Vienna Convention On Succession Of States In Respect Of Treaties

Original Language Title: Vídeňská úmluva o sukcesi států ve vztahu ke smlouvám

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
292/1999 Coll.



Ministry of Foreign Affairs



The COMMUNICATION FROM the



Ministry of Foreign Affairs says that the 23 July. August 1978 was in

Vienna adopted the Vienna Convention on succession of States in respect of treaties.



On behalf of the Czechoslovak Socialist Republic, the Convention was signed in

New York, 30 July 2004. August 1979.



On 22 November. February 1993 Czech Republic announced to the Secretary-General

The United Nations, the depositary of the Convention, as the successor

the State of the Czech and Slovak Federal Republic with effect from 1 January. January

1993 considered a signatory State of the Vienna Convention on succession of States in

respect of treaties of 23 May. August 1978.



With the Convention gave its assent, Parliament of the Czech Republic, the President of the

the Republic has ratified the Convention. The ratification instrument was deposited with the

depositary of the Convention on 26 April. July 1999.



When ratifying the Convention was made the following statement:



"Czech Republic declares, in accordance with article 7 (2). 2 and 3, of the Vienna Convention

on succession of States in respect of treaties, concluded on 23 December 2005. August 1978 in

Vienna, the provisions of the Convention on their own, to which the succession of

occurred prior to the entry into force of the Convention in respect of signatory States,

Contracting States or contracting parties that this Declaration be adopted.



At the same time Czech Republic declares that it accepts the Declaration, which, when

ratification of the Convention has carried out pursuant to article 7 (2). 2 and 3 of the Convention by the Slovak

Republic. "



Convention entered into force, pursuant to article 49 paragraph. 1 day 6.

November 1996. For the Czech Republic entered into force in accordance with

paragraph 2 of the same article on 25 April. August 1999.



Czech translation of the Convention shall be published at the same time.



The Vienna Convention



on succession of States in respect of treaties



(August 23, 1978)



States that are parties to this Convention,



considering that the process of decolonization brought about a profound transformation

the international community,



Recalling also that, in the future, other factors can lead to

cases of succession of States,



in the circumstances, being convinced of the need for codification and

progressive development of the rules on succession of States in respect of treaties as a

a means to ensure greater legal certainty in international relations,



Noting that the principles of free consent, good faith and pacta sunt

servanda are generally recognized,



Emphasizing that ongoing compliance with general multilateral agreements

relating to the codification and progressive development of international law and

contracts, whose subject matter and purpose to represent the interest of the international

the community as a whole, has a special importance for the strengthening of peace and

international cooperation,



Bearing in mind the principles of international law embodied in the Charter of the

The United Nations, such as the principle of equality of peoples and

the right of peoples to self-determination, the sovereign equality and independence of all

States, non-interference in the internal affairs of States, the prohibition of the threat or

the use of force and universal and effective respect for human rights and

fundamental freedoms for all,



Recalling that the Charter of the United Nations requires

respect for the territorial integrity and political independence of each

State,



Bearing in mind the provisions of the Vienna Convention on the law of the contract

1969,



Bearing also in mind the article 73 of the Convention,



Reaffirming that the questions of contract law, except those that arise in the

with regard to the succession of States are governed by the relevant rules of

international law, including the rules of customary international law contained in the

The Vienna Convention on the law of contract in 1969,



Affirming that the rules of customary international law will continue to

govern questions not put up the provisions of this Convention,

They agreed on the following:



PART I



General provisions



Article 1



The scope of the Convention



This Convention shall apply to the effects of succession of States in respect of treaties

between States.



Article 2



Used expressions



1. for the purposes of this Convention:



the "agreement") is an international agreement concluded between States in writing in

accordance with international law, drawn up in one or two or more

related documents, whatever its name any;



(b) "succession of States") is the replacement of one State to others the responsibility for the

the international relations of territory;



(c)) "predecessor State" is the State, which was replaced by a succession of States

by another State;



(d)) "successor State" is the State when the succession of States was replaced by another State;



e) "date of the succession of States" is the date from which the successor State replaced the

State-predecessor in the responsibility for the international relations of the territory to which the

covered by a succession of States;



(f)), "a new independent State" is the State-successor, whose territory was

immediately prior to the date of the succession of States dependent territories for whose

international relations reflect State-predecessor;



g) "notification of succession" is in relation to multilateral treaty notifications

State-the successor, however formulated, or called, expressing its

consent to be considered as bound by the Treaty;



h) "power of Attorney" is in relation to the notification of succession or other notification

carried out pursuant to this Convention, the document issued by the competent authority of the State,

which specifies one or more persons on behalf of the State to undertake

notification of succession, or, depending on the circumstances, different notification;



I) "ratification", "acceptance" and "approval" is, according to circumstances, as follows

named the international act whereby a State, from an international perspective

manifested their consent to be bound by the Treaty;



j) "reservation" is a unilateral statement, however phrased or

named, made by a State when signing, ratifying, accepting or approving

the contract or when it is accessed, or when a notification of succession to a treaty,

which it is intended to exclude or modify the legal effect of certain provisions of

of the Treaty in their application to that State;



k) "Contracting State" is the State that consent to be bound by the Treaty has shown,

whether the contract is in force or not;



l) "party" means a State which is manifested consent to be bound by the Treaty and to the

which the contract is in force;



m) to the "other side" is in relation to the State-party Treaty to the successor

the date of the succession of States on the territory to which the succession of States applies, the

except for the State-a predecessor;



n) "international organization", is an intergovernmental organization.



2. The provisions of paragraph 1 concerning the terms used in these

the articles are without prejudice to the use of those terms or relevance

may be determined by the national law of the States.



Article 3



Cases to which this Convention does not apply



The fact that this Convention does not apply to the effects of succession of States in

relation to international agreements concluded between States and other bodies

international law or in relation to international agreements which have not been

concluded in writing, shall not affect:



and use of any) rules contained in the Convention to cases

to which they are subject under international law independently of the listed

the Convention;



(b) the application of this Convention) between the effects of the succession of States in relation to

international agreements, which are also other bodies

of international law.



Article 4



The Treaty establishing an international organization and the Treaty adopted within the

the international organization



This Convention shall apply to the effects of succession of States in respect of:



a) for each contract, which is the founding document of the international

the Organization, subject to the rules relating to the acquisition of the membership and with

subject to the relevant rules of the Organization;



(b)) for each contract, adopted within the framework of international organisations, subject to the

to the relevant rules of the organization.



Article 5



The obligations imposed by international law independently of a treaty



The fact that the contract is not considered valid in relation to a

the State as a result of application of this Convention does not affect the obligation to

of that State to fulfil the commitments contained in the Treaty, that the State is obliged to

to fulfil under international law independently of the Treaty.



Article 6



Cases of succession of States covered by this Convention



This Convention shall apply only to the effects of succession of States, which occurred in the

accordance with international law and in particular with the principles of international law

enshrined in the Charter of the United Nations.



Article 7



Applicability of the Convention



1. without prejudice to the application of any of the rules contained in this

the Convention, which could control the effects of the succession of States under

international law independently of the present Convention, the Convention applies only

on the succession of States occurring after its entry into force, unless the

otherwise agreed.



2. a successor State may, when expressing consent to be bound by this

Convention, or at any time thereafter, make a declaration to the effect that it

the provisions of this Convention, on its own succession of States occurring prior to the

the entry into force of the Convention in respect of the Contracting State or party to the Convention,

that will make a declaration whereby they accept the State's declarations-successor. After

Convention enters into force between the States which have made the Declaration, or

After the Declaration of acceptance, if this is done later, the provisions of

the Convention shall apply to the effects of succession of States from the data referred to succession.



3. the State-the successor when signing this Convention or when

expresses its consent to be bound by it, make a declaration to the effect that the

provisionally apply the provisions of the Convention in relation to the succession of their own


States, which occurred before the entry into force of the Convention, against a different

signatory State or a Contracting State which makes a declaration whereby

the Declaration of the State-the successor; then, when it was made

the Declaration, the following provisions apply to the effects of the provisionally

succession of States between the two States from the date of succession.



4. a declaration made pursuant to paragraph 2 or paragraph 3 shall be

contained in the written notification to the depositary, who will inform the parties

and States which are eligible to become parties to this Convention, notification,

received, and on its wording.



Article 8



The agreement on the transition of the contractual obligations or rights from the State-the predecessor of the

State-the successor to the



1. the obligations or rights of the predecessor State, resulting from the agreements in force

in view of the territory on the date of succession of States, do not become obligations or rights

State-the successor to other States which are parties to those treaties, in

due to the mere fact that the State-the predecessor and the successor State concluded

an agreement to the effect that such rights or obligations are transferred to the successor State.



2. Despite the conclusion of such an agreement, the effects of the succession of States to the Treaty,

that at the date of succession of States applied to the territory governed by this

by the Convention.



Article 9



Unilateral declaration by the State-the successor for contracts

State-predecessor



1. the obligations or rights arising from the contracts in force due to the territory to

the date of the succession of States do not become obligations or rights of the successor State, or

other States which are parties to these agreements, as a result of the mere

the unilateral declaration of the State of conservation of the successor contracts-in force

due to its territory.



2. In this case, the effects of the succession of States on the Treaty which at the date of

succession of States applied to the territory governed by this Convention.



Article 10



The Treaty anticipating the participation State-the successor to the



1. If the contract foresees that in the case of succession of States will have

State-the successor of the option can be considered as her party may register with

his succession because of the contract under the provisions of the Treaty or,

If there are such provisions, in accordance with the provisions of this Convention.



2. If the contract provides that in the case of succession of States will be

State-the successor of the considered party to the Treaty, such provision will be

effective only if the State-the successor to explicitly make known in writing

their agreement.



3. In the cases referred to in paragraph 1 or 2 is the successor of that State

agreed to by the Contracting Party, considered a party from the date of

succession of States, unless the contract provides otherwise or unless agreed

otherwise.



Article 11



Border regimes



Succession of States as such shall not affect:



and the border set by the Treaty, or)



(b)) of the Treaty obligations and rights, and relating to the scheme

borders.



Article 12



Other territorial regimes



1. Succession of States as such shall not affect:



and liabilities for the use of any) territory, or restrictions on its use,

set by the Treaty for the benefit of the territory of a foreign State and which are considered as

belonging to a given territory;



(b) the rights provided for in the Treaty) in favour of either the territory and related

the use of, or the restriction of the use of any territory of a foreign State, and

which are considered as belonging to a given territory.



2. Succession of States as such shall not affect:



and liabilities for the use of any) territory, or restrictions on its use,

set by the Treaty for the benefit of groups of States or all States and

regarded as belonging to this territory;



(b) the rights provided for in the Treaty) in favor of a group of States or all States

and relating to the use of any territory, or restrictions on its use and

regarded as belonging to this territory.



3. the provisions of this article shall not apply to contractual obligations

State-the predecessor of the establishment of foreign military bases within the territory to which the

covered by the succession of States.



Article 13



This Convention and permanent sovereignty over natural wealth and resources



Nothing in this Convention shall not affect the principles of international law confirming an

Permanent sovereignty of each nation and State above its natural

wealth and resources.



Article 14



Questions of validity of contract



Nothing in this Convention shall not be considered as any question

concerning the validity of the contract.



PART II



Sukcece relating to the part of the territory



Article 15



Succession on part of the territory



If a part of the territory of the State or any territory for whose international

relations is responsible and which is not part of the territory of that State,

become part of the territory of another State:



and the predecessor State) the treaties shall cease to apply because of the territory to which the

with the succession of States applies, from the date of succession of States;



(b)) of the Treaty state-the successor to become applicable in view of the territory to which the

with the succession of States applies, from the date of succession of States, unless the Treaty

It does not, or is not otherwise specified, that the implementation of the Treaty on the

the territory was incompatible with its object and goal or substantially

changed circumstances of the implementation of the contract.



PART III



The newly independent States of the



Section 1



The general rule



Article 16



Attitude toward contracts State-predecessor



The newly independent State is not obliged to maintain in force any agreement

or become a party on the sole ground that on the date of succession of States

the contract paid regard to the territory to which the succession of States applies.



Section 2



Multilateral agreements



Article 17



Participation in the treaties in force on the date of the succession of States



1. subject to paragraphs 2 and 3 may, the newly independent State of notification

succession become party to any multilateral treaty which at the date of

succession of States apply with respect to the territory to which the succession applies

States.



2. paragraph 1 shall not apply if it appears from the Treaty or is otherwise

provided that the implementation of the contract against the newly independent State was

incompatible with its object and goal, or substantially changed

the circumstances of its application.



3. If, from the wording of the contract or for a limited number of participating

States as well as of the subject and the objectives of the Treaty shows that the participation of other

the State's contract requires the consent of all parties, the newly independent State of the

may become a Contracting Party to the contract only with this agreement.



Article 18



Participation in treaties, which on the date of succession of States yet in force



1. subject to paragraphs 3 and 4 may be a newly independent State notifications

succession of State party to multilateral agreements that have not yet

not in force, if on the date of succession of States was

State-the predecessor of a Contracting State in respect of the territories to which it applies

succession of States.



2. subject to paragraphs 3 and 4 may be a newly independent State notifications

succession of State party to the multilateral treaty, which will enter into force after the

the date of the succession of States, if on the date of succession of States was the predecessor State

a Contracting State in respect of the territory to which the succession of States applies.



3. Paragraphs 1 and 2 shall not apply if it appears from the Treaty or is

otherwise stated, that the implementation of the contract against the newly independent State

would be incompatible with its object and goal, or substantially changed

the circumstances of the implementation of the contract.



4. If the text of the Treaty or because of the limited number of participating

States as well as of the subject and the objectives of the Treaty shows that the participation of other

the State's contract requires the consent of all parties, or all of the

States may become party to the newly independent State or a Contracting State

only with the approval of the contract.



5. If the contract provides for its entry into force will be required

a number of the States parties, the newly independent State, which becomes her

a Contracting State under paragraph 1, it will be considered a Contracting State for

the purpose of this provision, if it is not apparent from the contract a different intent, or

except as otherwise provided.



Article 19



Participation in the contracts signed by the State-the precursor of the subject to

ratification, acceptance or approval



1. subject to paragraphs 3 and 4, where before the date of succession of States

the State signed a multilateral agreement-a predecessor, subject to ratification,

acceptance or approval and signature intention to apply the agreement

in the territory to which the succession of States applies, a newly independent State may,

ratify, accept or approve it, as if he himself signed it and

become a party or a Contracting State thereof.



2. for the purposes of paragraph 1, if the contract does not entail any different intention or

unless otherwise specified, the signing of a contract by the State-the precursor of the considered

expression of intent to the contract to cover all territory for whose

the international relations of the predecessor State was responsible.



3. Paragraph 1 shall not apply if it appears from the Treaty or is otherwise

provided that the implementation of the Treaty, the newly independent State was

incompatible with its object and goal, or substantially changed

the circumstances of the implementation of the contract.



4. If the provisions of the Treaty or because of the limited number of

the participating States as well as of the subject and the objectives of the Treaty implies that

the participation of another State contract requires the consent of all parties or all

of the Contracting States, a newly independent State may become a party or contracting parties

the State only with such consent.



Article 20



Reservations



1. When a newly independent State of the notification of succession under article 17


or 18 or a Contracting State party to the multilateral agreement, it is considered that,

that keeps all the reservations to the Treaty, which was applicable at the date of succession

States, due to the territory to which the succession of States relates, if at

notification of succession does not express the opposite intention, or does not make a reservation

relating to the same subject matter as the above reservation.



2. The newly independent State in the notification of succession, which becomes a party to the

or a Contracting State to a multilateral treaty under article 17 or 18 may

to make a reservation, if making such a reservation has not been excluded

the provisions of article 19 (c). a), b) or c) of the Vienna Convention on the contract

law of the sea.



3. When a newly independent State entered a reservation in accordance with paragraph 2,

It shall apply to such reservation, the provisions referred to in articles 20 to 23 of the

The Vienna Convention on contract law.



Article 21



Consent of the State to be bound by parts of the contract and the choice between various provisions of the



1. The newly independent State in the notification of succession in accordance with articles 17 and 18, of which

becomes a Contracting State or party to the multilateral treaty, it may,

If the contract so provides, to express its consent to be bound by the parts of the contract

or make a choice between the various provisions under the conditions laid down in the

the contract for the expression of such consent or make such a choice.



2. The newly independent State can also apply under the same conditions as

the other party or the Contracting States any right to cancel the contract

or change the consent, expressed or made by him or

on the territory of the predecessor State-to which the succession of States applies.



3. when a newly independent State has its agreement or does not

the choice, in accordance with paragraph 1 or does not cancel or not change option

predecessor State, in accordance with paragraph 2, it shall be deemed that preserves:



and in accordance with the contract) by the State-the precursor of the violent expression of consent to be bound

part of this contract due to the territory to which the succession of States relates,



(b)) in accordance with the Treaty-the predecessor of the State made the choice between

various provisions for the implementation of the Treaty in view of the territory to which the

covered by the succession of States.



Article 22



Notification of succession



1. the notification of succession to a multilateral treaty under article 17 or 18

must be in writing.



2. If a notification of succession is not signed by the head of State, head of

the Government or a Minister for Foreign Affairs, a representative of the State which it

done, you may be requested to submit a power of attorney.



3. If the contract provides otherwise, the notification of succession:



and is passed on to the newly independent) State to the depositary, or if it is not

the depositary, the parties or the Contracting States;



(b)) is considered to be made by a newly independent State, on the date when it

received by the depositary, or if there is no depositary, to the date on which it received the

all parties or all of the Contracting States.



4. paragraph 3 shall not affect any obligation which is imposed on the depositary in

accordance with the Treaty or otherwise, inform the party or States parties of

notification of succession or of any communication carried out in this context

the newly independent State.



5. subject to the provisions of the Treaty, it is considered that such notification

succession or communications were delivered to the State to which they were intended, if

as this State is informed by the depositary.



Article 23



The effects of the notification of succession



1. where the contract provides otherwise or unless otherwise agreed, the newly

an independent State, that carries out the notification of succession under article 17, or

paragraph 2 of article 18, it will be considered a side contract from the date of succession

States, or from the date of entry into force of the Treaty, where the Treaty of

into force later.



2. However, it is considered that the implementation of the contract is between the newly independent

the State and other parties to the contract is interrupted until the date of the notification

succession, except when the contract is carried out in accordance with article 27

provisionally or when it is otherwise agreed.



3. If the contract provides otherwise, or is not otherwise agreed, the newly

an independent State, that carries out the notification of succession under article 18, paragraph 2.

1, is considered to be a State party of the Treaty from the date of notification of succession.



Section 3



Bilateral contract



Article 24



The conditions under which, in the case of succession of States, the contract shall be deemed

a valid



1. Bilateral Treaty which at the date of succession was applicable to the territories to which

covered by the succession of States, it is considered valid between the newly

an independent State and the other Contracting Party in accordance with the provisions of

the contract, if:



and with that, the parties expressly) agrees; or



(b)) from the way their behaviour must have considered that agrees.



2. the contract deemed under paragraph 1 shall apply between the newly

an independent State and the other Contracting Party from the date of succession of States, if

of their agreement does not entail any different intention or unless otherwise specified.



Article 25



The relationship of the State-the predecessor and the newly independent State



The Treaty, which, in accordance with article 24 is considered valid between

the newly independent State and the other party can not be only from

for this reason considered valid also between State-predecessor and newly

an independent State.



Article 26



The demise of, breaking execution or changing the contract between the State-the predecessor and

the other party to the contract



1. If, in accordance with article 24 of the contract is considered valid

among the newly independent State and the other Contracting Party:



and among them) this agreement ceases to apply only for the reason that

subsequently disappeared between the State-, and the predecessor of the other party;



(b)) will not be among them, suspended its implementation only on the grounds that it was

subsequently suspended its implementation between the State and the predecessor of the second-

Contracting Party;



(c)) shall not be changed between them simply because that was subsequently amended

between the predecessor and the other State party.



2. the fact that the contract lapse or possibly aborted her

the implementation of the State-the predecessor and the other party after the date of

succession of States does not preclude the contract was no longer considered

a valid or, where appropriate, to be carried out between the newly independent State and

the other party, if it has been established in accordance with article

24, so it was agreed to.



3. the fact that the contract was changed between the State and the predecessor of the second-

a Contracting Party after the date of succession of States does not preclude the unchanged

the contract was considered valid, in accordance with article 24, between the newly

an independent State and the other Contracting Party, unless it is established that the

their aim was to carry out the modified contract between them.



Section 4



Provisional application



Article 27



Multilateral agreements



1. If at the date of succession of States, the Treaty was applicable in view of the multilateral

the territory to which the succession of States relates and the newly independent State

shall notify its intention to the contract was applied to his

territory, the agreement on a provisional basis between the newly independent State and

each party expressly agrees with this, or from whose behavior

must have considered that agrees.



2. However, in the case of a contract, which belong to the categories referred to in

Article 17, paragraph 2. 3, is required for such a provisional application

the consent of all parties.



3. If at the date of succession of States not yet valid multilateral treaty was

applied to the territory to which the succession of States applies, and

the newly independent State shall notify that intention to contract was still

applied against its territory, the agreement on a provisional basis

among the newly independent State and any Contracting Government, which with the

expressly agreed or from whose behavior must be considered with the

agrees.



4. However, in the case of a contract, which belong to the categories referred to in

Article 17, paragraph 2. 3, is required for such a provisional application

the consent of all the Contracting States.



5. Paragraphs 1 to 4 shall not apply if it appears from the Treaty or is

otherwise stated, that the implementation of the contract against the newly independent State

would be incompatible with its object and goal, or substantially changed

the circumstances of the implementation of the contract.



Article 28



Bilateral contract



Bilateral treaty which at the date of succession of States were in force or has been

applied to the territory to which the succession of States applies, it is

considered to be provisionally carried out between the newly independent State and

the other competent State if:



and with both) expressly agrees; or



(b)) from their behaviour must have considered that agrees.



Article 29



Termination of provisional application



1. where the contract provides otherwise, or is not otherwise agreed, the

the provisional application of the multilateral agreement under article 27 may be

closed:



and the notice of termination), carried out within a reasonable time of the newly independent

State or by a Contracting Party or a Contracting State provisionally

carrying out the contract, and the deadline; or



(b)) in the case where the contract belong to the categories referred to in article 17, paragraph 2.

3, notice of termination, carried out within a reasonable time of the newly independent

the State or all the Contracting Parties, where appropriate, by all the Contracting States and the

the deadline.



2. Where the contract provides otherwise, or is not otherwise agreed, the

the provisional application of a bilateral agreement under article 28 may be

terminated by notice of termination carried out within a reasonable time of the newly

an independent State or other competent State and within the

the time limits.




3. If the contract does not provide for a shorter deadline for their completion or not

otherwise agreed, reasonable time-limit for the termination of the provisional application of the

twelve months from the date on which it is informed about her second State or other

States that the Treaty on a provisional basis.



4. If the contract provides otherwise, or is not otherwise agreed, the

the provisional application of the multilateral agreement under article 27 will be

terminated if the newly independent State shall notify its intention to become

party to the contract.



Section 5



Newly independent States composed of two or more of the territories



Article 30



Newly independent States formed from two or more territories



1. Articles 16 to 29 shall apply to the case of a newly independent State

created from two or more territories.



2. when a newly independent State, created from two or more territories, is

considered to be the Contracting Party or happens to her pursuant to articles 17, 18 or

24 and on the date of succession of States, the Treaty was applicable or consent to be bound was her

given concerning one or more of the territories, but not all, the contract will be

performed against the whole territory of that State, provided that:



and it is not apparent from the contract) or is otherwise not stipulated that the implementation of the

the Treaty throughout the territory would be incompatible with its object and the object or

would substantially changed the circumstances of the implementation of the contract;



(b) in the case of multilateral treaties), which are not covered by article 17 paragraph 2.

3 or article 18, paragraph 2. 4, the notification of succession is not restricted to the territory,

against which the Treaty was applicable on the date of succession of States, or in respect of which

was given consent to be bound by the contract before that date;



(c)) in the case of multilateral agreements, covered by article 17 of the

paragraph. 3 or article 18, paragraph 2. 4, the newly independent State and the other Contracting

parties or, where appropriate, other Contracting States otherwise agree;



d) in the case of bilateral agreements with the newly independent State and the other

unless otherwise agreed by the State concerned.



3. when a newly independent State created from the territory of two or more

become a party to a multilateral treaty under article 19 and the signature or

the signatures of State or State-predecessor was demonstrated intention to relate

agreement on one or more of these entities, but not all, will be

contract performed against the whole of the territory of newly independent State, if:



and it is not apparent from the contract) or is otherwise not stipulated that the implementation of the

the Treaty throughout the territory would be incompatible with its object and the object or

would substantially changed the circumstances of the implementation of the contract;



(b) in the case of multilateral treaties), which is covered by article 19

paragraph. 4, not ratification, acceptance or approval of the Treaty, restricted to

or it territory to which the Treaty should be extended; or

(c)



in the case of multilateral treaties), which is covered by article 19 para.

4, the newly independent State and the other Contracting Parties or, where appropriate, other

the Contracting States agree otherwise.



PART IV



Concentration and separation of States



Article 31



The effects of connection States on contract valid at the date of succession of States



1. If two or more States unite and thus creates a

State-the successor of, any contract that applies on the date of succession of States for

any one of these States, it remains for the State-a successor in place, if:



and the State-the successor of the and) the other Contracting Party or parties concerned;

or



(b) it is not apparent from the contract) or is otherwise not stipulated that the implementation of the

of the Treaty in relation to the State-the successors would be incompatible with the

and the purpose of or substantially changed the circumstances of the implementation of the contract.



2. the contract, which shall remain in force pursuant to paragraph 1, it shall be applied

only on that part of the territory of the State-the successor of the, which was applicable at the date of succession

States, if:



and in the case of multilateral treaties), which does not belong to the category referred to

in article 17, paragraph 2. 3, the successor State to notify you that the contract is made on the

its entire territory;



(b) in the case of multilateral treaties), which belong to the categories referred to in

Article 17, paragraph 2. 3, the successor State, and all the parties have agreed

otherwise; or



(c)) in the case of bilateral contracts state-the successor and the other party

otherwise.



3. Paragraph 2 (a). and) shall not apply if it appears from the Treaty or

It is otherwise established that the implementation of the Treaty throughout the territory

State-the successor to be incompatible with its object and purpose or would

substantially changed the circumstances of the implementation of the contract.



Article 32



Effects of the concentration on the contract that States the date of succession of States not yet entered

into force of the



1. subject to paragraphs 3 and 4 may be state-the successor pursuant to article 31

performing notifications for that purpose become a Contracting State to a multilateral

the Treaty, which has not yet entered into force, if the date of the succession

States was one of the predecessor States party to this Treaty.



2. subject to paragraphs 3 and 4 may be state-the successor pursuant to article 31

performing notification for this purpose, become a party to multilateral agreements,

which will enter into force after the date of succession of States if at that date

He was one of the predecessor States party to the Treaty.



3. Paragraphs 1 and 2 shall not apply if it appears from the Treaty or is otherwise

provided that the implementation of the Treaty by the State-the successor to be incompatible with the

its subject and purpose or would substantially changed the circumstances of the implementation of the

of the Treaty.



4. If the contract belongs to the category referred to in article 17, paragraph 2. 3,

It can happen-the successor State or a Contracting State party to the Treaty only

with the consent of all parties, or all of the Contracting States.



5. any contract, the Contracting State or party to the successor State

According to paragraph 1 or 2, it shall be applied only to that part of the territory of the

State-successor, for which it was given before the date of the succession of States ' consent to be

bound by the Treaty if:



and in the case of multilateral treaties), which does not belong to the category referred to

in article 17, paragraph 2. 3, the successor State is mentioned in the notification made in accordance with

paragraph 1 or 2, the Treaty will be implemented throughout its national territory; or



(b) in the case of multilateral treaties), which belong to the categories referred to in

Article 17, paragraph 2. 3, the successor State and all the parties or, where appropriate, all

the Contracting States agree otherwise.



6. Paragraph 5 (b). and) shall not apply if it appears from the Treaty or is

otherwise stated, that the implementation of the Treaty throughout the territory of the successor State,

would be incompatible with its object and purpose or would substantially changed

the circumstances of the implementation of the contract.



Article 33



Effects of the concentration on the contracts signed by the State of States-the precursor of the subject to

ratification, acceptance or approval



1. subject to paragraphs 2 and 3, where before the date of succession of States, one

of the States signed the multilateral agreement-predecessors, subject to

ratification, acceptance or approval, a successor State under article 31 of may

the Treaty ratify, accept or approve it, as if it had signed, and

can the State party or a Contracting State.



2. Paragraph 1 shall not apply if it appears from the Treaty or is otherwise

provided that the implementation of the Treaty in relation to the State-the successor was

incompatible with its object and purpose or would substantially changed

the circumstances of the implementation of the contract.



3. If the contract belongs to the category referred to in article 17, paragraph 2. 3,

It can happen-the successor State or a Contracting State party to the Treaty only

with the consent of all parties, or all of the Contracting States.



4. any contract, the Contracting Party or a Contracting State shall

State-the successor becomes under paragraph 1, it shall be applied only to that part of the

the territory of the successor State, for which the contract was signed by one of the

States-predecessors, if:



and in the case of multilateral treaties), which does not belong to the category referred to

in article 17, paragraph 2. 3, the successor State when ratifying, accepting or

approval of the Treaty to notify you that the Treaty will be implemented throughout its

territory; or



(b) in the case of multilateral treaties), which belong to the categories referred to in

Article 17, paragraph 2. 3, the successor State and all the parties or, where appropriate,

all Contracting States agree otherwise.



5. Paragraph 4 (b). and) shall not apply if it appears from the Treaty or

It is otherwise established that the implementation of the Treaty throughout the territory

State-the successor to be incompatible with its object and purpose or would

substantially changed the circumstances of the implementation of the contract.



Article 34



Succession of States in respect of the separation of parts of a State



1. If the part or parts of the territory of a State separate to form one

or more States, whether State-predecessor still exists or not:



and each contract) force on the date of succession of States throughout the

the predecessor State shall remain in force for each State-the successor to that

thus arises;



(b)) any contract in force on the date of the succession of States only that part of the territory of the

State-predecessor, which became State-the successor, shall remain in force

only for this state-the successor.



2. Paragraph 1 shall not apply if:



a) States concerned, shall agree otherwise; or



(b)) follows from the Treaty or is otherwise established that the implementation of the Treaty

State-the successor to be incompatible with its object and purpose or would

substantially changed the circumstances of the implementation of the contract.



Article 35



The continued existence of the State after the separation of part of its territory



If any part of the territory of the State Department-the predecessor of this

continues to exist, each contract, which at the date of succession of States were for

State-predecessor, continues to pay its remaining territory if:




and the respective States) agree otherwise;



(b)) is not stipulated that the Treaty applies only within the territory of that

separated from the predecessor State; or



(c) it is not apparent from the contract) or is otherwise not stipulated that the implementation of the

the Treaty-the predecessor of the State would be incompatible with its object and purpose

or substantially changed the circumstances of the implementation of the contract

.



Article 36



Participation in treaties, which on the date of succession of States not yet entered into force in

cases, separate the parts of the State



1. subject to paragraphs 3 and 4 may be state-the successor referred to in article 34

paragraph. 1 making the notification for that purpose become a Contracting State

multilateral treaty, which has not yet entered into force, if it was

the predecessor to the date of State succession States of the Treaty by a Contracting State in respect of

the territory to which the succession of States relates.



2. subject to paragraphs 3 and 4 may be state-the successor referred to in article 34

paragraph. 1 making the notification State party to a multilateral treaty, which

shall enter into force after the date of the succession of States, when this date was

State-the predecessor of the Treaty by a Contracting State in respect of the territory to which the

succession concerns.



3. Paragraphs 1 and 2 shall not apply if it appears from the Treaty or is

otherwise stated, that the implementation of the Treaty by the State-the successor was

incompatible with its object and purpose or would substantially changed

the circumstances of the implementation of the contract.



4. If the contract belongs to the category referred to in article 17, paragraph 2. 3,

It can happen-the successor State or a Contracting State party to the Treaty only with the

the consent of all parties, or all of the Contracting States.



Article 37



Participation in the contracts signed by the State-the precursor of the subject to

ratification, acceptance or approval in cases of separation of parts of a State



1. subject to paragraphs 2 and 3, where the predecessor State had signed before

the date of the succession of States, a multilateral treaty subject to ratification,

acceptance or approval and the agreement, in the event that used to be on this date

paid, would be carried out in the territory to which the succession of States relates, may

State-the successor referred to in article 34 paragraph 2. 1 ratify, accept

or approve, as if he had signed, and we can party.



2. Paragraph 1 shall not apply if it appears from the Treaty or is otherwise

provided that the implementation of the Treaty by the State-the successor to be incompatible with the

its subject and purpose or would substantially changed the circumstances of the implementation of the

of the Treaty.



3. If the contract belongs to the category referred to in article 17, paragraph 2. 3,

the successor State may become a Contracting State or a party to the contract only

with the consent of all parties, or all of the Contracting States.



Article 38



Notification



1. the Notifications referred to in articles 31, 32 or 36 must be in writing.



2. If the notification is not signed by the head of State, head of Government or

Minister of Foreign Affairs, the representative of the State in which it is performed, may be

requested to submit a power of attorney.



3. If the contract does not stipulate otherwise, notifications:



and will be forwarded to the State)-the successor to the depositary, or if there is no depositary,

parties or the Contracting States,



(b)) will be considered as carried out by the State-the successor to the date when it

received by the depositary, or if there is no depositary, to the date on which it received the

all parties, or all of the Contracting States.



4. paragraph 3 shall be without prejudice to any obligations arising out of the depositary

the contract or elsewhere, inform the party or the Contracting States of the notification

or any communication that relates to it, carried by the State-the successor.



5. subject to the provisions of the Treaty, the notification or communication will be

considered to be received by the State to which they are intended, then, when

has been informed by the depositary.



PART V



The provisions of the various



Article 39



Cases of State responsibility and outbreak of hostilities



The provisions of this Convention shall not affect any questions that may arise,

as regards the effects of the succession of States to the Treaty, as a result of the international

liability of the State or the outbreak of hostilities between States.



Article 40



Cases of military occupation



The provisions of this Convention shall not affect any questions that may arise,

as regards the agreement as a result of military occupation of the territory.



PART VI



Resolution of disputes



Article 41



Consultations and negotiations



If arises between two or more parties to this Convention relating to

its interpretation or implementation, the Parties shall, at the request of any of the

them, to seek to resolve it by way of consultations and negotiations.



Article 42



Conciliation procedure



If the dispute is not resolved within six months from the date on which it was raised

the request referred to in article 41, any party to the dispute may submit the dispute to the

conciliation referred to in the annex to this Convention by making the application

the Secretary-General of the United Nations and will be

the request, inform the other parties to the dispute or the other.



Article 43



Judicial and arbitral proceedings



Any State may, when signing, ratifying or acceding to this Convention or when

access to it, or at any time after that to declare the notification sent by

the depositary, unless the dispute is resolved with the use of the procedures referred to in

Articles 41 and 42, the dispute may be submitted to the decision of the

International Court of justice by way of an action brought by any party,

litigation or arbitration, provided that the other party to the dispute

She made a similar statement.



Article 44



Settlement by mutual agreement



If between two or more parties to this Convention relating to

its interpretation or implementation, notwithstanding the provisions of articles 41, 42 and 43,

the parties agree that the dispute shall submit to the International Court of Justice or

arbitration or any other proceedings as applicable for the settlement of disputes.



Article 45



Other valid provisions for dispute resolution



Nothing in articles 41-44 does not affect the rights and obligations of the parties to this Convention

applicable between them arising out of the provisions relating to settlement of disputes.



PART VII



Final provisions



Article 46



The signature of the



This Convention shall be open for signature by all States, and up to 28. February

1979 at the Federal Ministry of Foreign Affairs of the Republic of Austria and the

then until 31 December 2006. August 1979 at the United Nations Headquarters in New York

York City.



Article 47



The ratification of the



This Convention is subject to ratification. The instruments of ratification shall be deposited with

the Secretary-General of the United Nations.



Article 48



Access



This Convention shall be open to all States. The instrument of accession

shall be deposited with the Secretary-General of the United Nations.



Article 49



Entry into force



1. This Convention shall enter into force on the thirtieth day after the deposit of the fifteenth

instrument of ratification or instrument of accession.



2. for each State that will ratify the Convention or accedes thereto after the

deposit of the fifteenth instrument of ratification or instrument of accession, it shall enter

into force on the thirtieth day after the deposit of instruments of ratification or

the instrument of accession by that State.



Article 50



Authentic texts



The original of this Convention, of which the English, Arabic, Chinese, French,

Russian and Spanish text are equally valid, will be deposited with the

Secretary-General of the United Nations.



In witness whereof, the undersigned, acting, duly authorized by their respective Governments,

have signed this Convention.



Given in Vienna, this twenty-third day of the month of August of the year devatenáctistého

sedmdesátého eighth.



XIII.



1.



UN Secretary General shall establish and maintain a list of justices of the peace from among

qualified lawyers. To do this, each Member State of the UNITED NATIONS or a party

This Convention is invited to appoint two justices of the peace, and the names of the persons as follows

intended create a list. The appointment of justices of the peace, including those who

they are appointed to or uprázdněná space is for a period of 5 years

with the possibility of reappointment. After the expiration of the period for which they are justices of the peace

judges appointed, will these continue in the performance of functions for which they were

selected according to the following paragraph.



2.



If the Secretary-General in accordance with article 42 application,

shall transmit to the Secretary General of the dispute to the Conciliation Board composed as follows:



The State or States which are a party to the dispute shall appoint:



and one justice of the peace), who has the nationality of that State

or one of the States, selected either from the list referred to in paragraph 1,

or otherwise, and



(b)) of one justice of the peace, who does not have the nationality of that State

or one of those States, selected from the list.



State or States, which are the other party to the dispute shall appoint two justices of the peace

the judge in the same manner. Four justices chosen by the parties must be

be appointed within 60 days from the date of the request by the Secretary General

He received. Within 60 days after the date of the appointment of the last of them shall appoint four

Justices of the peace of the fifth Justice of the peace chosen from a list to be

Chairman.



In the absence of the appointment of the Chairman or one of the justices of the peace in the

the time limit prescribed for such appointment, it shall make the appointment of the General

the Registrar within 60 days after the expiration of this time limit. The Secretary-General may

as the President of either one of the persons referred to in the list, or

one of the members of the Commission for international law. Any period within which the

to be made, the appointment may be extended by agreement of the parties to the dispute.

Any vacancy must be filled in the manner prescribed for the first

the appointment.



3.



The Conciliation Commission shall determine its own procedure. The Commission may, with the consent of the parties


the dispute, invite any party to this Convention, to give it in writing or orally

present their views. Decisions and recommendations of the Commission are

taken by a majority of its five members.



4.



The Commission may notify the parties to the dispute to any measures to facilitate eligible

friendly solutions.



5.



The Commission shall be examined by the parties, examines the claims and objections, and make proposals to the parties with

to help reach an amicable solution to the dispute.



6.



The Commission shall, within 12 months of its establishment of a message. Its message is

be deposited with the Secretary-General and communicated to the parties to the dispute. Message

including the conclusions of the Commission, which includes of the facts and of the legal

aspects, does not oblige parties and is a mere recommendation of the present

Parties to the investigation in order to help to resolve the dispute amicably.



7.



The Secretary-General shall provide the Commission with the assistance and equipment needs.

The costs of the Commission shall be borne by the United Nations.

Related Laws