Whereby The Vienna Convention Was Adopted On The Law Of Treaties Between States And International Organizations Or Between International Organizations, Made In Vienna On March 21, 1986

Original Language Title: Por la cual se aprueba la Convención de Viena sobre el Derecho de los Tratados entre Estados y Organizaciones Internacionales o entre Organizaciones Internacionales, hecha en Viena el 21 de marzo de 1986

Read the untranslated law here: http://www.secretariasenado.gov.co/senado/basedoc/arbol/../ley_0406_1997.html

ACT 406 OF 1997
(October 24)
Official Gazette No. 43161 of October 29, 1997
Through which the "Vienna Convention on the Law approving international treaties or between international organizations "made in Vienna on 21 March 1986. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
having regard to the text of the "Vienna Convention on the law of international treaties or between international organizations" made in Vienna on 21 March 1986.
(to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs attached).
"Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations.
The Parties to this Convention
Considering the fundamental role of treaties in the history of international relations,
Recognizing the consensual nature of treaties and their growing as a source of international law importance
Noting that the principles of free consent and of good faith and pacta sunt servanda are universally recognized,
affirming the importance of intensifying the process of codification and progressive development of international law universally,
Convinced that the codification and progressive development of the rules relating to treaties between states and international organizations or between international organizations are means to strengthen the legal order in international relations and to serve the purposes of the United Nations,
Bearing in mind the principles of international law embodied in the United Nations Charter, such as the principles of equal rights and self-determination of peoples, of the sovereign equality and independence of all states, 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 fundamental freedoms for all and the effectiveness of such rights and freedoms,
Bearing in mind the provisions of the Vienna Convention on the law of Treaties of 1969
Recognizing the relationship between the right to treaties between States and the law of treaties between States and international organizations or between international organizations,
Considering the importance of treaties between States and international organizations or between international organizations as a useful means of developing international relations and organizations secure conditions for peaceful cooperation among nations, whatever their constitutional and social systems,
Bearing in mind the particular characteristics of the treaties to which international organizations are parties as subjects of international law of States, Noting that
international organizations possess the capacity to conclude treaties which is necessary for the exercise of their functions and ealización of its purposes,
Recognizing that the practice of international organizations with regard to the conclusion of treaties with States or between them it should be in accordance with their constitutional instruments,
Affirming that nothing provisions of this Convention shall be interpreted as affecting the relations between an international organization and its members, which are governed by the rules of that organization, || | Affirming also that disputes concerning treaties, like other international disputes, should be settled in accordance with the United Nations Charter, by peaceful means and according to the principles of justice and international law,
affirming also that the rules of customary international law continue to govern questions not regulated by the provisions of this Convention,
have agreed as follows: PART I.


INTRODUCTION ARTICLE 1o. SCOPE OF THIS CONVENTION. This Convention applies:
a) treaties between one or more States and one or more international organizations, and
b) treaties between international organizations.
Article 2.
. TERMS USED.
1. For the purposes of this Convention:
a) A "treaty" means an international agreement governed by international law and concluded in written form:
i) Between one or more States and one or more international organizations; or
ii) between international organizations,

Whether that agreement on a single instrument or in two or more related instruments and whatever its particular designation;
B) "ratification" the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty;
B) Bis means "act of formal confirmation" means an international act corresponding to that of ratification by a State, whereby an international organization establishes on the international plane its consent to be bound by a treaty;
B) Ter is meant by "acceptance", "approval" and "accession", as appropriate, the international act so named whereby a State or an international organization establishes on the international plane its consent to be bound by a treaty;
C) It is understood by "full powers" means a document emanating from the competent authority of a State or the competent organ of an international organization and by designating one or more persons to represent the State or organization negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State or organization to be bound by a treaty, or for accomplishing any other act with respect to a treaty;
D) "reservation" means a unilateral statement, however phrased or named, made by a State or an international organization when signing, ratifying, formally confirming, accepting or approving a treaty or acceding to in order to exclude or modify the legal effect of certain provisions of the treaty in their application to that State or that organization;
E) The term "negotiating State" and "negotiating organization" mean respectively:
i) A State or
ii) An international organization,
who has participated in the development and adoption the text of the treaty;
F) The term "Contracting State" and "contracting organization" mean respectively:
i) A State or
ii) An international organization,
treaty;
G) The term "Party" means a State or an international organization that has consented to be bound by the treaty and for whom or which the treaty is in force;
H) "third State" and "third organization" mean respectively:
i) A State or
ii) An international organization,
That is not a party to the treaty;
I) The term "international organization" means an intergovernmental organization;
J) "rules of the organization" in particular, the constituent instruments of the organization, its decisions and resolutions adopted in accordance with them, and established practice.
2. The provisions of paragraph 1 of the terms used in this Convention shall be without prejudice to the use of those terms or meanings which may be given to them in the internal law of any State or in the rules of an international organization.

ARTICLE 3o. INTERNATIONAL AGREEMENTS NOT WITHIN THE SCOPE OF THIS CONVENTION. The fact that this Convention shall not apply:
i) Neither the international agreements as may be one or more States Parties, one or more international organizations and one or more subjects of international law other than States or organizations ;
Ii) Neither the international agreements as may be parties one or more international organizations and one or more subjects of international law other than States or organizations;
Iii) or to international agreements not in writing between one or more States and one or more international organizations or between international organizations;
Iv) Not to international agreements between subjects of international law other than States or international organizations;
Shall not affect:
a) the legal force of such agreements;
B) the application to them of any of the rules set forth in the present Convention to which they would be subject under international law independently of the Convention;
C) the application of the Convention to relations between States and international organizations or organizations relations among themselves, when those relations are governed by international agreements to which so WHATSOEVER other subjects of international law same parts.

ARTICLE 4.
. Non-retroactivity HEREIN. Without prejudice to the application of any rules set forth in the present Convention to which treaties between one or more States and one or more international organizations or between international organizations organizations would be subject under international law independently of the Convention, this only applies to such agreements to be concluded after the entry into force of this Convention with respect to those States and those organizations.

The 5th ARTICLE. TREATIES ESTABLISHING international organizations and treaties adopted within an international organization. This Convention applies to any treaty between one or more States and one or more international organizations which is the constituent instrument of an international organization and to any treaty adopted within an international organization without prejudice to any relevant rules of the organization.
PART II.
CONCLUSION AND ENTRY INTO FORCE OF TREATIES SECTION I.


conclusion of treaties ARTICLE 6.
. Capacity of international organizations to conclude treaties. The capacity of an international organization to conclude treaties is governed by the rules of that organization.

Article 7. FULL POWERS.
1. For adopting or authenticating the text of a treaty or expressing the consent of the State to be bound by a treaty it is considered a person representing a State:
a) If appropriate full powers; or
b) If it appears from practice or other circumstances that the intention of States and international organizations concerned was to consider that person as representing the State for such purposes without having full powers.
2. Under their functions and without having to produce full powers, are considered as representing their State:
a) Heads of State, Heads of Government and Foreign Ministers, for implementing all actions relating to the conclusion of a treaty between one or more States and one or more international organizations;
B) accredited by States to an international conference for the adoption of the text of a treaty between States and international organizations;
C) Representatives accredited by States to an international organization or one of its organs, for the adoption of the text of a treaty in that organization or organ;
D) Heads of permanent missions to an international organization for the adoption of the text of a treaty between the accrediting States and that organization.
3. Adopting or authenticating the text of a treaty or expressing the consent of an organization to be bound by a treaty shall be considered a person representing an international organization:
a) If appropriate full powers; or
b) If it appears from the circumstances that the intention of States and international organizations concerned has to consider that person as representing the organization for such purposes, in accordance with the rules of the organization and without full powers.
ARTICLE 8.
. FURTHER CONFIRMATION OF AN ACT performed without authorization. An act relating to the conclusion of a treaty performed by a person who, pursuant to article 7, can not be considered authorized to represent this purpose a State or an international organization, no legal effect unless afterwards confirmed by that State or that organization.

Article 9. Adoption of the text.
1. The adoption of the text of a treaty takes place by consent of all States and all international organizations or, as appropriate, of all organizations participating in its drawing up except as provided in paragraph 2nd.
2. The adoption of the text of a treaty at an international conference takes place in accordance with the procedure agreed upon by the participants in that conference. If, however, no agreement on such a procedure is achieved, the adoption of the text will be made by a majority of two thirds of the participants present and voting, unless those participants decide by the same majority to apply a different rule.

Article 10. AUTHENTICATION OF THE TEXT.
1. The text of a treaty between one or more States and one or more international organizations is established as authentic and definitive:
a) By the procedure prescribed in the text or agreed upon by the States and organizations that have participated in its elaboration ; or

B) Failing such procedure, by the signature, signature ad referendum or initialling by the representatives of those States and those organizations in the treaty text or in the final act of the conference that figure the text.
2. The text of a treaty between international organizations shall be established as authentic and definitive:
a) By the procedure provided for in the text or agreed upon organizations that have participated in its elaboration; or
b) Failing such procedure, by the signature, signature ad referendum or initialling by the representatives of these organizations in the treaty text or in the final act of the conference at which the text.

ARTICLE 11. FORMS OF consent to be bound by a treaty.
1. The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.
2. The consent of an international organization to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, act of formal confirmation, acceptance, approval or accession, or by any other means if so agreed . Effective Jurisprudence


ARTICLE 12. CONSENT TO BE BOUND BY A TREATY expressed by signature.
1. The consent of a State or an international organization to be bound by a treaty is expressed by the signature of its representative:
a) the treaty provides that signature shall have that effect;
B) it is otherwise established that the negotiating States and negotiating organizations or, as appropriate, the negotiating organizations were agreed that signature should have that effect; or
c) the intention of the State or organization to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation.
2. For the purposes of paragraph 1:
a) The initialling of a text constitutes a signature of the treaty when it is established that the negotiating States and negotiating organizations or, as appropriate, the negotiating organizations so agreed;
B) The signature ad referendum of a treaty by the representative of a State or an international organization, constitutes a full signature of the treaty if that State or organization confirms it. Effective Jurisprudence


ARTICLE 13. CONSENT TO BE BOUND BY A TREATY EXPRESSED THROUGH 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 is expressed by that exchange:
a) the instruments provide that their exchange shall have that effect;
or b) it is otherwise established that those States and those organizations or, as appropriate, those organizations were agreed that the exchange of instruments should have that effect. Effective Jurisprudence


Article 14. CONSENT TO BE BOUND BY A treaty expressed by ratification, act FORMAL CONFIRMATION, acceptance or approval.
1. The consent of a State to be bound by a treaty is expressed by ratification:
a) When the treaty provides for such consent to be expressed by ratification;
B) it is otherwise established that the negotiating States and negotiating organizations were agreed that ratification should be required;
C) the representative of the State has signed the treaty subject to ratification; or
d) the intention of the State to sign the treaty subject to ratification appears from the full powers of its representative or was expressed during the negotiation.
2. The consent of an international organization to be bound by a treaty is expressed by an act of formal confirmation;
A) When the treaty provides for such consent to be expressed by an act of formal confirmation;
B) it is otherwise established that the negotiating States and negotiating organizations or, as appropriate, the negotiating organizations were agreed that an act of formal confirmation should be required;
C) When the representative of the organization has signed the treaty subject to an act of formal confirmation; or
d) the intention of the organization to sign the treaty subject to an act of formal confirmation appears from the full powers of its representative or was expressed during the negotiation.

3. The consent of a State or an international organization to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification or, as appropriate, to an act of formal confirmation conditions. Effective Jurisprudence




ARTICLE 15. CONSENT TO BE BOUND BY A TREATY expressed by accession. The consent of a State or an international organization to be bound by a treaty is expressed by accession:
a) the treaty provides that State or organization can express such consent by accession;
B) it is otherwise established that the negotiating States and negotiating organizations or, as appropriate, the negotiating organizations were agreed that such State or organization can express such consent by accession; or
c) When all the parties have subsequently agreed that such State or organization can express such consent by accession. Effective Jurisprudence




Article 16. Exchange or deposit INSTRUMENT OF RATIFICATION, FORMAL CONFIRMATION, acceptance, approval or accession.
1. Unless the treaty otherwise provides, instruments of ratification, instruments relating to an act of formal confirmation or instruments of acceptance, approval or accession establish the consent of a State or an international organization to be bound by a treaty between one or more States and one or more nternational organizations upon:
a) their exchange between the contracting States and contracting organizations;
B) Their deposit with the depositary; or
c) their notification to the contracting States and contracting organizations or to the depositary, if so agreed.
2. Unless the treaty otherwise provides, instruments relating to an act of formal confirmation or instruments of acceptance, approval or accession establish the consent of an international organization to be bound by a treaty between international organizations upon:
to ) Their exchange between the contracting organizations;
B) Their deposit with the depositary; or
c) their notification to the contracting organizations or to the depositary, if so agreed. Effective Jurisprudence




Article 17. Consent to be bound PART OF A TREATY AND choice between differing provisions.
1. Notwithstanding the provisions of Articles 19 to 23, the consent of a State or an international organization to be bound by part of a treaty is effective only if the treaty so permits or the contracting States and contracting organizations or, as the case, the contracting organizations so agree.
2. The consent of a State or an international organization to be bound by a treaty which permits a choice between differing provisions is effective only if clearly specify the provisions the consent relates. Effective Jurisprudence




Article 18. Obligation not to defeat the object and purpose of a treaty before its entry into force. A State or an international organization shall refrain from acts of which the object and purpose of a treaty is frustrated:
a) If the State or that organization has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, act of formal confirmation, acceptance or approval, until that State or that organization has not indicated its intention not to become party to the treaty; or
b) that State or that organization has expressed its consent to be bound by the treaty during the period preceding its entry into force, provided that it is not unduly delayed.
SECTION II. RESERVATIONS


Article 19. Formulation of reservations. A State or an international organization may make a reservation when signing, ratifying, formally confirming, accepting or approving a treaty or acceding to it, unless:
a) The reservation is prohibited by the treaty;
B) the treaty provides that only specified reservations, which do not include the reservation in question; or
c) that, in cases not provided for in paragraphs a) and b), the reservation is incompatible with the object and purpose of the treaty.

ARTICLE 20. ACCEPTANCE OF RESERVES AND objection to reservations.
1. A reservation expressly authorized by the treaty does not require subsequent acceptance by the contracting States and contracting organizations or, as the case may be, the contracting organizations unless the treaty so provides.

2. When the reduced negotiating States and negotiating organizations or, as the case may be, the negotiating organizations and the object and purpose of the treaty that the application of the treaty in its entirety between all parties is an essential condition of consent number of each of them in force by the treaty, a reservation requires acceptance by all Parties.
3. When a treaty is a constituent instrument of an international organization and unless it otherwise provides, a reservation requires the acceptance of the competent organ of that organization.
4. In cases not provided for in the preceding paragraphs and unless the treaty otherwise provides:
a) Acceptance of a reservation by a contracting State or a contracting organization constitute the State or international organization of their booking in part in the treaty regarding the State or organization you have accepted the reservation if the treaty is already in force or enters into force for the author of the reservation and the State or organization has accepted the reservation;
B) The objection made by a Contracting State or a contracting organization to a reservation does not preclude the entry into force of the treaty between the State or international organization that has made the objection and the State or the reserving organization unless the State or organization author of the objection unequivocally expresses a contrary intention;
C) An act by which a State or an international organization expresses its consent to be bound by a treaty and containing a reservation is effective as soon accepted the reservation at least one contracting State or a contracting organization.
5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise be deemed a reservation has been accepted by a State or an international organization when the State or international organization has no objection to the reservation within of the date of receipt of the notification of the reservation or the date on which it expressed its consent to be bound by the treaty twelve months, whichever is later.

ARTICLE 21. LEGAL EFFECTS OF RESERVATIONS AND OF OBJECTIONS TO RESERVATIONS.
1. A reservation established with regard to another party to the treaty in accordance with Articles 19, 20 and 23:
a) modifies for the State or international organization of their booking in its relations with that other party the provisions of the treaty to which the reservation determined by it relates; and
b) amend, to the same extent those provisions with respect to that other party to the treaty in its relations with the State or international organization of booking.
2. The reservation does not modify the treaty provisions with regard to the other parties to the treaty inter se.
3. When a State or an international organization that has made an objection to a reservation has not opposed the entry into force of the treaty between itself and the State or the author reserve organization, the provisions to which it refers shall not apply between the author of the reservation and the State or organization which has made the objection to the extent of the reservation.

ARTICLE 22. WITHDRAWAL OF RESERVATIONS AND OF OBJECTIONS TO RESERVATIONS.
1. Unless the treaty otherwise provides, a reservation may be withdrawn at any time and is not required for its withdrawal the consent of the State or international organization which has accepted.
2. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time.
3. Unless the treaty provides or it is otherwise agreed:
a) The withdrawal of a reservation takes effect only in respect of a Contracting State or a contracting organization when that State or that organization has received the notification;
B) The withdrawal of an objection to a reservation becomes operative only when notice of it has been received by the State or international organization which formulated the reservation.

ARTICLE 23. PROCEDURE FOR RESERVATIONS.
1. The reservation, an express acceptance of a reservation and an objection to a reservation must be formulated in writing and communicated to the contracting States and contracting organizations and other States and international organizations entitled to become parties to the treaty.

2. The reserve is formulated when signing a treaty that shall be subject to ratification, act of formal confirmation, acceptance or approval must be formally confirmed by the State or by the author reserve organization when expressing its consent to be bound by the treaty. In such case it is considered that the reservation has been made on the date of confirmation.
3. Express acceptance of a reservation or objection to a reservation, prior to confirmation of it, not have to be further confirmed.
4. The withdrawal of a reservation or of an objection to a reservation must be made in writing.
SECTION III.
ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES

ARTICLE 24. ENTRY INTO FORCE.
1. A treaty enters into force in the manner and on the date as it may provide or as the negotiating States and negotiating organizations or, as the case may be, the negotiating organizations.
2. In the absence of such provision or agreement, a treaty enters into force as soon as there is evidence of the consent of all negotiating States and all negotiating organizations or, as appropriate, all the negotiating organizations to be bound by the treaty.
3. When the consent of a State or an international organization to be bound by a treaty is stated on a date after the entry into force of that treaty it will enter into force with respect to that State or that organization on that date, unless the treaty otherwise.
4. The provisions of a treaty regulating the authentication of its text, the establishment of consent to be bound by the treaty, the manner or date of its entry into force, reservations, the functions of the depositary and other matters arising necessarily before the entry into force of the treaty apply from the time of the adoption of its text.
ARTICLE 25.
provisional application.
1. A treaty or a part of it is applied provisionally pending its entry into force:
a) If the treaty itself so provides; or
b) the negotiating States and negotiating or, as appropriate, organizations negotiating organizations have in some other way.
2. The provisional application of a treaty or a part of it for a State or an international organization terminated if that State or that organization notifies States and organizations for which the treaty is applied provisionally of its intention not to be party to it, unless the treaty provides or the negotiating States and negotiating organizations or, as appropriate, the negotiating organizations have otherwise agreed thereon. Effective Jurisprudence



PART III.
OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES SECTION I.


OBSERVANCE OF TREATIES ARTICLE 26.
pacta sunt servanda. Every treaty in force is binding upon the parties and must be performed by them in good faith.

ARTICLE 27. THE INTERNAL LAW OF THE STATES, THE RULES OF INTERNATIONAL ORGANIZATIONS AND OBSERVANCE OF TREATIES.
1. A State party to a treaty may not invoke the provisions of its internal law as justification for failure of the treaty. Effective Jurisprudence




2. An international organization party to a treaty may not invoke the rules of the organization as justification for failure of the treaty.
3. The rules set forth in the preceding paragraphs are without prejudice to the provisions of Article 46. SECTION II
.

Treaty implementation ARTICLE 28.
retroactivity of treaties. The provisions of a treaty does not bind a party in relation to any act or fact which took place prior to the date of entry into force of the treaty for that part or any situation which at that time has ceased to exist, unless a different intention appears from the treaty or otherwise.

ARTICLE 29. TERRITORIAL SCOPE OF TREATIES. A treaty between one or more States and one or more international organizations is binding upon each one of the States Parties with respect to its entire territory, unless a different intention appears from him or otherwise established.

Article 30. Application of successive treaties RELATING TO THE SAME MATTER.
1. The rights and obligations of States and international organizations parties concerning the same subject successive treaties be determined in accordance with the following paragraphs:

2. When a treaty specifies that it is subject to an earlier or later treaty or should not be considered incompatible with that other treaty shall prevail the provisions of the latter.
3. When all the parties to the earlier treaty are also parties to the later treaty but the earlier treaty is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with the treaty later.
4. When the Parties to the earlier treaty are not all parties to the later treaty:
a) In relations between two Parties, which are in both treaties, the rule stated in paragraph 3 rule applies;
B) In relations between a Party to both treaties and a party to a treaty only, the reciprocal rights and obligations are governed by the treaty to which both are Parties.
5. Paragraph 4 is without prejudice to the provisions of Article 41 and not prejudge any question of termination or suspension of the operation of a treaty under article 60 or any question of liability incurred by a State or an international organization for the conclusion or application of a treaty whose provisions are inconsistent with its obligations with respect to a State or an organization under another treaty.
6. The foregoing paragraphs are without prejudice that in case of conflict between the obligations under the United Nations Charter and their obligations under a treaty prevail obligations under the Charter.
SECTION III.

INTERPRETATION OF TREATIES
Article 31. General rule of interpretation.
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and considering its object and purpose.
2. For the purposes of the interpretation of a treaty, context include, in addition to the text, including its preamble and annexes:
a) Any agreement relating to the treaty which was made between all parties on the occasion of the celebration of treaty;
B) Any instrument made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.
3. Together with the context, shall be taken into account:
a) Any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions;
B) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding the interpretation of the treaty;
C) any relevant rules of international law applicable in relations between the Parties.
4. It is given to a term a special meaning if it is established that such was the intention of the Parties.

Article 32. SUPPLEMENTARY MEANS OF INTERPRETATION. Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, to confirm the meaning resulting from the application of Article 31, or to determine the meaning when the interpretation according to Article 31:
a) leaves the meaning ambiguous or obscure; or
b) leads to a manifestly absurd or unreasonable result.

Article 33. Interpretation of treaties authenticated in two or more languages.
1. When a treaty has been authenticated in two or more languages, the text is equally authoritative in each language, unless the treaty provides or the parties agree that prevail in case of discrepancy of the texts.
2. A version of the treaty in a language other than that in which it has been authenticated the text will be considered an authentic text only if the treaty so provides or the parties so agree.
3. It shall be presumed that the terms of the treaty in each authentic text have the same meaning.
4. Except where a particular text prevails in accordance with the provisions of paragraph 1, when the comparison of the authentic texts discloses a difference of meaning that can not be solved with the application of Articles 31 and 32, the effect will be adopted best reconciles the texts, having regard to the object and purpose of the treaty.
SECTION IV.
TREATIES AND THIRD STATES OR THIRD ORGANIZATIONS
ARTICLE 34. GENERAL
rule regarding third States and third organizations. A treaty does not create either obligations or rights for a third State or a third without the consent of that State or that organization organization.


ARTICLE 35. Treaties for PREVEN obligations for third States or third organizations. A provision of a treaty will give rise to an obligation for a third State or a third organization if the parties to the treaty intend that provision to be the means of establishing the obligation and the third State or the third organization expressly accepts written that obligation. The acceptance of such an obligation by the third organization governed by the rules of that organization.

ARTICLE 36. Treaties for PREVEN RIGHTS FOR THIRD STATES OR THIRD ORGANIZATIONS.
1. A provision of a treaty will give rise to a right for a third State if with it the parties to the treaty intend that right either to the third State or group of States to which it belongs, or to all States, and if the third State assents thereto. Its assent shall be presumed so long as there is no indication to the contrary, unless l treaty otherwise.
2. A provision of a treaty will give rise to a right for a third organization if with it the parties to the treaty intend that right either to the third organization or a group of international organizations to which it belongs, or to all organizations and if the third organization assents thereto, assent shall be governed by the rules of the organization.
3. A State or an international organization exercising a right in accordance with paragraph 1 or 2 shall comply with the conditions for its exercise provided for in the treaty or established thereunder.

ARTICLE 37. REVOCATION OR MODIFICATION OF OBLIGATIONS OR RIGHTS OF THIRD STATES OR THIRD ORGANIZATIONS.
1. When in accordance with Article 35 is an obligation has arisen for a third State or a third organization, no such obligation may be revoked or modified only with the consent of the parties to the treaty and the third State or third organization, unless it is established that they had otherwise agreed about it.
2. When under article 36 a right has arisen for a third State or a third organization, the right may not be revoked or modified by the parties if it is established that
intended that the law was not revoked was taken, or modification without the consent of the third State or the third organization.
3. The consent of an international organization party to the treaty or of a third organization, as provided in the preceding paragraphs, shall be governed by the rules of that organization.

ARTICLE 38. RULES OF A TREATY TO BE REQUIRED TO BE ON THIRD STATES OR THIRD ORGANIZATIONS UNDER AN INTERNATIONAL USUAL. The provisions of Articles 34 to 37 precludes a rule set forth in a treaty from becoming binding upon a third State or a third organization as a customary rule of international law, recognized as such.
PART IV.
AMENDMENT AND MODIFICATION OF THE TREATY

Article 39. GENERAL RULE REGARDING THE AMENDMENT OF TREATIES.
1. A treaty may be amended by agreement between the Parties. the rules set forth in Part II, except to the extent that the treaty otherwise apply to such an agreement.
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.
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