservation in part in the Treaty in relation to the State or organization which has accepted the reservation if the treaty is already in force or when it enters into force for the author of the reservation and the state or organization that has accepted the reservation;
(b) The objection made by a Contracting State or by a contracting organization to a reservation shall not prevent the entry into force of the Treaty between the State or the international organization which has made the objection and the State or the author organization of the reservation, unless the State or the organization of the objection unequivocally expresses the contrary intention;
(c) An act whereby a State or an international organisation expresses its consent to be bound by a treaty and which contains a reservation shall take effect as soon as it accepts the reservation at least one Contracting State or an organisation Contractor.
5. For the purposes of paragraphs 2 and 4, and unless otherwise provided for in the Treaty, a reservation shall be deemed to have been accepted by a State or an international organisation when the State or the international organisation has not formulated any an objection to the reservation within 12 months of the date on which it received the notification of the reservation or on the date on which it expressed its consent to be bound by the treaty, if the latter is later.
ARTICLE 21. LEGAL EFFECTS OF RESERVATIONS AND OBJECTIONS TO RESERVATIONS.
1. A reservation that is effective against another party in the treaty in accordance with 19, 20 , and 23:
(a) It shall modify with respect to the State or the international organization the author of the reservation in its relations with that other Party the provisions of the treaty to which the reservation relates in that determined by it; and
(b) It shall, to the same extent, modify those provisions as regards that other Party to the Treaty in its relations with the State or with the international organisation which has authored the reservation.
2. The reserve shall not amend the provisions of the Treaty in respect of the other Parties to the Treaty in their relations.
3. Where a State or an international organisation which has made an objection to a reservation does not object to the entry into force of the Treaty between it and the State or the organisation which has authored the reservation, the provisions to which it relates are not apply between the author of the reservation and the State or organisation which has raised the objection to the extent determined by the reservation.
ARTICLE 22. WITHDRAWAL OF RESERVATIONS AND OBJECTIONS TO RESERVATIONS.
1. Unless otherwise provided by the Treaty, a reservation may be withdrawn at any time and the consent of the State or the international organisation which has accepted it shall not be required for withdrawal.
2. Unless otherwise provided by the Treaty, an objection to a reservation may be withdrawn at any time.
3. Unless the treaty has or has been agreed otherwise:
(a) The withdrawal of a reservation shall only take effect in respect of a Contracting State or a Contracting Party when that State or that organisation has received the notification;
b) The withdrawal of an objection to a reservation will only take effect when its notification has been received by the State or the international organization that authored the reservation.
ARTICLE 23. RESERVATION PROCEDURE.
1. The reservation, the express acceptance of a reservation and the objection to a reservation shall be made in writing and communicated to the Contracting States and to the contracting organizations and to the other States and international organizations empowered to become Parties to the Treaty.
2. The reservation to be made at the time of signature of a treaty to be ratified, act of formal confirmation, acceptance or approval shall be formally confirmed by the State or by the organization of the reservation to the express their consent to be bound by the treaty. In such a case, the reservation shall be deemed to have been made on the date of its confirmation.
3. The express acceptance of a reservation or the objection made to a reservation, prior to the confirmation of the reservation, will not have to be confirmed.
4. The withdrawal of a reservation or an objection to a reservation shall be made in writing.
ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF THE TREATIES
1. A treaty shall enter into force in the manner and at the date specified or agreed by the negotiating states and the negotiating organizations or, as the case may be, the negotiating organizations.
2. In the absence of such a provision or agreement, the treaty will enter into force as soon as there is evidence of the consent of all the negotiating states and all the negotiating organizations or, as the case may be, all the negotiating organizations in be bound by the treaty.
3. Where the consent of a State or an international organisation to be bound by a treaty is entered on a date after the entry into force of that Treaty, it shall enter into force in respect of that State or organisation in that that date, unless the treaty provides otherwise.
4. The provisions of a treaty that regulate the authentication of its text, the constancy of consent to be bound by the treaty, the manner or date of its entry into force, the reservations, the functions of the depositary and other issues that are They will necessarily be applied before the entry into force of the Treaty from the time of adoption of the Treaty.
ARTICLE 25. PROVISIONAL APPLICATION.
1. A treaty or part of it shall be applied provisionally before its entry into force:
a) If the treaty itself so provides; or
(b) If the negotiating states and the negotiating organisations or, as the case may be, the negotiating organisations have agreed otherwise.
2. The provisional application of a treaty or a part of it in respect of a State or an international organisation shall terminate if that State or such organisation notifies the States and the organisations in respect of which the Treaty applies. (a) it is provisionally intended not to become a party to it unless the treaty provides for it or the negotiating states and the negotiating organisations or, as the case may be, the negotiating organisations have agreed otherwise.
COMPLIANCE, APPLICATION AND INTERPRETATION OF TREATIES
COMPLIANCE WITH TREATIES
ARTICLE 26. PACTA SUNT SERVANDA. Every treaty in force obliges the Parties and must be fulfilled by them in good faith.
1. A State Party to a Treaty may not invoke the provisions of its domestic law as a justification for non-compliance with the Treaty.
2. An international organisation Party to a treaty may not invoke the rules of the organisation as a justification for non-compliance with the treaty.
3. The rules set out in the preceding paragraphs shall be without prejudice to the provisions of Article 46.
APPLICATION OF TREATIES
ARTICLE 28. IRRETROACTIVITY OF THE TREATIES. The provisions of a treaty shall not oblige a party to any act or event which has taken place before the date of entry into force of the Treaty for that party or any situation which in that date has ceased to exist, unless a different intention is removed from the treaty or otherwise stated.
ARTICLE 29. TERRITORIAL SCOPE OF THE TREATIES. A treaty between one or more States and one or more international organizations shall be binding for each of the States Parties in respect of the whole of its territory, except that an intention different from it or otherwise it is otherwise.
ARTICLE 30. APPLICATION OF SUCCESSIVE TREATIES CONCERNING THE SAME SUBJECT MATTER.
1. The rights and obligations of States and international organisations Parties to successive treaties concerning the same subject matter shall be determined in accordance with the following paragraphs:
2. Where a treaty specifies that it is subordinate to a previous or subsequent treaty or that it should not be considered incompatible with that other treaty, the provisions of the latter shall prevail.
3. Where all Parties to the previous treaty are also Parties to the subsequent treaty but the previous treaty is not terminated or its application suspended pursuant to Article 59, the previous treaty shall be apply only to the extent that its provisions are compatible with those of the subsequent treaty.
4. Where the Parties to the previous treaty are not all Parties to the subsequent treaty:
(a) In the relations between two Parties, which are in both treaties, the rule set forth in paragraph 3 shall apply;
(b) In the relations between a Party in both treaties and a Party in a treaty only, the reciprocal rights and obligations shall be governed by the treaty in which the two are Parties.
5. Paragraph 4 shall apply without prejudice to Article 41 and shall not prejudice any question of termination or suspension of the application of a treaty in accordance with Article 60 or any matter of the liability of a State or an international organisation for the conclusion or application of a treaty whose provisions are incompatible with the obligations entered into in respect of a State or an organisation under of another treaty.
6. The preceding paragraphs shall be without prejudice to the fact that, in the event of a conflict between the obligations under the Charter of the United Nations and the obligations under a treaty, obligations shall prevail. imposed by the Charter.
INTERPRETATION OF TREATIES
ARTICLE 31. GENERAL RULE OF INTERPRETATION.
1. A treaty must be interpreted in good faith in accordance with the current sense of being attributed to the terms of the treaty in the context of the treaty and taking into account its object and purpose.
2. For the purposes of the interpretation of a treaty, the context shall include, in addition to the text, including its preamble and annexes:
(a) Any agreement that refers to the treaty and has been concluded between all Parties on the occasion of the conclusion of the treaty;
(b) Any instrument formulated by one or more Parties on the occasion of the conclusion of the treaty and accepted by the others as an instrument concerning the treaty.
3. In conjunction with the context, it must be taken into account:
(a) Any subsequent agreement between the Parties on the interpretation of the Treaty or the application of its provisions;
(b) Any subsequent practice followed in the application of the treaty for which the agreement of the Parties is established on the interpretation of the treaty;
c) Any relevant standard of international law applicable in relations between the Parties.
4. A special purpose shall be given to a term if it is established that the intention of the Parties is such.
ARTICLE 32. ADDITIONAL MEANS OF INTERPRETATION. It may be provided for additional means of interpretation, in particular to the preparatory work of the Treaty and the circumstances of its conclusion, in order to confirm the resulting sense of the application of Article 31, or to determine the meaning when the interpretation given in accordance with Article 31:
a) Ambiguous or obscure the sense; or
b) Conduce a manifestly absurd or unreasonable result.
ARTICLE 33. INTERPRETING AUTHENTICATED TREATIES IN TWO OR MORE LANGUAGES.
1. Where a treaty has been authenticated in two or more languages, the text shall also act in each language, unless the treaty provides or the Parties agree that in the event of a discrepancy one of the texts shall prevail.
2. A version of the treaty in a language other than that in which the text has been authenticated shall be considered as authentic text only if the treaty so provides or the Parties so agree.
3. It will be assumed that the terms of the treaty have in each authentic text the same meaning.
4. Except in the case where a given text prevails as provided for in paragraph 1, where the comparison of the authentic texts reveals a difference of meaning which cannot be resolved by the application of the href="ley_0406_1997.html#31"> 31 and 32, the sense that best reconciles those texts, given the object and end of the treaty, will be adopted.
TREATIES AND THIRD STATES OR THIRD ORGANIZATIONS
ARTICLE 34. GENERAL RULE CONCERNING THIRD STATES AND THIRD PARTIES. A treaty does not create obligations or rights for a third State or third organization without the consent of that State or organization.
ARTICLE 35. TREATIES PROVIDING FOR OBLIGATIONS FOR THIRD STATES OR THIRD PARTIES. A provision of a treaty shall give rise to an obligation for a third State or a third organisation if the Parties to the Treaty intend to such a provision is the means of creating the obligation and whether the third State or the third organisation expressly accepts in writing that obligation. The acceptance of such an obligation by the third organization shall be governed by the rules of that organization.
ARTICLE 36. TREATIES PROVIDING FOR RIGHTS FOR THIRD STATES OR THIRD PARTIES.
1. A provision of a treaty shall give rise to a right for a third State if, with it, the parties to the treaty intend to confer that right to the third State or a group of States to which it belongs, or to all States, and if the third State to do so. Their assent shall be presumed as long as there is no indication to the contrary, unless otherwise provided.
2. A provision of a treaty shall give rise to a right for a third party if the parties to the treaty are intended to confer that right to the third organisation or to a group of international organisations to which the Treaty (a) the organization of the organization of the organization of the organization of the organization of the organization, or the organization of the organization.
3. A State or an international organisation exercising a right under paragraph 1 or 2 shall comply with the conditions laid down in the Treaty for its financial year or established in accordance with the Treaty.
ARTICLE 37. REVOCATION OR AMENDMENT OF OBLIGATIONS OR RIGHTS OF THIRD STATES OR THIRD PARTIES.
1. Where an obligation for a third State or a third organisation has arisen in accordance with Article 35 , such an obligation may not be revoked or amended but with the consent of the Parties to the the treaty and the third State or the third organisation, unless it is established that they have agreed otherwise.
2. Where a right for a third State or a third organisation has been established in accordance with Article 36 , such a right may not be revoked or amended by the Parties if it is established that
it was intended that the right would not be revocable, nor modifiable without the consent of the third State or the third organization.
3. The consent of an international organization Party to the treaty or a third organization, provided for in the preceding paragraphs, shall be governed by the rules of that organization.
ARTICLE 38. RULES OF A TREATY THAT BECOME MANDATORY FOR THIRD STATES OR THIRD PARTIES UNDER AN INTERNATIONAL CUSTOM. The provisions of Articles 34 <35, 36> to 37 will not prevent a rule set forth in a treaty from becoming mandatory for a third State or third organization as a customary rule of law international recognized as such.
AMENDMENT AND AMENDMENT OF TREATIES
ARTICLE 39. GENERAL RULE CONCERNING THE AMENDMENT OF THE TREATIES.
1. A treaty may be amended by agreement between the Parties. The rules set out in Part II shall apply to such an agreement, except in so far as the Treaty provides otherwise.
2. The consent of an international organization to an agreement of the kind referred to in paragraph 1 shall be governed by the rules of that organization.
