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.
