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TREATY MAKING PROCEDURE UNDER INTERNATIONAL LAW

BY

OLUWASETO FRANKLIN OLUSETO

MATRICULATION NO.: 980881

BEING A LONG ESSAY SUBMITTED TO THE DEPARTMENT OF PUBLIC LAW, FACULTY OF LAW, UNIVERSITY OF ADO –EKITI NIGERIA IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF THE DEGREE OF BACHELOR OF LAWS (LL.B) AUGUST, 2004

CERTIFICATION

I certify that Mr. Oluwaseto Franklin Oluseto of the Faculty of Law, University of Ado-Ekiti Nigeria carried out this project.

________________ _______________ _______________

Mr. Femi Ogunlade Esq

Supervisor Remark Date

_________________ _______________ ______________

Dean, Faculty of Law Remark Date

_________________ _________________ ___________

External Examiner Remark Date

DEDICATION

For JEHOVAH, EBUN ADEWOLA and the OLUWASETOS. The first, because HE has shown Himself strong on my behalf and that I can do all things through HIS begotten SON, JESUS CHRIST.

The second, because she stands as a pillar in my support. The third which include the present and unborn generations, because they will become great, strong, rich and powerful family.

ACKNOWLEDGEMENT

I wish to express my sincere appreciation and gratitude to everyone who contribute one way or the other to the successes of my legal career. Worlds are not enough to express my gratitude to the families of ADEBOYEKU, First among them is my mother MRS. MARGARET EBON AREOLA nee ADEBOYEKU for her total commitment to discharge the parental responsibility, second is my grandmother MRS FELICIA OLAWANLE ADEBOYEKU because she truly loves me, and all the ADEBOYEKU’S at home and in Diaspora.

I also wish to register my appreciation to my aunties, Stella Omolara Olubunmi nee Olumide, Mrs. Iyabo Suberu nee Fasan, Mrs Adenike Grace Olalade nee Babatunde, Mrs Tinu Uthman nee LAdipo (Ibadan), Mrs. Bola Adesunloye, Mrs. Pekun Okundia, Mrs Ronke Ayodeji and Ms. Taye Fifo.

Not forgetting Mr. Felix Boluwaji Akinbola, Chief Michel olufemi ojo, Inspector Michael Adeleye, Mr. Olawale Idebi. My thanks also go to the family of Taiwo O. Taiwo, while the following families are not left out, Mr and Mrs. Gbenga Olufemi, chief Mrs. F.O. Ajagunna, Mr. and Mrs. Raji & Tundun Margaret Raji, Mr. J.F. and Mrs. S. K. Adegunle, Jumoke with Ayo and Bode Adegunle, the Adesunloyes, and my own and only Oluwadamilola Omowunmi Tejumade Adegunle

The gratitude train takes along my siblings, cousins and friends, Ariyo Olojede and Mariam Olojede, Miss Adebayo Tawakalitu Bukola, Miss Mustapha Modupe Adeola, Mrs. Olunfunke Eniola Adegoroye nee Olubajo, Miss Adekemi K. Subaru, Miss. Jumonke Akinwumi, Ifeoluwa Adesunloye, Femi Fadeyi of llara-Mokin (Ondo State).

The classes of 1997 and ’98 of faculty of Law University of Ado-Ekiti are remembered for their supports during my election as president of the Law society, UNAD, especially the class of ’98 during my tenure as the Executive president of the Law society, in the same vein I remain grateful to the entire students of the Law Faculty of UNAD for their support.

I will forever remain grateful to Prof. Akin Oyebode, Prof. Yomi Dinakin, Prof G. D. Oke, Prof. Akin Ibidapo-Obe, Hon. Justice Prof A. F. D Kuti (Rtd.) Dr. H. H. Mensah, Barristers:- T. F. Yerima, E. M. Akpambang, P. H. Faga, B. Abegunde, E. T. Yebisi, J. O. Dada, W. A. Adebayo, B. O. Jemilohun, A. M. Sani, S. K. Iyaniwura, Ms. G. M. Musa, B. O. Omoleye, A. R. Babatunde, and Mrs. R. Y Amomimo.

I acknowledge other staffs of the Faulty of law and the entire staffs of University of Ado-Ekiti for their cooperation and dedications to the University.

I appreciate the helpful attitude of my supervisor, Barrister F. Z Ogunlade. I also want to acknowledge the Access to Justice / DFID in Ekiti State for granting me access to the Learning Resources Centre and also not forgetting Mr. Martin Pierce of Access to Justice for being so very wonderful and helpful.

I thank Mr. Omololu Fasan, I also want to thank immensely, everyone who in one way or the other contributed to my success and of this work either financially, morally or materially. May God bless you all and I pray that God will continue to shower more of HIS Blessings upon you all.

Finally, I should not be ashamed to say that my greatest thanks and glory go to the Almighty Father, the only Creator of Heaven and Earth, the only God who is the supreme Head of the Universe and the only Marvellous God who knows the end from the beginning, who knows and does all thing at the right time. FATHER I thank YOU for YOUR mercy, protection and blessings upon us all. It is therefore with utmost humility that I repeat FATHER I thank you’’ and so shall I continued to say forever and ever (Amen).

TABLE OF CONTENT

Title page ................................................................................................ Certification................................................................................................. Dedication................................................................................................ Acknowledgement ..................................................................................

Table of content ...................................................................................7-8

Table of statute...........................................................................................9

Table of cases.......................................................................................... 10

Abstract ..................................................................................................11-12

Introduction...............................................................................................13

CHAPTER ONE

1.1 Definition of Treaty 14 1.2 kinds of Treaties 15

CHAPTER TWO

2.1 Formalities of Treaties 16-19

2.2 Consent 19-24

2.3 Reservation of Treaties 24-31

2.4 Declaration of treaties 31-35

CHAPTER THREE

3.1 Entry into force 36-42

3.2 Amendment of treaties 42-50

3.3 Withdrawal and denunciation of treaties 50-52

3.4 Termination of treaties 52-56

3.5 Registration of treaties 56-74

CHAPTER FOUR

4.1 Implementation of treaties in Nigeria court 75-79

4.2 Practices in other jurisdiction of the world 79-88

CHAPTER FIVE

5.1 Summary 89-92

5.2 Recommendation 92-94

Bibliography 95

Appendix: Vienna Convection On the Law of Treaties 1969 96-134

TABLE OF STATUTES

1.   Australian Constitution Act, 1990

2.   Canadian Constitution Act, 1982 (British North-America Act, 1869)

3.   Comprehensive Nuclear- Test –Ben Treaty 1996

4.   Constitution of the Federal Republic of Nigeria 1999

5.   Convention on the prohibited of the use, stock piling production and Transfer of Anti-personnel mines and on their Destruction, 1997.

6.   International Coffee Agreement 2000 and 2001

7.   Kyoto protocol to the United Nations Framework Convention on Climate change, 1997.

8.   Optional protocol to the international covenant on civil and political Rights 1966

9.   Republic of France Constitution

10.                 Rome Statute of the international Criminal court 1998

11.                 Switzerland Federal Constitution

12.                 United Nations charter 1945.

13.                 United Nations Convention against Transnational Organized Crime, 2000.

14.                 United Nations Convention on Law of the Sea, 1982 and 1994

15.                 United States of America constitution.

16.                 Vienna Convention on the Law Treaties 1969

TABLE OF CASES

1.   Attorney General vs. BBC (1981) A. C. 303

2.   Attorney General for Canada vs. Attorney General for Ontario(1937) A. C. 326, 8 ILR, p 41

3.   CCSU vs. Minister for Civil Service (1985) A. C 374.

4.   Cheall vs. Association of Professional Executive Clerical and Computer Staff (1983) Z.A.C. 180

5.   Fisheries Jurisdiction Case I C J reports (1973) p3:55

6.   Gani Fawehinmi vs. Sani Abacha (2002) FWLR (pt.4)

7.   J. H. Rayner Limited vs. Dept. Of Trade and Industry (1990)2 A. C. 418

8.   Legal Statute Of Eastern Greenland Case (1933) P C I J Report series A/B No. 53

9.   Malone vs. Metropolitan Police commissioner (1979) 1 C H. 3         44

10.                 Minister Immigration and Ethnic Affairs vs. Teoh (1995) 183 CLR 273

11.                 Qatar vs. Bahrain ICJ reports (1994) p 112 102, ilr p3

12.                 Salomon vs. Commissioner of Customs and Excise (1967) 2 Q.B 116

13.                 Trendix Corporation vs. Central Bank of Nigeria (1977)2 WLR, p. 388.

ABSTRACT

Treaties are the primary source of international law it has been noted that support for the rule of law would be enhanced if countries signed and ratified international treaty conventions. Many countries are unable o participate fully in the international treaty framework due to the lack of the necessary expertise and resources, especially when national legislation is needed to give force to international instruments.

The secretary-General is the depositary for over 500 multilateral treaties. The depositary functions relating to multilateral treaties deposited with the Secretary-General are discharged by the treaty section of the office of Legal Affairs of the United Nations. The section is also responsible for the registration and publication of treaties submitted to the secretariat pursuant to the Article 102 of the charter of the United Nations.

Articles 102 provides that every treaty and every international agreement entered into by a member of the charter, shall be registered with and published by the secretariat.

An essential element of treaty is that parties have reached agreement on its content. While reservations and declarations and generally in applicable to bilateral treaty agreement. However, where the parties to a bilateral treaty have made reservations or declarations, or agreed on some other interpretative document, such instrument must be registered together with the treaty submitted for registration under Article 102 of the charter of the United Nations.

Once a treaty or international agreement is registered, the secretariat issues to the registering party a certificate of registration signed by the secretary-General or a representative of the secretary-General. Upon request, the secretariat will provide such a certificate to all signatories and parties to the treaty or international agreement. According to established practice, the secretariat does not issue certificates of registration in respect of treaties or international agreements that are registered ex-officio or filed and recorded.

INTRODUCTION

This thesis has been prepared as a guide to the treaty making process under international law as well as a guide to the secretary-General’s practice as a depositary of multilateral treaties, and to treaty law and practice in relation to the registration functions.

It is within the purview of this thesis to consider the definition of Treaties as well as the kinds of treaties in chapter one. The second chapter of this work is mainly designed to discuss the formalities and consent, as inevitably required in treaty making process. Following these are Reservation and Declaration of treaties both in the same chapter two.

The next chapter talks about the entry into force and amendment of treaties, in the same chapter, withdrawal, denunciation as well as termination of treaties and registration of treaties are discussed.

Chapter four is the substantive chapter, it contains implementation of treaties in Nigeria, the practical application of international treaties in Nigerian courts as well as the practice obtainable under other jurisdiction in the world.

The final chapter, chapter five is mainly for summary, recommendation and conclusion. An annexure appears at the end of this thesis as the Vienna Conventions on the Law of Treaties of 1969.

CHAPTER ONE

1.1        DEFINITION OF TREATIES

Treaties is a generic term embracing all instruments binding under international law, regardless of their formal designation, concluded between two or more international juridical persons. Thus, treaties may be concluded between:-

a.   States

b.   International organizations with treaty making capacity and states.

c.   International organizations with treaty making capacity.

The application of the term treaty, in generic sense signifies that the parties intend to create rights and obligations enforceable under international law. Thus, a treaty is a manifestation of an accord of wills much in the same manner as a contract reflects the parties’ consensus ad idem at the domestic sphere[1].

The Vienna convention 1969 defines a treaty as “an international agreement concluded between states in written form and governed by international law whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. [2] Accordingly, conventions, agreement protocols and exchange of letter or notes may all constitute treaties. A treaty must be governed be international law and is normally in written form. Although the Vienna convention 1969 does not apply to non written agreements, its definition of a treaty states that the absence of writing does not affect the legal force of international agreements.

In order to speak of a “treaty” in the generic sense, an instrument has to meet various criteria. First of all, it has to be a binding instrument, which means that the contracting parties intended to create legal rights and duties, see the Qatar Vs. Bahrain.[3] Secondly, the instrument must be concluded by states or international organizations with treaty-making power. Thirdly, it has to be governed by international law. Finally, the engagement has to be in writing.[4]

1.2        KINDS OF TREATIES

Treaties are of two kinds: First category treaties are those which become binding as a result of signatures affixed at the completion of the negotiations. Examples of this kind of treaties are simple bilateral agreements, which are concluded between two states only.

Then there are treaties which require a further step to be taken after the text has been established by signature before the treaty will take effect, whether by way of ratification or by legislation, as the case may be. Examples of this kind of treaties are the multi-lateral treaties, which are generally far more important than the simple bilateral agreement. As has happened in the case of Uruguay Round of Trade Negotiation held under the auspices of GATT, a final Act is prepared, at the end of the negotiations recording the result of the several multi-lateral treaty negotiations, which is signed by the delegations of the participating countries. The signature of treaty, which is usually subject to subsequent ratification, follows later. As a matter of fact, multi-lateral treaties routinely provide for the ratification in case of those who have signed the treaty and for accession in case of those who have not signed the treaty. Multilateral treaties are concluded between at least three states. The treaties, which have attracted the largest numbers of parties are called universal.

Among multi-lateral treaties, one can distinguish between “open” and “restricted” treaties. Whereas every state can become a party to the “open” ones, access to the latter category of treaties is excluded for those states which do not belong to the original states parties, unless an agreement to the contrary has been entered into. Hence, every state can accede to the Vienna Convention(open treaty), but only the signatory states of the Convention on the Regulation of the Navigation on the Danube River from 1948 could originally ratify this (restricted )treaty.

CHAPTER TWO

2.1    FORMALITIES OF TREATIES

Treaties may be made or concluded by the parties in virtually any manner they wish. There is no prescribed form or procedure, and how a treaty is formulated and by whom it is actually signed will depend upon the intention and agreement of the states concerned.

Treaties may be drafted, as between states, or government or heads of state, or governmental department, which ever appears the most expedient. For instance, many of the most important treaties are concluded as between heads of state, and many of the more mundane agreements are expressed to be as between government department, such as minor trading arrangements.

Signature: Simple Signature

One of the most commonly used steps in the process of becoming party to a treaty is singing that treaty. Multilateral treaties contain signature provisions indicating the place of signature, date of opening for signature, period of signature, e.t.c such treaties also list the methods by which a signatory state can become party to them e.g. by ratification, acceptance, approval or accession.

Multilateral treaties often provide that they will no longer be possible. Once a treaty is closed for signature, a state may generally become a party to it by means of accession some multilateral treaties are opened for signature indefinitely. Most multilateral treaties on human right issues fall into this category. However, some multilateral treaties contain specific limitation on participation due to circumstances specific limitation on participation due to circumstances specific to them. 1

Multilateral treaties usually provide for signature subject to ratification, acceptance or approval – also called simple signature in such cases a signing state does not undertaker positive legal obligation under the treaty upon signature. However, signature indicates the state’s intention to take steps to express its consent to be bound by the treaty at a later date. Signature also creates an obligation in the period between signature and ratification acceptance or approval, to refrain in good faith acts that would defeat the object and purpose of the treaty.

Definitive Signature

Some treaties provide that states can express their consent to be legally bound solely upon signature. This method is most commonly used in bilateral treaties and rarely used for multilateral treaties. In the latter case, the entry into force provision of the treaty expressly provides that they treaty will enter into force upon signature by a given number of states.

Of the treaties deposited with the secretary – General this method is most commonly used in certain treaties negotiated under the auspices of the Economic Commission for Europe, e.g. article 4(3) of the Agreement concerning the Adoption of Uniform condition for periodical Technical inspection of wheeled vehicle and the reciprocal Recognition of such inspections 1997

Signature of a treaty without an instrument of full power

The Head of State, Head of Government or Minister for Foreign. Affairs may sign a treaty or undertakers any other treaty action on behalf of the state without an instrument of full power.2

A person other the above – mentioned persons may sign a treaty only if that person possesses a valid instrument of full power 3. Some countries have deposited general full power with the secretary-General.

General full powers do not specify the treaty to be signed but rather authorize a specified representative to sign all treaties of a certain kind.

There is no specific form for an instrument of full powers, but it must include the following information.

1     The instrument of full power must be signed by one of the three above mentioned authorities and must unambiguously empower a specified person to sign the treaty. Full powers may also be issued by a person exercising the power of the above – mentioned three authorities of state ad interim. This should be stated clearly on the instrument.

2     Full power usually limited to one specific treaty and must indicate the title of the treaty. If the title of the treaty is not yet agreed, the full power must indicate the subject matter and the name of the conference or the international organization where the negotiations are taking place.

3     Full powers must state the full name and title of the representative authorized to sign. They are individual and cannot be transferred to the “permanent representative”. Due to the individual character of the full power, it is prudent to name at least two representatives, in case one is hindered by some unforeseen circumstance from performing the designated act.

4     Date and place of signature must be indicated.

5     Official seal. This is optional and it cannot replace the signature of one of the three authorities of state.

The following is an example of an instrument of full powers:

I have the honour to inform you that I (name), president of the Republic of (Name of State), have given full powers to the Honourable Ms (Name) Secretary of state for the interior and Religious Affairs, to sign on behalf of (Name of State) the United nation convention against Transnational organized crime and following two protocols to be opened for signature in Palermo, Italy from 12th to 15th December 2000.

i.    Protocol against the smuggling of migrants by land, Air and Sea, Supplementing the United Nation Convention against Transactional organization Crime.

ii. Protocol to prevent, suppress and punish traffic king in persons, especially women and children supplementary the United Nation Convention against Transnational Organized Crime.

This note constitutes the full power empowering the Honourable (Name) to sign the above – stated convention and protocols.

The Hon. (Name), President of the republic of (Name of State) {Signature}

Full powers are legal distinct from credentials, which authorize representative of a state to participate in a conference and sign the final Act of the conference.

As custodian of the original version of the treaty, the depositary verifies all full power prior to signature. If the Secretary – general of the United Nation is the depositary for the treaty in question, the state wishing to sign the treaty should make an appointment for signature with the treaty section and submit to the treaty section for verification a copy of the instrument of full powers well in advance of signature (Facsimiles are acceptable for this purpose).

The state should present the original instrument of full powers at the time of signature. Full power may be submitted by hand or mail to the treaty section.

2.2    Consent and Good faith

The principle of free consent in preambular Para. 3 of the Vienna convention.4 First of all, it is the corollary of the prohibition of the threat and use of force contained in the charter of the charter of the United Nations 5 which legitimates such behaviour only in specific circumstances. The severance or absence of Diplomatic (or Consular) relation between two or more state does not prevent the conclusion of treaties between those state.6 According to the principle of free consent, international agreements are binding upon the parties and solely upon themselves. These parties cannot create either obligation or rights for third state without their consent (rule of pacta tertiis nec nocent nec prosunt).7 The only explicit exception to this rule appears in Article 22 (1) of the Vienna convention on law of treaties 1969. Which is an expression of the favour contract us principle and concerns the withdrawal of reservations. Another important principle which can be deducted from the free

Consent rule is expressed by the Latin phrase lex posterior derogate legi priori, according to this rule, a later treaty prevails over an earlier an earlier one when two treaties.

Exist relate to the same subject – matter. It is understood that by giving is consent, a state binds itself in respect to its entire territory and not retroactively, unless a different intention is established.9

Good faith

As well as free consent, good faith is of fundamental importance for the conduct of international relations in general and is therefore recognized as an international principle according to the very terms of the Vienna convention (preambular para 3) if a state do not behave in good faith, peace and international security, the supreme goals of the charter of the united nation might eventually be put in Jeopardy.

In a resolution from July 2001, the international whaling commission (IWC) which is constituted by more than 40 member countries declared that “Good Faith requires fairness, reasonableness,

Integrity and honesty in international behaviour” An abuse of rights is contrary to the principle of good faith .10

Consent to be bound

In order to become a party to a multilateral treaty a state must demonstrate, through a concrete act its willingness to undertake the legal right and obligation contained in the treaty. In other words, it must express its consent to be bound in several ways, in accordance with the final clauses of the relevant treaty. The most common ways it can be done are:

a.   Definitive Signature

b.   Ratification

c.   Acceptance or Approval

d.   Accession

e.   By any other means if so agreed.

The consent to be bound is universally recognized and enshrined in

Article 26:

“Every treaty in force is binding upon the parties to it and must be performed by them in good faith” 11.

The act by which a state expresses its consent to be bound by a treaty is distinct from the treaty's entry into force consent to be bound is the act whereby a state demonstrates its willingness to undertake the legal rights and obligation under a treaty through definitive signature or deposit of an instrument of ratification, acceptance, approval or accession. Entry into force of a treaty with regard to a state is the moment the treaty becomes legally binding for the state that is party to the treaty. Each treaty contains provisions dealing with both aspects.

Ratification

Most multilateral treaties expressly provide for the state to express their consent to be bound by signature subject to ratification, acceptance or approval.

Providing for signature subject to ratification allows states time to seek approval for the treaty at the domestic level and to enact any legislation necessary to implement the treaty domestically, prior to undertaking the legal obligation under the treaty at the international level, it must give effect to the treaty domestically. This is the responsibility of the state. Generally, There is no time limit within which a state is requested to ratify a treaty, which it has signed. Upon ratification, the state becomes legally bound under the treaty.

Ratification at the international level, which indicate to the international community a state’s commitment to undertake the obligations under a treaty, should not be confused with ratification at the national level, which a state may be required to undertake in accordance with its own constitutional provisions before if expresses consent to be bound internationally. Ratification at the national level is inadequate to establish a state’s intention to be legally bound at the international level.

The required actions at the international level shall also be undertaken. Some multilateral treaties impose specific limitations or conditions on ratification. For example, when a state deposits with the secretary – General an instrument of ratification, acceptance or approval of, or accession to the convention on prohibitions or restriction on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate Effect, 1980, it must at the same time notify the secretary –General of its consent to bound by any two or more of the protocols related to the convention. The relevant protocols I, ii, and iii of 10 October 1980, protocol iv of 13 October 1995, and protocol ii, as amended, of 3 may 1996. Any state that expresses its consent to be bound by protocol 11 after the amended protocol 11 entered into force on 3 December 1998 is considered to have consented to be bound by protocol 11, as amended, unless it expresses a contrary intention such a state is also considered to have consented to be bound by the unimpeded protocol 11 relation to any state that is not bound by protocol 11 in relation to any state that is not bound by protocol 11, as amended pursuant to article 40 of the Vienna convention 1969.

Acceptance or Approval

Acceptance or approval of a treaty following signature has the same legal effect as ratification, and the same rules apply, unless the treaty provides otherwise.12 If the treaty provides for acceptance or approval without prior signature, such acceptance or approval is treated as an accession and the rules relating to accession would apply.

Accession

A state may generally express its consents to be bound by a treaty by depositing an instrument of accession with the depositary 13. Accession has the same legal effect as ratification. However unlike ratification, which must be preceded by signature to create binding legal obligations under international law, accession requires only one step, namely, the deposit of an instrument of accession. The secretary – General, as depositary, has tended to treat instrument of ratification that have not been preceded by signature as instrument of accession, and the states concerned have been advised accordingly.

Most multilateral treaties today provide for accession as, for example article 16 of the convention on the prohibition of the use, stockpiling, production and transfer of Anti personnel mines and on their Destruction. 1997.

Practical Consideration Forms of Instrument of ratification, acceptance approval or accession

When a state wishes to ratify, accept, approve or accede to a treaty it must execute an instrument of ratification, acceptance, approval or accession, signed by one of three specified authorities, namely the head of state, head of government or minister for foreign Affairs. There is no mandated form for the instrument, but it must include the following:

1.   Title, date and place of conclusion of the treaty concerned.

2.   Full name and title of the person signing the instrument i.e. the head of state, head of government or minister for foreign Affairs or any other person acting in such a position for the time being or with full powers for that purpose issued by one of the above authorities:

3.   An unambiguous expression of the intent of the Government, on behalf of the state, to consider itself bound by treaty and to undertake faithfully to observe and implement its provision:-

4.   Date and place where the instrument was issued and

5.   Signature of the Head of state, Head of Government or Minister for Foreign Affairs (the official seal is not adequate) or any other person acting in such a position for the time being or with full powers for that purpose issued by one of the above authorities.

Delivery To The Secretary – General

And instrument of ratification, acceptance approval or accession becomes effective only when it is deposited with the secretary – General of the United Nations Headquarters in New York. The date of deposit is normally recorded as that on which the instrument is received at the headquarters. State are called to deliver to the treaty section of the United Nations directly to ensure the action is promptly processed. The individual who delivers the instrument of ratification does not require full powers. In addition to delivery by hand, instrument may also be mailed or faxed to the treaty section.

If a state initially faxed an instrument, it must also provide the original as soon as possible thereafter to the treaty section.

Translations

It is recommended that, where feasible, state provide courtesy translation in English or French of instruments in other languages submitted for deposit with the secretary – General. This facilities the prompt processing of the relevant actions.

Provisional Application

A state provisionally applies a treaty that has entered into force when it unilaterally undertakes, in accordance with its provisions, to give effect to the treaty obligation provisionally, even though its domestic procedural requirement for international ratification, approval acceptance or an accession have not yet completed. The intention of the state would generally be to ratify, approve accept or accede to the treaty once its domestic procedural requirement have been met. The state may unilaterally terminate such provisional application at any time unless the treaty provided otherwise 14

In contrast, a state that has consented to be bound by a treaty through ratification, approval, acceptance, accession or definitive signature is governed by the rules on withdrawal and denunciation specified in the treaty15.

2.3 What are Reservations ?

In certain cases, states make statement upon signature, ratification, acceptance, approval of or accession to a treaty. Such statements may be entitled “reservation” “declaration” Understanding” “interpretative declaration” or “interpretative statement”. However phrased or named any such statement purporting to exclude or modify the legal effect of a treaty provision with regard to the declarant is, in fact, a reservation 16.

A reservation may enable a state to participate in a multilateral treaty the state would otherwise be unwilling or unable to participate in.

The legal regime of reservation has been codified in the Article 19 to 23 of the Vienna convention since this regime does not always give clear answers on how to deal with reservations, the international law commission (ILC) together with the international community is currently discussing “draft directive” on this issue.

In the same way as reservations, interpretative declarations are unilateral acts, but unlike the former, such declarations can be made at anytime whereas a reservation must be formally confirmed by the state at the time of expressing its consent to be bound by a given treaty,17 viz. when ratifying, accepting or approving it.

Vienna convention 1969 Article 19 of the Vienna convention 1969 specifies that a state may, when signing, ratifying, accepting, approving or acceding to a treaty, make a reservation unless: a.   The reservation is prohibited by the treaty. b.   The treaty provided that only specified reservation; which do not include the reservation in question, may be made; or c.    In case not falling under the above two categories, the reservation in incompatible with the object and purpose of the treaty. In some case, treaties specifically prohibit reservation18 By an interpretative declaration, a state aims at clarifying what meaning or extent it attributes to a given treaty or to some of its provisions. The qualification of a unilateral declaration depends on the legal effect it intends to produce, a matter which is far from being always clear. In the case of a state not qualifying itself its declaration as reservation or interpretative declaration, it is sometimes the depository who chooses one of the two designations when communicating the declaration to the other state parties in accordance with Article 77 (1) (e) or with any other provision of a particular treaty relevant in the given circumstances. The favour contractus principle has a double impact on the legal regime of reservations: In order to facilitate both the entry into force of a convention and a wide participate to it, the Vienna convention establishes practically no obstacles to the declaration of reservations, although this is done at the price of the integrity of the treaties.

Furthermore, silence amounts to agreement19 so that in the reality of treaty relations, in particular with regard to universal treaties, the entry into force of a reservation can be almost automatically assumed.

However a return to treaty integrity is made even easier, since a reservation can be withdrawn at anytime even without the consent of those state’s which had previously accepted20 in that case the favour contractus principle supersedes the free consent rule. In accordance with the free consent principle the issue of the permissibility of reservation does not arise when a treaty straightforwardly prohibits them.

The issue is of minor importance when a treaty accepts only specific reservations in that case one has to wonder whether a specific reservation is still covered by the authorization expressed when one has to decide whether a reservation is compatible with object and purpose of the treaty in question21.

Since the Advisory opinion of the international court of justice of 28 May 1951 concerning reservations to the convention on the prevention and punishment of the crime of Genocide it is this compatibility with object and purpose of the treaty which constitutes the touch stone of its admissibility. Despite its vague content – but in default of a better alternative – the “incompatibility with the object and purpose of the treaty” formula has been included into the Vienna convention not in its Articles 19 (c) but also in its Articles 18, 20(2), 31(1) and 33(5).

According to this formula the states decides for themselves whether the

Reservation declared by another state party is to be considered compatible with the object and purpose of a given treaty or not.

If a state party comes to the conclusion that the reservation made by another state is not permissible then it can raise an objection by the end of a period of twelve months after it was notified of the reservation22.

The objection’s effect is that the provision to which the reservation relates do not apply to the extent of the reservation and the one, which has raised an objection.

However, it the state, which raises the objection, wants to exclude the entry into force of the whole treaty between itself and the reserving state, it has to do it explicitly23. It is only in that case that there is a difference between the legal effects following from the acceptance of a reservation and those, which are the consequences of objecting to it. paradoxically, the legal consequence are otherwise the same.

Eventually, disputes concerning the admissibility of reservations can only be solved through a dispute settlement mechanism. Such a procedure has to be foreseen either in the concerned treaty or in an agreement otherwise entered into by the state parties

Time for formulating reservation

Article 19 of the Vienna convention 1969 provides for reservation to be made at the time of signature or when depositing an instrument of ratification, acceptance, approval or accession. If a reservation is made upon simple signature (i.e. Signature subject to ratification, acceptance or approval), it is merely declaratory and must be formally confirmed in writing when state expresses its consent to be bound.

Formulating reservation after ratification acceptance approval or accession

Where the Secretary – General, as depositary, receives a reservation after the deposit of the instrument of ratification, acceptance, approval or accession that meets all the necessary requirements, the secretary – General accepts the reservation in deposit only if no such state inform him that it does not wish him to have accepted that reservation. This is a situation where the secretary – general’s practice deviates from the strict requirements of the Vienna Convention 1969. On 4 April 2000, in a letter addressed to the permanent Representative to the United Nations, the legal counsel advised that the time limit for objecting to such a reservation will be 12 months from the date of the depository notification. The same principle has been applied by the secretary –general, as depository, where a reserving state to treaty has withdrawn an initial reservation but has substituted it with a new or modified reservation.

Form of Reservations

Normally, when a reservation is formulated, it must be include in the instrument of ratification, acceptance, approval or accession or be annexed to it and (if annexed) must be separately signed by the Head of state, Head of Government or minister for Foreign Affairs or a person having full powers for that purpose issued by one of the above authorities.

Notification of reservation by the Depository.

Where a treaty expressly prohibits reservations, the Secretary – General, as depository, may have to make a preliminary legal assessment as to whether a given statement constitutes reservation. If the statement has no bearing on the state’s legal obligation, the Secretary – General circulates the statement to the states concerned.

If a statement on its face, however phrased or named24 unambiguously purports to exclude or modify the legal effects of provisions of the treaty in their application to the state concerned, contrary to the provision of the treaty, the Secretary – General will refuse to accept that states signature, ratification, acceptance approval or accession in conjunction with the statement. The Secretary-General will draw the attention of the state concerned to the issue and will not circulate the unauthorized reservation.

This practice is followed only in instance where prima facie, there is no doubt that the reservation is unauthorized and that the statement constitutes a reservation.

Where such a prima facie determination is not possible, and doubts remains, the secretary-general may request a clarification from the declarant on the real nature of the statement. If the declarent formally clarifies that the statement is not a reservation but only a declaration, the Secretary – General will formally receive the instrument in deposit and notify all the states concerned accordingly.

The secretary-General as depositary is not required to request such clarifications automatically; rather it is for the states concerned to raise any objections they may have to statements they consider to be unauthorized reservations. For example, articles 30.9 and 310 of the United Nation convention on the law of the sea 1982, provide that states may not make reservations to the convention (unless expressly permitted elsewhere in the convention) and that declarations or statements, however phrased or named, may only be made if they do not purport to exclude or modify the legal effect of the provisions of the convention in their application to the reserving state.

Where a state formulates a reservation that is expressly authorized by the element treaty, the secretary- general, as depositary, informs the state concerned by depositary notification. Unless a translation or an in-depth analysis is required such a notification is processed and transmitted by e-mail to the state concerned on the state concerned on the data of formulation.

A reservation of this nature does not required any subsequent acceptance by the states concerned, unless the treaty so provided 25.

Where a treat is silent on reservation

Where a treaty is silent on reservations and a state formulates a reservation consistent with article 19 of the Vienna convention 1969, the Secretary – General, as depositary, informs the state concerned of the reservation by depositary, informs the state concerned of the reservation by depositary, informs the state concerned of the reservation by depositary notification, including by e-mail.

Generally, human rights treaties do not contain provision’s relating to reservations

Objections to reservation

Where a treaty is silent on reservations and reservation is formulated and subsequently circulated the states concerned have 12 months to object to the reservation, beginning on the date of the depositary notification or the date on which the state expressed its consent to be bound by the treaty whichever is later26.

Where a state concerned lodges an objection to a treaty with the Secretary – General after the end of the 12-month period, the secretary General circulate it as a “communication”

Effect of Objection on entry into force of reservation

An objection to a reservation “....does not preclude the entry into force of the treaty as between the objecting and reservation state unless a contrary intention is definitely expressed by the objecting state” 27.

Normally, to avoid uncertainty, an objecting state specifies whether it objection to the reservation precludes the entry into force of the treaty between itself and the reserving state.

The Secretary-general circulates such objections. If a state does not object to a reservation made by another state, the first state is deemed to have tacitly accepted the reservation28.

Withdrawal of reservation

A state may, unless the treaty provides otherwise withdraw its reservation or objection to a reservation completely or partially at any time. In such a case, the consent of the states concerned is not necessary for the validity of the withdrawal29. The withdrawal must be formulated in writing and signed by the Head of the State, Head of Government or Minister for Foreign Affairs or a person having full powers for that purpose issued by one of the authorities. The Secretary – general, as depositary, circulate a notification of a withdrawal to all states concerned.

Article 22 (3) of the Vienna convention 1969 provides that the withdrawal of a reservation becomes operative in relation to another state only when that state has been notified of the withdrawal, similarly the withdrawal of an objection to a reservation becomes operative when reserving state is notified of the withdrawal.

Modifications to reservations

An existing reservation may be modified so as to result in a partial withdrawal or to create new exemptions from, or modifications of, the legal effects of certain provisions of a treaty a modification of the latter kind has the nature of a new reservation. The secretary – general as depositary circulates such modification and e the states concerned a specific period within which to object to them. In the absence of objections, the Secretary General accepts the modification in deposit.

In the past, the secretary-general’s practice as depositary had been to stipulate 90 days as the period within which the states concerned could object to such a modification. However, since the modification of a reservation could involve complex issues of law and policy, the Secretary –General decided that this time was inadequate. Therefore, on 4 April 2000, the Secretary –General advised that the time provided for objections to modifications would be 12 months from the date of the depositary notification containing the modification. e.g. the modification of a reservation made by a state upon its accession to the second optional protocol to the international covenant on civil and political rights, aiming at the abolition of death penalty 1989 (depositary notification C.N 934.200 TREATIES-15).

In keeping with the depositary practice followed in similar cases, the Secretary-General proposes to recurs the modification in question for deposit in the absence of any objection on the part of any of the contracting states, either to the deposit itself or to the procedure envisaged, within a period of 12 months from the date of the present depositary notification. In the absence of any such objection, the above modification will be accepted for deposit upon the expiration of the above stipulated 12 months period that is on 5 October 2001.

2.4 Interpretative declaration

A state may make a declaration about its understanding of a matter contained in or the interpretation of a particular provision in a treaty. Interpretative declarations of this kind, unlike reservations, do not purport to exclude or modify the legal effects of a treaty. The purpose of an interpretative declaration is to clarify the meaning of certain provisions or of the entire treaty. Some treaties specifically provide for interpretative declarations. For example when signing ratifying or acceding to the United Nations Convention on Law of Sea, 1982, a state may make declaration of that convention, provided that such declarations or statements do not purport to exclude or modify the legal effect of the provisions of the convention in their application to that state. A distinction has been drawn between “mere interpretative declarations and ‘qualified’ interpretative declarations, with the latter category in certain circumstances of constituting reservations in the Anglo-French Continental Shelf Case30 the Arbitral Tribunal emphasized that French reservations to article 6 of the Geneva Convention on the Continental Shelf 1958, challenged by the UK had to be constructed in accordance with the natural meaning of their terms31.

The UK contended that the third French reservation to article 6 (which concerned the non applicability of the principle of equidistance in areas of ‘special circumstances’ as defined by the French government, naming specially inter alia the Bay of Granville) was in reality only an interpretative declaration. The tribunal, however, held that although this reservation contained elements of interpretation; it also constituted a specific condition imposed by France on its acceptance of the article 6 delimitation regimes. This went beyond mere interpretation as it made the application of that regime dependent upon acceptance by other states of France’s designation of the named areas as involving or modify the legal effect of certain treaty provisions with regard to their application by the reserving state and thus constituted a reservation.

Optional and mandatory declarations

Treaties may provide for states to make optional declarations that are legally binding upon them. In most cases, these declarations relate to the competence of human rights commissions or committees, e.g. article 41 of the international covenant on civil and political rights 1966:

A state party to the present covenant may at any time declare under this article that it recognizes the competence of the committee to receive and consider communications to the effect that a state party claims that another state party is not fulfilling its obligations under the present covenant.

Mandatory declarations

Where a treaty requires a state becoming a party to it to make a mandatory declaration, the Secretary-General, as depositary, seeks to ensure that they make such declarations. Some disarmament and human rights treaties provide for mandatory declarations, as for example, article 3 of the convention on the prohibition of the Development Production Stock Pilling and use of Chemical Weapon and their Destruction, 1992. Article 3(2) of the optional protocol to the convention on the rights of the child on the involvement of Children in armed conflict, 2000, provides “each state party shall deposit a blinding declaration upon ratification of accession to this protocol that sets forth the minimum age at which it will or permit voluntary recruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced.

Mandatory declarations also appear in some treaties on the law of sea.

Time for formulating declarations

Declarations are usually deposited at the time of signature or at the time of deposit of the instrument of ratification, acceptance, approval or accession, sometimes a declaration may be lodged subsequently.

Form of declaration

Since an interpretation declaration does not have a legal effect similar to that of a reservation, it need not be signed by a formal authority as long as it clearly emanates from the state concerned. Nevertheless, such a declaration should preferably be signed by the Head of State, Head of Government or Minister for foreign affairs or a person having full powers for that purpose issued by one of the above authorities. This practice avoids complications in the event of a doubt whether the declaration in fact constitutes a reservation.

Optional and mandatory declarations imposed legal obligations on the declarations on the declarant and therefore must be signed by the Head of State, Head of Government or Minister for Foreign Affairs or by a person having full power for that purpose issued by one of the above authorities.

Notification of declarations by the depositary

The Secretary –General as depositary reviews all declaration to treaties that prohibit reservations to ensure that they are prima- facie not reservations.

Where a treaty is silent on or authorizes reservations, the secretary general make no determination about the legal status of declaration relating to that treaty. The secretary –general simply communicates the text of the declaration to all states concerned by depositary notification, including by e-mail allowing those states to draw their own legal conclusions as to its status.

Objection of declaration

Objection to declarations where the treaty is silent on reservations.

States sometimes object to declaration relating to a treaty that is silent on reservations. The Secretary-General, as depositary, circulates any such objection, for example, the Federal Republic of Germany made declarations to certain treaties with the effect of extending the provisions of those treaties to West Berlin.

The Union of Soviet Social Republics objected to the declarations. Objections generally focus on whether the statement is merely an interpretative declaration or is in fact a true reservation sufficient to modify the legal effects of the treaty. If the objecting state concludes that the declaration is a reservation and / or incompatible with the object and purpose of the treaty, the objecting state may prevent the treaty from entering into force between itself and the reserving state.

However, if the objecting state intends this result, it should specify it in the objection. e.g. the objection by a state to a declaration made by another state upon its accession to the convention against torture and other cruel inhuman or degrading treatment or punishment 1984 (depositary notification C.N. 910. 1999. TREATIES-13):

The Government of (name of state) notes that the declaration made( name of state) in fact constitutes a reservation since it is aimed at precluding or modifying the legal effect of certain provisions of the treaty. A reservation which consists in a general reference to domestic law without specifying its contents does not clearly indicate to the other parties to what extent the state which issued the reservation commits itself when acceding to the convention. The Government of (name of state) considers the reservation of (name of state) incompatible with the objective and purpose of the treaty, in respect of the which the provisions relating to the right of victims of acts of torture to obtain redress and compensation, which ensure the effectiveness and tangible realization of obligations under the convention are essential, and subsequently lodges an objection to the reservation and entered by (name of state ) regarding article 14, paragraph 1, this objective does not prevent the entry into force of the convention between (name of state) and ( name of state ).

An objecting state sometimes requests that the declarant “clarify” its intention. In such a situation, if the declarant agrees that it has formulated a reservation it may either withdraw its resurrection or confirm that its statement is only a declaration.

CHAPTER THREE

3.1 ENTRY INTO FORCE OF A TREATY

A typical clause of entry into force can be found in Article 84 of the Vienna convention itself, which read:

1.   The present convention shall be entered into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of reification.

2.   For each ratifying or acceding to the conversion after the deposit of the thirty fifth instrument of reification or accession, the conventions shall enter into force on the thirtieth day after deposit by such state of its instrument of ratification or accession.

The state parties- primarily the contracting states “contracting state” means a state which has consented to be bound by the treaty, whether or not the treaty has entered into force 1; can also agree to apply a treaty provisionally pending its entry into force2; this agreement can be laid down in the treaty itself or in another way. If this done in the treaty itself, the agreement enter into force with it signature (and which in this case remains, of course, subject to ratification). For reasons to be fund in their own domestic legislation it is not possible for some states-Austria, for instance- to apply international convention provisionally.

It should be mentioned that there are constitution like that of Portugal (which do not authorize states to express their consent through all of the means enumerated in article 11 of Vienna convention.

“The consent of a state to be bound by a treaty may be expressed by signature, exchange of instruments, constituting a treaty, ratification, acceptance, approval or accession, by any other means if so agreed” 3

Hence for Portugal there is only a possibility to ratify or approve a treaty. since this is the result of force a domestic provision, a consent which would be expressed in a different manner would not be flawed from point of view of international treaty law, because the ways and means to express consent are already determined by customary international law and not only by the Vienna Convention to which by the way, Portugal is not party.

Definitive entry into force.

Typically, the provisions of a multilateral treaty determine the date upon which the treaty enters into force. Where a treaty does not specify a date or provide another method for its entry into force, the treaty is presumed to be intended to come into force as soon as all negotiating states have consented to be bound by the treaty.

Treaties, in general, may enter into force:

(a) Upon a certain number of states depositing instrument of ratification approval, acceptance or accession with the depositary e.g. Article viii of the protocol relating to the status of refugees, 1967;

“The present protocol shall come into force on the day of deposit of the sixth instrument of accession.”

(b) Upon a certain percentage, proportion or category of states depositing instrument or ratification, approval, acceptance or accession with the depository;

e.g. “This treaty shall enter into force 180 days after the date of deposit of the instrument of ratification by all states listed in Annex 2 to this treaty, but in case earlier than two years after its opening for signature.4”

(c) A specific time after a certain number of states have deposited instrument of ratification acceptance, approval or accession with the depositary:-

e.g. “This stature shall enter into force on the first day of the deposit of the 60th instrument of ratification, acceptance approval or accession the Secretary –General of the United Nation .”5

(d) On a specific date

e.g. “This Agreement shall enter into force definitively on 1 October 2001 if by that date Governments representing at least 15 exporting member holding at least 70 percent of the votes of the exporting members and at least 10 importing members holding at least 70 percent of the votes to the importing members, calculated as at 25 September 2001, without reference to possible suspension under the terms of Articles 25 and 42, have deposited instruments of ratification, acceptance or approval ........’’6

Once a treaty has entered into force, if the number of parties subsequently falls below the minimum number specified for entry into force, the treaty remains in force unless the treaty itself provide otherwise.

“Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the fact that the number of the parties falls below the number necessary for its entry into force7”

Entry into force a state

Where a state definitively signs or notifies, accepts, approves or accedes to a treaty that has already entered into force, the treaty enters into force for the state according to the relevant provisions of the treaty. Treaties often provide for entry into force for a state in these circumstances:

(a) At a specific time after the date the state definitively signs or deposits its instrument of ratification, acceptance, approval or accession.

“For each state ratifying, accepting, approving or acceding to this statute after the deposit of the both instrument of ratification, acceptance, approval or accession, the statute shall enter into force on the first day of the month after both day following the deposit by such state of its instrument of ratification acceptance, approval or accession.

(b) On the date state definitively signs or deposits its instrument of ratification, acceptance, approval or accession,

e.g. articles viii of the protocol relating to the statutes of refuges, 1969

“For each state acceding to the protocol after the deposit of the sixth instrument of accession, the protocol shall come into force on the date of deposit by such of its instrument of accession’’.

Provision entry into force

It is noted, nevertheless, that some treaties include provisions for their provisional entry into force. This enables states that are ready to implement the obligation under a treaty to do so among themselves, without waiting for the minimum number of ratification as necessary for its formal entry into force, if this number is not obtained within a given period.

See e.g. the International Coffee Agreement 1994 as extended until 30 September 2001, with modification, by Resolution no. 384 adopted by the international coffee council in London on 21 July 1999, 1994. Once a treaty has entered into force provisionally, it creates obligations for the parties that agreed to bring it into in that manner.

Dispute resolution and compliance mechanisms

Many treaties contain detailed dispute resolution provisions, but some contain only elementary provisions.

Where a dispute controversy or claim arises out of a treaty (for example due to breach error fraud, performance issues e.t.c) these provisions become extremely important if a treaty does not provide a dispute resolution mechanism article 66 of the Vienna Convention 1969 may apply.

Treaties may provide various dispute resolution mechanisms such as negotiation, consultation, conciliation, use good offices, panel procedures, arbitration ,judicial, settlement, reference to the international court of justice, e.t.c. for instance articles 119 (20) of the Rome statute of the international criminal court, 1998 provides that:

“Any other dispute between two or more states parties relating to the interpretation of this statute which is not settled through negotiations within three months of their commencement shall be referred to the Assembly of states parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the international court of justice in conformity with statute of that court”.

In some recent concluded treaties, detailed compliance mechanisms are included. Many disarmament treaties and some environmental treaties provided compliance mechanism, for example, by imposing monitoring and reporting requirement e.g. Article 8 of the Montreal protocol on substances that Deplete the Ozone layer 1987, which provide that the parties “................... shall consider and approve procedures and institutional mechanisms for determining non compliance with the provisions of this protocol and for treatment of parties found to be in non compliance’’. During the fourth meeting of the parties to the Montreal protocol on substances that Deplete the Ozone Layer (Copenhagen 1992) the parties adopted a detailed non compliance procedure 8.

Many human rights treaties provide for independent committees to oversee the implementation of their provisions. For example, the conventions of the Elimination of All forms of Discrimination Against Women, 1979: The optional protocol to the convention on Elimination of All forms of Discrimination Against Women (1999) and the International Convenient on Civil and Political Rights 1966.

3.2 Amendment of Treaties

Applications of the principles of free consent and good faith with regard to the amendment of treaties, the rules concerning the conclusion of treaties (Articles 6 to 25 of the Vienna Convention 1969, equally apply for the amendment of treaties.

“A treaty may be amended by agreement between the parties. The rules laid down in part ii apply to such an agreement except in so far as the treaties may otherwise provide “9

Because of the principle of free consent, the state parties are free to create specific norms for the amendment of their treaty or treaties such an agreement can be entered into force.

Ø   either implicitly

Ø   or explicitly

Both orally and in written forms (the Vienna convention, however is only in written form).

This agreement can authorize the amendment to the original treaty as well as it can prohibit or restrict amendment. Nevertheless, agreement concerning the amendment of treaties can also be subject to amendments themselves.

Amendment

An amendment is done implicitly when the states parties conclude successive treaties relating to the same-subject –matter. Unless otherwise provided for in an agreement, the earlier treaty applies only to the provisions are compatible with the later treaty (in conformity with the Latin maxim lex posterior derogate legi priori according to which ‘the later treaty prevails over an earlier one if both regulate the same subject –matter’ Article 30(3)

In view of the provisions concerning explicit amendments between certain parties only (Articles 41) the implicit amendment must be considered as problematic, since it does not warrant the same transparency in the course of negotiation:

In particular, parties which want to modify treaty in accordance with Article 41, Para 2 have to notify the other parties of their intention.

This provisions aims at ensuring that negotiations are conducted in good faith with parties being aware of the relevant circumstances.

The explicit amendment

For bilateral treaties the rule incorporated in Article 39 according to which a treaty can be amended by agreement between the parties seems sufficient. As for multilateral treaties, one can envisage two types of situation.

Ø   Either two or more states make a proposal for amendment designed to enter into force for all state parties

Ø   Or they intend to modify the treaty only between themselves.

In both cases, in view of the good faith principle, the acting parties have to notify the others of their intentions to conclude the agreement and of the envisage modification to the treaty (Article 40(2) and 42(2)).

According to the principle that agreements do not bind parties which are not privy to it, (Article 34 repeated in articles 30(4) (6) pacta tertiis nec nocent nec prosunt) a modification agreed upon between certain states cannot bind other states which have not approved the modification or amendment (Article 40(4), despite the fact that latter are parties to the original treaty.)

Out of respect for the principles of free consent and good faith, an agreement aiming at a modifying a multilateral treaty only between certain of its parties must not infringe:

Ø Neither upon the rights and obligations of the parties to the original treaty.

Ø   Nor upon its object and purpose (Article 41(1)(b) ii) a vague concept, which is reiterated in the articles 18, 19, and 31 (1)

Amendment treaties that have entered into force

An amendment procedure within a treaty may contain provisions governing the following:-

(a) Proposal of amendments

e.g. Article 12 (1) of the optional protocol to convention on the Rights of Child on the involvement of children in armed conflict 2000, provide that:

“Any state party may propose an amendment and file it with the secretary-general of the United Nations. The secretary-general shall there upon communicate the purpose amendment to states parties with a request that they indicate whether they favour conference of states parties for the purpose of considering and voting upon the proposal ...........

(b) Circulating of proposal of amendments

Normally, the relevant treaty secretariat circulates proposals of amendment. The treaty secretariat is the best position to determine the validity of the amendment proposed and undertakes any necessary consultation. The treaty itself may detail the secretariat’s role in this regard. In the absent of circulation of the amendment by the treaty body, the Secretary –General, as the depositary, may perform this function.

(c) Adoption of amendments

Amendments may be adopted by states parties at a conference or by an executives body such as the executive’s arm of the treaty. For instance, article 13(4) of the convention on the prohibition of the use, stockpiling production and transfer of Anti-Personnel Mines and on their Destruction, 1997, states that:

“Any amendment to this convention shall be adopted by a majority of two thirds of the state parties present and voting at the Amendment conference. The Depositary shall communicate any amendment so adopted to the state parties”

(d) Parties’ consent to be bound by amendments

Treaties normally specify that a party must formally consent to be bound by an amendment, following adoption, by depositing an instrument of ratification, acceptance or approval of the amendment.

For instance article 39(3) of the United Nation Convention against Transnational Organized Crime, 2000, states that:

“An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by states parties”10

(e) Entry into force of amendment

An amendment can enter into force in a number of way e.g. upon:

i.        Adoption of the amendment;

ii. Elapse of a specified time of period (30 days, the months e.t.c)

iii. Its assumed acceptance by consensus if, within a certain period of time following its circulation, none of the parties to the treaty objects;

iv. Deposit of a specified number of instruments of ratification, acceptance or approval e.t.c.

e.g. article 20(4) of the Kyoto protocol to the United Nation frame work convention on climate change 1997, states that:

“Instruments of acceptance in respect of an amendment shall be deposited with the Depository. An amendment adopted in accordance with paragraph three above shall enter into force for those parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of acceptance by at least three fourths of the parties to protocol.’’

(f) Effects of amendments

There are two approaches to the amendment depending on the treaty provisions, an amendment to a treaty may, upon its entry into force, bind:

i.        Only those states that formally accepted the amendment.

ii. In rare cases, all states parties to the treaty.

(g) States that become parties after the entry into force of an amendment.

Where a state becomes party to a treaty which has undergone amendment, it becomes party to the treaty as amended, unless otherwise indicated. The provisions of the treaty determine which state is bound by the amendment.

e.g. article 13(5) of the convention on the prohibition of the use, stockpiling, production and transfer of Anti-personnel mines and on their Destruction 1997, states that:

“An amendment to this convention parties to this convention, which have accepted it, upon the deposit the Depositary of instrument of acceptance by a majority of state parties. Thereafter it shall enter into force for any remaining state party on the date of deposit of its instrument of acceptance”.

Amending treaties that have not entered into force

Where a treaty has not been entered into force it is not possible to amend the treaty pursuant to its own provisions. Where states agree that the test of a treaty needs to be revised subsequent to the treaty’s adoption, but prior to its entry into force, signatories and contracting parties many meet to adopt additional agreements or protocols address the problem.

While contracting parties and signatories play an essential role in such negotiations it is not unusual for all interest countries to participate.

For example the agreement relating to the implementation of part xi of the United Nations convention on the law of sea of 10 December 1982 and 1994.

Determining the date on which an amendment enter into force

The Secretary-General as depositary, is guided by the amendment provisions of a treaty in determining when an amendment to the treaty enters into force. Many treaty specify that an amendment enters into force when a specified number of ratifications, acceptances or are received by the depositary.

However, where the amendment provision specifies that entry into force occurs when a certain proportion of the parties to a treaty have ratified, accepted or approved the amendment then the determination of the time of entry into force becomes less certain.

For example, if an amendment is to enter into force after two- third of the parties have expressed their consent to be bound by it, does this means two-thirds of the parties to the treaty at the time the amendment is adopted? or two-third of the parties to the treaty at any given point in time following such adoption? In these cases, it is the secretary- general’s practice to apply the latter approach, sometime called the current time approach. Under this approach, the secretary general as depositary, counts all parties at any given time in determining the time an amendment enters into force.

Accordingly, state that become parties to a treaty after the adoption of an amendment but before its entry into force are also counted. As far back as 1973, the secretary-general, as depositary, applied the current time approach to the amendment of Article 61 of the charter of the United Nations.

3.3 Withdrawal and Denunciation

In general terms, a party may withdrawal from or denounce a treaty:

(a) In accordance with any provisions of the treaty enabling withdrawal or denunciation.

The termination of a treaty or the withdrawals of a party to a treaty make take place:

i.        In conformity with the provision of the treaty or

ii. At any time by consent of all the parties after consultation with the other contracting state: 10

(b) With the consent of all parties after consultation with all contracting states 11

(c). In the case of a treaty that is silent on withdrawal or denunciation, by giving at least 12 month’s notice, and provide that:

i. It is established that the parties intended to ad mint the possibility of denunciation or withdrawal or

ii. A right of denunciation or withdrawal may be implied by the nature of the treaty 12

State wishing to invoke article 56 of the Vienna Convention 1969 (c) (i) and (ii) carry the burden of proof.

Some treaties, including human rights treaties, do not contain withdrawal provision. For example the international covenant on civil and political right 1996. The secretary-general as, depositary has taken the view that it would not appear possible for a party to withdraw from such a treaty except in accordance with article 54 or 56 of Vienna conversion 1969.

Where a treaty contains provision on withdrawer the secretary- general is guided by this provisions. For example, article 12(1)of the Optional Protocol to the International Convention and on Civil and Political Right 1996, provides for denunciation by the state parties as following :

“Any State party may denounce the present protocol at any time by written notification addressed to the secretary general of the United Nation. Denunciation shall take effect three month after the date of receipt of the notification by the secretary-general”

Provision has been used by state to notify the Secretary –general of its intention to denounce the protocol.

3.4 Termination of treaties

Treaties can be terminated through the following means:

(a) Error

An error is a mistaken impression of facts which nullifies consensus

“A state may invoke an error if it relates to a fact of situation which was assumed by that state to exist at the time when the treaty was concluded and formed an essential basis of it consent to be bound”13

This provision echoes the adage “Omnis convention intelligitur sic stantibus’’. “A genuine consensus only exists where all essential facts were equally known by all parties”. Nevertheless, a state may only invoke an error, if it has not contributed to it by its own conduct.

(b) Deceit

Like an error, fraud leads to a mistaken impression of reality, but unlike the former, it is the consequence of a deception by the other party of parties.

The state party victim of such an act is entitled to invoke fraud as invalidating its consent to be bound by the treaty14 the corruption of state representative perverts the relationship of agency existing between this person and the state from which he has the authorization to act on its behalf. Corruption can occur either directly or indirectly, and in order to be invoked, it must be at the origin of the expression of a consent to be bound by a given treaty.

Within the boundaries set by articles 44(4) deceived states are entitled to invalidate either the whole treaty or only part thereof. In case of coercion or of treaties conflicting with jus cogens, the possibility of making such a choice is not foreseen, hence, only the treaty as a whole is voidable.15

(c) Coercion

This most quoted example of a coercive measures takes against a state representative (Article 51) are the threats formulated against the Czechoslovak president Hacha in order to have him agree on the end of an independent Czechoslovakia.

“A treaty is void if its conclusion has been procured by the threat or used of force in violation of the principle of international law embodies in the charter of United Nations”16

Such a coercion is indeed prohibited by Article 2(4) of the charter of the United Nations. Since consensus for the inclusion of a definition of “threat” in the convention itself was lacking, the united nations conference on the law of treaties adopted.

Principle of the rebus sic stantibus clause.

According to this principle (understood in a broad sense) extra ordinary circumstances can lead to the termination of the treaty. These circumstances can consist either in a material breach of a given treaty by one of the states parties17, in a permanent disappearance of an object indispensable for the execution of the treaty (Article 61) or in a fundamental change of circumstance (Article 62). Clausula rebus sic stantibus understood in a narrow sense –“A fundamental change of circumstance can also occur in the case of the outbreak of hostilities between the state parties. However this fact cannot be invoked as a ground for terminating a treaty, if it has been concluded with regard to the possible outbreak of an armed conflict as in the case of the Geneva convention of 12 August 1949, or the Hague convention of 1899 and 1907.

The rebus sic stantibus clause can be considered as an implicit reservation generally affecting the consent expressed by a state to be bound by a treaty. It seems worthwhile mentioning in this context that Argentina has made a reservation to Article 62 in which it made plain that she would not accept the idea that a fundamental change of circumstances which has occurred with regard to those existing at time of the conclusion of a treaty, and which was not for seen by the parties, may be invoke as a ground for terminating or withdrawing from the treaty.

However according to Article 62(2) (a) of Vienna convention of 1969, (rebus sic statibus clause understood in a neurons sense) a fundamental change of circumstances may not be invoked in the case of boundary treaties the reason being that pelting into question international boundaries can be lead to a peace threatening situation, because it jeopardizes the principle of territorial integrity. Hence, the Vienna convection on succession of states in respect of treaties of 1978 has restated the rule that a succession of states does not affect as such a boundary or any other territorial regime established by a treaty.

The international court in Fisheries Jurisdiction Case18 declared that “International law admits that a fundamental change in the circumstances which determined the parties to accept a treaty, if has resulted in a radical transformation of the extent of the obligations. Imposed by it, may under certain circumstance, conditions, afford the party affected a ground for invoking the termination or suspension of the treaty”19

Before the doctrine may be applied, the court continued, it is necessary that such changes must have increased the burden of the obligations to be executed to the extent of rendering the performance something essentially difference from that originally undertaken20.

3.5        Registration of Treaties

Depositing a multilateral treaty with the Secretary -General can take the following mode:

1.   Well before the treaty is adopted, contact the treaty section, including on the question of the secretary –general acting as depositary and the final clauses.

2.   Deliver a copy of the treaty, (in particular, the draft final clauses of the treaty) to treaty section for review in the authentic languages of the treaty.

3.   Following adoption, deposit the original treaty in all authentic languages with the treaty section on order for the treaty section to prepare authentic texts and certified true copies in time for signature, provided camera-ready copies of the treaty as adopted ( hard copy and electronic format-Microsoft word 200)

Article 102 of the charter of the United Nations provides that:

1. Every treaty and every international agreement entered into by any member of the united nations after the present charter comes into force shall as soon as possible be registered with the secretary and published by it.

2. No party to any such treaty or international agreement, which has not been registered in accordance with the provisions of paragraph 1 of this article, may invoke that treaty or agreement before any organ of the United Nations.

Thus, states members of the United Nations have a legal obligation to register treaties and international agreements with the secretariat, and the secretariat is mandate to publish registered treaties and international agreement. Within the secretariat, the treaty section is responsible for these functions.

Registration, not publication is the prerequisite for a treaty or internationals agreement to be capable of being invokes before the international court of justice or any other organ of the united nations.

The objective of article 102, which can be traced back to article 18 of the covenant of the League of Nations, is to ensure that all treaties and international agreement remain in the public domain and thus assist in eliminating secret diplomacy. The charter of the United Nations was drafted in the aftermath of the Second World War. At that time secret diplomacy was believed to be a major cause of international instability.

Regulations to give effect to article 102

Recognizing the need for the secretariats to have uniform guidelines for implementing articled 102, the general assembly adopted certain regulation to give effect to article 102.

The Regulations treat the act of registration and the act of publication as two distinct operations. Parts one and two of the regulations deal with registration all filling and recording, part three of the regulations relates to publication.

Role of secretariat on registration of treaty

When the secretariat receives instruments for the purpose of registration, the treaty section examines the instruments to determine whether they are capable of being registered. The secretariat general respects the view of a party submitting an instrument for registration that, in so far as that party is concerned the instrument is a treaty or an international agreement within the meaning arch instrument to satisfy itself that it, prima facie, constitutes a treaty. The secretariat has the discretion to refrain from taking action if in its view, an instrument submitted for registration does not constitute a treaty or an international agreement or does not meet all the requirements for registration stipulated by the regulations.

Where an instrument submitted fails to comply with the requirements under the regulations or is unclear, the secretariat places it in a “pending” file. The secretariat then requests clarification, in writing from the submitting party. The secretariat will not process the instrument until receives such clarification.

Where an instrument is registered with the secretariat, this does not imply a judgment by the secretariat of the nature of the instrument the status of a party or any similar question. Thus, the secretariats acceptance for registration of an instrument does not confer on the instrument the status of a treaty or an international agreement if it does not already process that status, similarly registration does not confer on a party to a treaty or international agreement a status that it would not otherwise have.

Form

The charter of the United Nations does not define the terms treaty or international agreement. Article 1 of the regulations proves guidance on what comprise a treaty or international agreement by adding the phrase; whatever its form and descriptive name therefore, the title and form of a document submitted to the secretariat for registration are less important than its content in determent whether it is a treaty or international agreement. An exchange of notes or letters a protocol, an accord, a memorandum of understanding and even a unilateral declaration may be registrant under article 102.

Parties

A treaty or international agreement under article 102 (other than a unilateral declaration) must be concluded between at least two parties possessing treaty-making capacity. Thus, a sovereign state or an international organization with treaty-making capacity can be a party to a treaty or international agreement. Many international organization established by treaty or international agreement have been specifically or implicitly, conferred treaty –making capacity, similarly, some treaties recognise, the treaty –making capacity of certain international organizations such as the European community. However, an international entity established by treaty or international agreement may not necessarily have the capacity to conclude treaties.

Intentions to create legal obligation under international law.

A treaty or international agreement must impose on the parties legal obligations binding under international law as opposed to mere political commitments it must be clear on the face of the instrument whatever its form, that the parties intend to be legally bound under international law. In one instance, the secretariat concludes that an instrument submitted for registration, which contained a framework for creating an association of parliamentarians, was not registrable under article 102. Accordingly, the instrument was not registered. The secretariat determined that the document submitted was not a treaty or international agreement among international judicial persons to create rights and obligations enforceable under international law.

Registration with the secretariat

Under article 102 of the charter of the United Nations treaties and international agreements of which at least one party is a member of the United Nations may be registered with the secretariat, provided that the treaty or international agreement has entered into force between at least two of the parties and the other requirements for registrations are met.

As mentioned above, members of the united nation are obliged to register under article 102, all treaties and international agreements concluded after the coming into force of the charter of the United Nations, thus the onus to register rests with states members of the United Nations, Although this obligation is mandatory for states members of the united nation it does not preclude international organizations with treaty-making capacity or non-member states from submitting for registration under article 102 treaties or international agreement entered into with a state member.

A specialized agency is permitted to register with the secretariat a treaty or international agreement that is subject to registration in the following cases ( article 4(2) of Regulation);

a. Where the constituent instrument of the specialized agency provide for such registration;

b. Where the treaty or agreement has been registered with the specialized agency pursuant to the terms of its constituent instrument ;

c. Where the specialized agency has been authorizes by the treaty or agreement to affect registration.

In accordance with article 1(3) of the Regulations, which provides for registration to be effected “...... by any party ...” to a treaty or international agreement, the specialized agency may also register those treaties and international agreement to which itself is a party.

Filing and recording by the secretariat

The secretariat files and records treaties or international agreements voluntarily submitted to the secretariat and not subject it registration under article 102 of the charter of the united nation or the regulation.

The requirements for registration in relation to submission of treaties and international agreements for registration in relation to submission of treaties and international agreement for registration apply equally to submission of treaties and international agreement for filing and recording.

Article 10 of the Regulations provides for the secretariat to file and record the following categories of treaties and international agreements where they are not subject to registration under Article 102

(a) Treaties or international agreement entered into by the United Nations or by one or more of the specialized agencies,

This covers treaties and international agreement. Between;

i. The united nation and non-member state;

ii. The united nations and specialized agencies or international organizational

iii. Specialized agencies and non-member state;

iv. Two or more specialized agencies, and

v. Specialized agencies and internationals organizations.

Although not expressly provide for in the regulation, it is also practices of the secretariat to file and record treaties or international agreements between two or more international organizations other than the United Nations or a specialized agency.

(b). Treaties or international agreement transmitted by a member of the united nations which were entered into before the coming force of the charter of the limited nations but which were not included in the treaty series of the League of Nation; and

(c). Treaties or internationals agreements transmitted by a party not a member of the United Nations, which were entered into or after the coming into the force of the United Nation and which were not included in the treaty series of the League of Nations

Ex officio registration by the United Nations

Article 4 (a) of the regulations provides that every treaty or international agreement that is subject to registration and to which the United Nations is a party shall be registered ex- officio. Ex- officio registration is the act where by the United Nations unilaterally registers all treaties or international agreements to which it is the a party, although not expressly provided for in the regulation, it is the practice of the secretariat to register ex- officio subsequent action relating to a treaty or international agreement that the united nations has previously registered ex- officio.

Where the secretary- general is the depositary of a multilateral treaty or agreement, the united nation also register ex- officio the treaty or international agreement and subsequent action to it after the relevant treaty or international agreement has entered into force.

Subsequent actions, modifications and agreements

Subsequent action affecting a change in the parties to, or the terms, scope or application of, a treaty or international agreement previously registered can be registered with the secretariat. For example, such action may involve ratification, accessions, prorogation, extensions to territories or denunciations, in case of bilateral treaties; it is generally the party responsible for the subsequent action that registers it with the secretariat. However, any other party to such agreement may assume this role. In case of a multilateral treaty or agreement, the entity performing the depositary function usually affects registration of such action. Where a new instrument modifies the scope or application of a parent’s agreement, such new instrument must also be registered with the secretariat. It is clear from article 2 of the regulations that for the subsequent treaty or international agreement to be registered the prior treaty or international agreement to which it relates must first be registered in order to maintain the organizational continuity, the registration number that has been assigned for the registration of the parent treaty or international agreement is also assigned to the subsequent treaty or international agreement.

Requirements for registration

An instrument submitted for registering must meet the following general requirement.

1. Treaty or international agreement within the meaning of Article 102 as mentioned above the secretariat reviews each document submitted for registration to ensure that it falls within the meaning of treaty or international agreement under Article 102.

2. Certifying statement, Article 5 of the regulations requires that a party or specialized agency registering a treaty or international agreement certify that the text is a true and complete copy thereof and includes all reservations made by parties there to;

the certified copy must include;

(a) The title of the agreement;

(b) The place and date of conclusion;

(c) The date and method of entry into force for each party; and

(d) The authentic language s in which the agreement was drawn up.

When reviewing the certifying statement the secretariat requires that all enclosures such as protocols, exchanges of notes, authentic text annexes e.t.c,; mentioned in the text of the treaty or international agreement as forming a part thereof, are appended to the copy transmitted for registration.

The secretariats bring the omission of any such enclosures to the attention of the registering party and defer action on the treaty or international agreement until the material is complete.

3. Copy of Treaty or International Agreement

Parties must submit ONE certified true and complete copy of all authentic text (s) and TWO additional copies or ONE electronic copy to the secretariat for registration purposes. The hard copy version(s) should be capable of being reproduced in the united nations treaty series.

Further to General Assembly Resolution 53/100, the secretariat strongly encourage parties to submit, in addition to a certified true copy on paper an electronic copy i.e. on computer diskette, CD or as an attachment by e-mail, of the submitted documentation. This assist greatly in the registration and publication process. The preferred format for a treaty or international agreement submitted on diskette is word perfect 6.1 for windows, as this is the system that is used in the publication of the United Nations Treaty series 21.

Treaties may also be submitted in Microsoft word for Windows or as a text file (the generic ASCII text format for saving document)

4. Date of entry into force.

The documentation submitted must specify the date entry into force of the entry or international agreement. A treaty or international agreement will only be registered after it has entered into force.

5. Method of entry into force.

The document submitted must specify the method of entry into force of the treaty or international agreement. This is normally provided in the text of the treaty or international agreement.

6. Place and date of Conclusion.

The document submitted must specify the place and date of conclusion of treaty or international agreement. This is generally inserted on the last page immediately above the signature; the names of the signatories should be specified unless they are in types form as part of the signature block.

Database and record.

The database of instrument registered and the record of instruments file and recorded are kept in English and French The database and record contain the following information, in respect of each treaty or international agreement.

a. Date of receipt of the instrument by the secretariat of the united nations.

b. Registration number or piling and recording number,

c. Title of instrument

d. Name of the party

e. Date and place conclusion,

f. Date of entry into force,

g. Existence of any attachment, including reservation and declaration

h. Language in which it was draw up

i. Name of the party or specialized agency registering the instrument or submitting it for filling and recording and,

j. Date of registration of filling and recording.

Date of effect of registration

Under article 6 of the regulation the date the secretariat of the united nation receives all the specified information relating to the treaty or international agreement is deemed to be the date of registration. A treaty or international agreement registered ex-officio by the united nations is deemed to be registered on the date on which the treaty or international agreement come into force between two more of the parties thereof. However, if the secretariat receives the treaty or international agreement after the date of its entry into force, the date of registration is the first available date of the month of receipt.

In accordance with article 1 of the regulations, registration is effected by a party and not by the secretariat. The secretariat makes every effort to complete registration on the date of submission. However, due to certain factors including volume of instruments deposited, need for translation, etc. a certain amount of time may elapse between the receipt of a treaty or international agreement and its inscription in the database.

In the cases where submissions are incomplete or defective, the date of registration to the treaty or international agreement is deemed to be the date of receipt of all the required documentation and information and not the date of original submission.

Certificate of registration

Once a treaty or international agreement is registered, the Secretariat issues to the registering party a certificate of registration signed by the secretary –General or a representative of the secretary General. Upon request the secretariat will provide such a certificate to all signatories and parties, to the treaty or international agreement. According to establish practice the secretariat does not issue certificates of registration in respect of treaties or international agreements that are registered ex-officio or filed and recorded.

PUBLICATION,

Monthly statement

Each month the secretariat publishes a statement of the treaties and international agreement registered, or filled and recorded, during the preceding month. The monthly statement does not contain the texts of treaties or international agreements, but provides certain attributes, in English and French, of the treaties or international agreements registered or filled and recorded, such as the

a.            Registration number or filling and recording number.

b.            Title of the instrument

c.            Names of the parties between whom it was concluded

d.            Date and place conclusion

e.            Date and method of entry into force

f.             Existence of any attachments, including reservations and declarations

g.            Languages in which it was drawn up

h.            Name of the parties or specialized agency registering the instrument or submitting it for filling and recording and

i.             Date or registration or filling and recording.

The monthly statement is divided into two parts, part 1 list the treaties registered, part 11 list the treaties filed and recorded. In coalition the monthly statement contains annexes A, B and C, annexes A and B are devoted to certified statement (e. g ratification’s or accessions) and subsequent agreements relating to treaties or international agreements registered or filled and recorded. Annex C list subsequent action relating to treaties or international agreements registered with the League of Nations.

UNITED NATIONS TREATY SERIES

Article 12 of the Regulations provides that the secretariat shall publish as soon as possible in the single series every treaty or international agreements that is registered, or filled and recorded. Treaties are published in the United Nations Treaty series in their authentic languages, followed by translations in English and French, as required. Subsequent actions are published in the same manner.

The secretariat requires clear copies of treaties and international agreements for publication purposes.

Limited publication

Originally, article 12 of the Regulations required the secretariat to publish in full all treaties and international agreements registered or filled and recorded with the secretariat. The general Assembly modified this framework in its resolution 33/141 of 19 December 1978 in light of the substantial increase in treaty making on the international plane and publication backlog that existed at the time (Report of secretary General document A/33/258/2 October 1978; paras 3 to 7)

According to article 12(2) of the regulations as amended in 1978, the secretariat is no longer required to publish in extenso, i.e. in full bilateral treaties failing within one of the following categories.

a. Assistance and co-operation agreements of limited scope concerning financial commercial, administrative or technical matters:

b. Agreement relating to the organization of conference, seminars or meetings;

c. Agreement that are to be published otherwise then in the (United Nations Treaty Series ) by the United Nation Secretariat or by a specialization or related agency.

The publication backlog continued to grow, however and in 1996 stood at 11 year i.e. an instrument registered in 1987 was scheduled to be published by 1998 (this backlog has been reduced to approximately 2½ year as at 2001). As a result, in 1997 the general Assembly extended the limited publication policy to multilateral treaties, so that the secretariat now has discretion not to publish in extenso bilateral and multilateral treaties or agreements falling with one of the categories listed under article 12(2) (a) to (c) (General Assembly Resolution A/RES/52 /153 of 15 December 1997).

The General Assembly .... 7 .. invites the Secretary General to apply the provisions of article 12, paragraph 2, of the regulations to give effect to Article 102 of the charter of the United Nations to multilateral treaties falling within the term of articles 12, paragraph 2(a) to (c)......

In determining whether or not a treaty or international agreement should be published in extenso, the secretariat is guided by the letter and spirit of the charter of the United Nations articles 12(3) of the regulation.

The primary criterion in making this determination is the requirement that the secretariats shall:

.... duly take into account, inter alia, the practical value that might accrued from in extenso publication under articles 12(3) of the regulations, the secretariat may reverse a decision not to publish in extenso at any time.

Where the secretariat exercises the limited publication option in relation to treaties or international agreements registered or filled and recorded, their publication is limited to the following information in accordance with articles 12(5) of Regulations:

a. Registration number of filling and recording number

b. Title of the instrument

c. Names of the parties between whose it was conclude

d. Date and place of conclusion

e. Date and method of entry into force

f. Duration of the treaty or international agreement (where appropriate)

g. Language in which it was concluded

h. Name of the party or specialized agency registering the instrument or submitting it for filling and recording;

i. Date of registration or filling and recoding and

j. Where appropriate; reference to publication in which the complete text of the treaty or international agreement is reproduced.

Treaty and international agreements that the secretariats does not publish in extenso are identified as such in the monthly statement with an asterisk. 22

Delivery of document

Most treaty actions become effective only upon deposit of the relevant instrument with the treaty section. States are advised to deliver instruments directly to the treaty section to ensure they are promptly processed. The date of deposit is normally recorded as that on which the instrument is received at headquarters, unless the instrument is subsequently deemed unacceptable. Person who are merely delivering instruments (rather than, for example signing a treaty) do not require full powers.

Translations

States are encouraged to provide courtesy translations, where feasible, in English and French of any instrument in other Language that are submitted to treaty section. This facilitates the prompt processing of the relevant actions.

CHAPTER FOUR

4.1 IMPLEMENTATION OF TREATIES IN NIGERIA

The shrinking of our world into compact village portends far-reaching consequence for municipal law, as we know it. Through the years, the two systems have been needlessly portrayed a distinct legal framework that governs, meditates and defines relationships and interaction patterns within the nation state system, thus generating a momentum towards a progressive convergence of both municipal law and international law.

In Nigeria, treaty implementation is matter restrict exclusively to maniple law. Therefore, State practice varies widely in reaction to the ways and manners of carrying out treaty obligations.

In Nigeria, treaties are normally implemented by way of legislative approval and ratification. In other word, it is necessary for a treaty to be transformed into the municipal law of Nigeria before its provision can be applied domestically. Ratification of a treaty does not bring it into force domestically.

However, it is the enabling statute, enacted pursuant to implementation of a treaty rather than the treaty per se, which is considered by the court as a source of law.

What is of more critically importance in the domestic legal order is the legislative approval of the treaty in the form of legislation transforming it to municipal law1. It is generally agreed that while international law imposes an obligation on the parties to faithfully implement them in line with the principle of pacta sunt servanda, the approach towards treaty implementation varies from state to state.

In Nigeria it is a matter of regret that the provision regarding implementation of treaty is not sufficient enough to know how international law can be applicable in Nigerian courts2. Therefore, while Nigeria can be deemed as having adopted the Blackstonian doctrine of incorporation of customary international law, as applied in England, treaties require transformation into domestic law before they can be enforced in the court 3.

According to section 12 of the constitution, treaty between the federal and any other country shall not have force of law except the treaty has been transformed into municipal law of Nigeria via an enactment of the National Assembly. The essence of the above provisions is that the execution of all treaties in Nigeria would require enabling desolation.

A writer has posited that4 this provision does not affect treaties concluded before the constitution would go into force5 and that the provision of constitution does not make a distinction between political and self executing treaties in the America tradition, the constitution envisages a procedure for ratifying only treaties concluded with respect to matter outside the exclusive legislative list and ratification as used in the constitution refer to approval by the state assemblies and not ratification in the spirit sense.

APPLICATION OF INTERNATIONAL TREATIES IN NIGERIAN COURTS.

Unlike the practice in other countries, neither the 1979 Nigerian constitution nor the current 1999 constitution has provision for relationship of international law and Nigeria municipal law. It is therefore not clear what attitude the Nigeria courts will adopt when faced with a conflict between international law and municipal law.

Many views have been expressed concerning the above position.

In dealing with this problem Oppenheim remarks:

“ If a state does .... Possess such rules of municipal law as prohibited from having; by the law of Nations ..... it neither the executive nor courts can invoke any rule of international law as permitting non-observance of the statute. Conversely, however, the executive cannot towards other countries invoke a statute as an excuse for failure to perform an international obligation”6 In Nigerian context, the applications of international law in the municipal courts seemed to have been settled in the case of GANI FAWEHINMI Vs. ABACHA7 by OGUNDARE J.S.C. Thus:

“No doubt cap 10 (Africa charter) is a statute with international favour. Being so, therefore, I would think that if there is a conflict between it and other statute its provision will prevail over those of that other statute for the reason that it is presumed that the legislature does not intent to breach an international obligation..... The charter possesses a greater vigour and strong than any other domestic statute”.

The above observation is contrary to the earlier views of Oppenheim. The court is on view that, where an international treaty has been promulgated into law by the National Assembly that treaty becomes binding and our courts have a duty to give effect to it like all other laws falling within the judicial powers of the courts. Uwaifo J. S. C. observed a similar opinion, inter alia8

“It seems to me that where we have a treaty like the African charter, ... We must prepare to stand on the side of civilized societies the world over in the way we consider and apply them, particular when we have adopted then as part of our laws”

It is our submission that changes in existing international law do not come about abruptly and any change in existing international law will not be recognized in any Nigerian court without convincing support Nigeria cannot be insensible to the incidence of changes in international rules, regulations and precept discarded outside Nigeria by a majority of civilized nations are still religiously preserved as effective by the Nigeria court.9

It is our position that Nigerian courts should without mincing words apply any well concluded treaty in which Nigeria is bound as in international law, an agreement has to be obeyed (pacta sunt savanda). While we are not canvassing for the superiority of international treaties in Nigeria over and above our legislation’s it is believed that international treaties must be enforced not necessary by any recourse to S. 12 of the 1999 constitution or any know organic law.

4.2 PRACTICE OBTAINING UNDER SEVERAL COUNTRY JURISDICTIONS IN THE WORLD.

UNITED KINGDOM

The legal position in United Kingdom has been succinctly set out in the decision of the Privy Council; the ratio of the decision has been recently affirmed by the House of Lords in J.H Rayner Limited vs. Dept. Of Trade and Industry 10 Where it was observed:

“The Government may negotiate, conclude, construe, observe, breach, repudiate or terminate a treaty. Parliament may alter the laws of the United Kingdom. The courts must enforce those laws, judge have no power to grant specific performance of a treaty or to award damages against a sovereign state for breach of a treaty or to invent laws or misconstrue legislation in order to enforce a treaty”

So far as the effect of concluded treaties on the domestic law is concerned, the English law is at variance with the law in the United States. Generally, accepted principle in English law is that in case of conflict between the British Statutes and the provisions of a treaty, the former prevails. This is supposed to be a principle of constitutional law.

Where, however, the parliament undertakes legislation to give effect to an international convention, it has been held that courts must presume that parliament intended to fulfil the international obligations undertaken by the statutes. This Rule was qualified by the court of Appeal in Salomon vs. Commissioner of Customs and Excise11 saying that such a course is permissible only where the term of legislation are not clear and are capable of more than one meaning, and further where there is cogent extrinsic evidence showing that the enactment was intended to fulfil obligations under a particular convention. As late as 1985, Lord Fraser of Tullyheslon said in CCSU vs. Minister for Civil Service12 “conventions are not part of law in this country”. Since 1974, the English courts have consistently taken the view that in so far as the provisions of international conventions of Human Rights are concerned, they can be taken into account in the course of interpreting and applying British Statutes. In several decisions, the courts have taken into account the treaty –base standards concerning Human Rights to resolved the issues of common law including legality of Telephone taping (Malone vs. Metropolitan Police Commissioner )13 Contempt of court (Attorney General vs. BBC)14 (Cheall vs. Association of Professional Executive Clerical and Computer Staff) 15

AUSTRALIA

The Australia constitution Act, 1900 provides for distribution of power between n the Federal Government and State. Under section 61 of the constitution, the power to enter into treaties is an Executive power, even so, the Prime Minister of Australia announced in the parliament in the year 1961 that hence forward the Government will lay on the table of both House texts of the treaties signed for Australia, whether or not ratification is required, as well the texts of those treaties to which the Government is contemplating accession. It was state that the Government would not, as a general rule proceed to ratify or accede to a treaties until it has been laid on the both Houses for at least 12 sitting days. Be as it may, a practice has developed in that country where under Australia would not ratify a treaty or accept an obligation under the treaty until appropriate domestic legislation is in place in respect of treaties where legislation is necessary to give effect to treaty obligations.

In may, 1996 the minister for foreign Affairs made a statement to the House of Representatives outlining a new treaty –making process. According to this, treaties will be tabled at least for 15 sitting days, after signature but before they are ratified, to allow for parliamentary scrutiny.

This arrangement was to apply to both bilateral and multi-lateral treaties and to their amendments. Where however urgent action has to be taken, a special procedure was devised under which the Agreements will be tabled in the House as soon as possible with an explanation of reasons for urgent action. Further, the states will be consulted before entering into treaties and any particular information about the treaties will be placed before the premiers and chief Minister’s department. The Government has also agreed in principle to append a statement indicating the impact of the proposed treaty to the papers laid before House. A joint standing committee on treaties was established comprising members of both House and consisting of Federal and State officers who shall meet twice every year and consider and report upon the treaties table before the House.

In the year 1997, Bill was introduced in the Federal legislature mainly with a view to partially affirm and partially supersede the decision of the Australia High Court in Minister for Immigration and Ethnic Affairs vs. Teoh16. The said decision enunciated two propositions:

(a)         That under the Australian constitution system, a treaty entered into by the Federal Government does not become a part of domestic law and is not enforceable by court until legislation is indentation by competent legislation in that behalf; and

(b)         A treaty or an international convention/covenant signed/ratified by the federal government gives rise to a legitimate expectation at law that could form the basis for challenging an administrative decision. The bill was intended to affirm (a) and to over-rule (b)

FRANCE

The power to conclude treaties is vested in the president of the republic by virtue of article 52 of the French constitution. The president not only negotiate but also ratifies the treaty on his own.

The role of parliament appears to be quite restricted. According to the said article 52, the parliament comes into picture only in the case of certain types of treaties and that too after the terms of treaty have been decided upon. Even their parliament’s power is only to approve or reject its ratification. The types of treaties contemplated in article 52 include peace treaties, trade treaties, human rights treaties and treaties ceding, exchanging or adding territories. Article 55 of the French constitution indeed provide that concluded treaties do not require implementing legislation in order to be enforceable, once a treaty has come into/force, it overrides any conflicting domestic legislation even if such legislation happens to be passed subsequent to the ratification of the treaty.

UNITED STATE OF AMERICA

Article 11, section 2 of the U.S. constitutions, which deals with the powers of the president, state inter alia, that the president is empowered; by and with the advice and consent of the senate, to make treaties provided two-thirds of the senators present concur --- “ the president initiates and conducts negotiations of the treaties and after signing them, place them before senate for its advice and consent”.

The two famous instances in which senate refused to ratify or approved the treaty signed by the president are:

(a) the treaty of Versailles concluded at the end of world war 1 and

(b) Comprehensive test ban treaty on nuclear tasks --- president Wilson, who was indeed the moving spirit behind the Versailles treaty, signed the treaty together with allied nations but when it was presented to the senate it reject the same, effectively withdrawing U.S.A. from European affairs unit in the development.

In Germany under Hitler brought it back into it. Even the Comprehensive Test Ban no nuclear test (C T B T) was the handwork of the president Clinton and his predecessors. In view of this constitutional position, a practice has developed in that country according to which, the senator, i.e. important persons among them, are associated with treaty making from the very beginning so that it may be easier for the president to get the treaty ratified later by the senate.

A distinction is made in the U.S.A. between treaties and agreements. [it is interesting to note that the Vienna Convention on the Law of Treaties applies only to treaties and not to international Agreements (Article 2). So for as the treaties are concerned, they are required by the constitution to be submitted to the senate for approval/ ratification. But, so far as the agreements and particularly those that are known as Executive agreements, are concerned, they are entered into and signed by the president in exercise of his Executive power. Since such agreements are not considered treaties. The types of agreements so contemplated are those relating to foreign relation and military matters, which do not affect the rights and obligations of the citizens In so far as the trade agreements are concerned, a difference procedure is evolved. Since the Congress has the constitutional authority to regulate commerce with foreign nations under Article 1 of the constitution, such treaties are subject to ratification by both Houses but only by a simple majority.

With respect to the effect of the treaties, Article VI, section 2 of the constitution expressly provides that “ All treaties made or which shall be made with the authority of the United States, shall be the supreme law of the land and the judges in every state shall be bound by anything in the constitution or laws of any state to the contrary not with standing”

This is fundamental departure from the British practice. The treaty not only overrides any federal law of the country but also overrides any provision in the constitution of the State or the laws made by any state congresses to the contrary.

SWITZERLAND

The legal position in Switzerland is distinct altogether. The Executive authority in Switzerland is exercised by Federal Council headed by the president and the Federal Chancellor.

The Federal Council has seven members elected at a joint meeting of the two Houses of parliament. The Federal Council negotiates and signs any treaties. Once it is negotiated and signed, it is ratified/finalized in four deferent ways:

(a) In some cases parliament authorizes the Federal Council in advance not only to sign a treaties but also to bring it into force.

(b) There are treaties, which require approval of the parliament before they become enforceable.

(c) A treaty may be subjected to an optional referendum as provided for in Article 89(3) of the constitution. The categories of treaties subjected to this procedure are treaties, which are effective for an indefinite period, without the possibility of denunciation.

(d) In some cases, the agreement has to be approved by a compulsory referendum as provided for in Article 89(5). The agreements subject to this procedure are those, which provide for adherence to supra-national organizations and organization for collective security.

Thus, there are four different processes for concluding a treaty in Switzerland depending upon the nature of treaty. The advantage of this system is that its allow for adequate scrutiny of those agreements which have significant implications for the nation and effect the rights of the citizen of course, in the case of urgent and sensitive treaties, an alternative method is provided where the parliament can only denounce the agreement if it does not agree with it, but there is no question of approval or ratification by the parliament.

CANADA

The Canadian constitution Act, 1982 (British North American Act, 1867) does not contain a specific provision with reference to external affairs, however, following the British practices and particularly the decision of privy Council in Attorney General for Canada vs. Attorney General for Ontario17 which was a case dealing with the respective legislation competence of the Dominion parliament and the provincial legislatures? Lord Atkin noted that within the then British Empire it was well enshrined that the making of a treaty was an executive act, while the performance of its obligation, if they involved alternation of the existing domestic law, required legislative action. The question; remarked lord Atkins,

“Is not how is the obligation formed, that is the function of the executive, but how is the obligation to be performed, and that depends upon the authority of the competent legislature or legislature”18

The federal Government exercise the exclusive power to enter into treaties on behalf of Canada. The peculiar feature of the Canadian constitution is that even the provinces have the power to enter into international agreements, which it is said, are not binding in international law. The Government normally seeks the approval of the parliament before ratifying an important treaty, though there is no such constitutions obligation, approval is given in the form of resolution by both Houses of Federal Legislature. The constitution also requires that any legislation required to implement a treaty can be enacted only by the provinces and it is because of this requirement that a good amount of consultation with provinces is undertaken before concluding a treaty.

CHAPTER FIVE.

5.1 SUMMARY

Since 1980, when the Vienna convention on the law of treaties 1969, entered into force, as was stated by Article 84 (1), (2)

“The present convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession” “For each State ratifying or acceding to the convention after the deposit of the thirty fifth instrument of rectification or accession, the convention shall enter into force on the thirtieth day after deposit by such state of its instrument of ratification accession”.

All aspects of treaty making are regulated by the said convention. Treaties form the main source of contemporary international law, unlike customary international law, so important is a treaty that United Nations publishes treaties annually as treaties series.

Although the Vienna Convention of 1969 defines treaty as an international instruments concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation However a treaty though not in a written form can create a valid obligation, this was the decision of P C I J in the case of Legal Status of Easter Land Case 2 where it was held that a declaration by a Norwegian Foreign Minister that the Norwegian government would not made any difficulty over the Danish claim to the sovereignty over Eastern Greenland was held to constitute a valid obligation as it regarded as a reply by the minister on behalf of the government by response to a request by the diplomatic representative of a foreign power.

It is important to note that the legal force of a treaty is derived from the principle of pacta sunt servanda3

As regards formation of treaty; international law is flexible that it leaves to the parties the rights to make their treaty the way they deem fit. However, authority to enter into binding legal engagement is a matter for the internal constitutional foundation of each Individual State. At international level, representative must either expressly or impliedly granted full power from the appropriate national authority to enter into binding obligation. It must be noted here that Article 6 of the Vienna Convention on law of treaties recognizes that all sovereign States have full power to conclude treaties. It is essential to note also that under Article 7 (2) a number of individuals are presumed to have authority to enter into certain treaty without having to provide full powers.

“In virtue of their functions is and without having to produce full powers, the following are considered as representing their State”.

(a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts reacting to the conclusion of treaty.

(b) Heads of Diplomatic Missions for the purpose of adopting the text of a treaty between the accrediting State and State to when they are accredited.

(c) Representative accredited by state to an international conference or to an international organization or one of its organs for the purpose of adopting the text of a treaty in that conference, organization or organ.

It has been shown that a party to a treaty must express its consent to be bound by that treaty and the person expressing the consent must have a full power to that effect, “ Full power” means a document emanating from the competent authority of a designating a person or persons to represent the state for negotiating, adopting, authenticating the text of a treaty.

Furthermore, reservation must be made when the treaty is signed, ratified, accepted approved. Reservation must not be incompatible with the object and the purpose of the treaty, moreover, a treaty might prohibit reservations or only allow for certain reservation to be made.

The Objects of the treaty determine the date on which the treaty enters into force, where the treaty does not specify a date; there is a presumption that the treaty is intended to come into force as soon as all the negotiation states have consented to be bound by the treaty.

Finally, Article 102 of the charter of the United Nations provides that “every treaty and every international agreement entered into by any member of the United Nations after the present charter comes into force shall as soon as possible be registered with the secretariat and published by it”. Treaties or agreement that are not registered cannot be invoked before any organ of the United Nations. Registration promotes transparency and the availability of texts of treaties of the public.

5.2 CONCLUSION AND RECOMMENDATION

The Prime Minister of New Zealand Mr. Bolger who said on 6th June 1997. “ We live in a globalize world economy.... individual countries, no matter how large or powerful, cannot themselves deal with such transnational issues as climate change capital flows, resources conservation and drug trafficking ....... The role of Government in international relations is increasingly one of identifying and aligning self-interest with the values most of its electorate hold to be important, and then protecting and projecting those values into its dealings with other Governments and international organizations .... In an inter-dependent world, pure sovereignty – the complete control of one’s own affairs – is not possible’’.

Hence, the need for treaties, it cannot be denied that these treaties are exiting into the power of the Nations/ State to manage their own affairs and are correspondingly enhancing the power of the market and Multinational Corporation. Those thousand of treaties and other international agreements and declarations have the effect of transferring partially, by the nations themselves, of their sovereignty in recognition of their interdependence on one another and their absolute need in today’s world to relate to other nations and to do so in part through the medium of international treaties and conventions giving rise to new international law and a growth of common- Form laws.

The core issue in our system of Government, as at today, is not whether the State sovereignty is restricted by these treaties, but whether the exercised of State sovereignty (i.e. treaty-making) by the Executive Government restrict the parliamentary sovereignty to an unacceptable extent. It is my respectful submission that it does. Many of these treaties particularly multilateral treaties concerning trade, investment, patents, service and agriculture are bound to have pervasive and significant implications for our legal and administrative system, our economy and on the individual rights of the citizen –indeed for our constitutional ethos as such. This, no doubt, is happening in many other countries too, and it is precisely for this reasons that there is concern all over the world that the practice where under the treaties are entered into by the Executive without significant parliamentary or public involvement is not only undemocratic but also dangerous. It is being felt generally by jurist all over the world that the parliament and the public must be involved more and more in the process of treaty-making because it is ultimately the people whose rights and entitlements are going to be affected by these treaties.

BIBLIOGRAPHY

1.   AKIN OYEBODE : International Law and politics An African perspective, 2003

2.   A.B. OYEBODE: Treaty-making and treaty implementation in Nigeria; An Appraisal Unpubi. Jur Dissertation, Osgood Hall Law School York University Toronto Canada 1988 3.   MALCOLM N. SHAW : International Law, fourth Edition 1997

4.   J.E. FAWCETT: the British commonwealth in international law.

5.   OSBORN’S CONCISE LAW DICTIONARY (EIGHT EDITION) Sweet and Maxwell’s

Vienna Convention on the Law of Treaties The Convention was adopted on 22 May 1969 and opened for signature on 23 May 1969 by the United Nations Conference on the Law of Treaties. The Conference was convened pursuant to General Assembly resolutions 2166 (XXI) of 5 December 1966 and 2287 (XXII) of 6 December 1967. The Conference held two sessions, both at the Neue Hofburg in Vienna, the first session from 26 March to 24 May 1968 and the second session from 9 April to 22 May 1969. In addition to the Convention, the Conference adopted the Final Act and certain declarations and resolutions, which are annexed to that Act. Entry into force on 27 January 1980, in accordance with Article 84(1). Official Publication in United Nations, Treaty Series, vol. 1155, p.331. PART I: INTRODUCTION Article 1: Scope of the present Convention. Article 2: Use of terms. Article 3: International agreements not within the scope of the present Convention Article 4: Non-retroactivity of the present Convention Article 5: Treaties constituting international organizations and treaties adopted within an international Organization PART II: CONCLUSION AND ENTRY INTO FORCE OF TREATIES SECTION 1. CONCLUSION OF TREATIES Article 6: Capacity of States to conclude treaties Article 7: Full powers. Article 8: Subsequent confirmation of an act performed without authorization Article 9: Adoption of the text Article 10: Authentication of the text Article 11: Means of expressing consent to be bound by a treaty Article 12: Consent to be bound by a treaty expressed by signature Article 13: Consent to be bound by a treaty expressed by an exchange of instruments constituting a treaty Article 14: Consent to be bound by a treaty expressed by ratification, acceptance or approval Article 15: Consent to be bound by a treaty expressed by accession Article 16: Exchange or deposit of instruments of ratification, acceptance, approval or accession Article 17: Consent to be bound by part of a treaty and choice of differing provisions Article 18: Obligation not to defeat the object and purpose of a treaty prior to its entry into force SECTION 2. RESERVATIONS Article 19: Formulation of reservations Article 20: Acceptance of and objection to reservations Article 21: Legal effects of reservations and of objections to reservations Article 22: Withdrawal of reservations and of objections to reservations Article 23: Procedure regarding reservations SECTION 3. ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES Article 24: Entry into force Article 25: Provisional application PART III: OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES SECTION 1. OBSERVANCE OF TREATIES Article 26: Pacta sunt servanda Article 27: Internal law and observance of treaties SECTION 2. APPLICATION OF TREATIES Article 28: Non-retroactivity of treaties Article 29: Territorial scope of treaties Article 30: Application of successive treaties relating to the same subject-matter SECTION 3. INTERPRETATION OF TREATIES Article 31: General rule of interpretation Article 32: Supplementary means of interpretation Article 33: Interpretation of treaties authenticated in two or more languages SECTION 4. TREATIES AND THIRD STATES Article 34: General rule regarding third States Article 35: Treaties providing for obligations for third States Article 36: Treaties providing for rights for third States Article 37: Revocation or modification of obligations or rights of third States Article 38: Rules in a treaty becoming binding on third States through international custom PART IV: AMENDMENT AND MODIFICATION OF TREATIES Article 39: General rule regarding the amendment of treaties Article 40: Amendment of multilateral treaties Article 41: Agreements to modify multilateral treaties between certain of the parties only PART V: INVALIDITY, TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES SECTION 1. GENERAL PROVISIONS Article 42: Validity and continuance in force of treaties Article 43: Obligations imposed by international law independently of a treaty Article 44: Separability of treaty provisions Article 45: Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty SECTION 2. INVALIDITY OF TREATIES Article 46: Provisions of internal law regarding competence to conclude treaties Article 47: Specific restrictions on authority to express the consent of a State Article 48: Error Article 49: Fraud Article 50: Corruption of a representative of a State Article 51: Coercion of a representative of a State Article 52: Coercion of a State by the threat or use of force Article 53: Treaties conflicting with a peremptory norm of general international law (jus cogens) SECTION 3. TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES Article 54: Termination of or withdrawal from a treaty under its provisions or by consent of the parties Article 55: Reduction of the parties to a multilateral treaty below the number necessary for its entry into force Article 56: Denunciation of or withdrawal from a treaty containing no provision regarding termination, denunciation or withdrawal Article 57: Suspension of the operation of a treaty under its provisions or by consent of the parties Article 58: Suspension of the operation of a multilateral treaty by agreement between certain of the parties only Article 59: Termination or suspension of the operation of a treaty implied by conclusion of a later treaty Article 60: Termination or suspension of the operation of a treaty as a consequence of its breach Article 61: Supervening impossibility of performance Article 62: Fundamental change of circumstances Article 63: Severance of diplomatic or consular relations Article 64: Emergence of a new peremptory norm of general international law (jus cogens) SECTION 4. PROCEDURE Article 65: Procedure to be followed with respect to invalidity, termination, withdrawal from or suspension of the operation of a treaty Article 66: Procedures for judicial settlement, arbitration and conciliation Article 67: Instruments for declaring invalid, terminating, withdrawing from or suspending the operation of a Treaty Article 68: Revocation of notifications and instruments provided for in articles 65 and 67 SECTION 5. CONSEQUENCES OF THE INVALIDITY, TERMINATION OR SUSPENSION OF THE OPERATION OF A TREATY Article 69: Consequences of the invalidity of a treaty Article 70: Consequences of the termination of a treaty Article 71: Consequences of the invalidity of a treaty which conflict with a peremptory norm of general international law Article 72: Consequences of the suspension of the operation of a treaty PART VI: MISCELLANEOUS PROVISIONS Article 73: Cases of State succession, State responsibility and outbreak of hostilities Article 74: Diplomatic and consular relations and the conclusion of treaties Article 75: Case of an aggressor State PART VII: DEPOSITARIES, NOTIFICATIONS, CORRECTIONS AND REGISTRATION Article 76: Depositaries of treaties Article 77: Functions of depositaries Article 78: Notifications and communications Article 79: Correction of errors in texts or in certified copies of treaties Article 80: Registration and publication of treaties PART VIII: FINAL PROVISIONS Article 81: Signature Article 82: Ratification Article 83: Accession Article 84: Entry into force Article 85: Authentic texts ANNEX The States Parties to the present Convention, Considering the fundamental role of treaties in the history of international relations, Recognizing the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful co-operation among nations, whatever their constitutional and social systems, Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are universally recognized, Affirming that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law, Recalling the determination of the peoples of the United Nations to establish conditions under which justice and respect for the obligations arising from treaties can be maintained, Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all, Believing that the codification and progressive development of the law of treaties achieved in the present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the maintenance of international peace and security, the development of friendly relations and the achievement of co-operation among nations, Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention, Have agreed as follows: PART I: INTRODUCTION Article 1: Scope of the present Convention The present Convention applies to treaties between States. Article 2: Use of terms 1. For the purposes of the present Convention: (a) “treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation; (b) “ratification”, “acceptance”, “approval” and “accession” mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty; (c) “'full powers”' means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty; (d) “'reservation”' means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State; (e) “'negotiating State”' means a State which took part in the drawing up and adoption of the text of the treaty; (f) “'contracting State”' means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force; (g) “'party”' means a State which has consented to be bound by the treaty and for which the treaty is in force; (h) “'third State”' means a State not a party to the treaty; (i) “'international organization”' means an intergovernmental organization. 2. The provisions of paragraph 1 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State. Article 3: International agreements not within the scope of the present Convention The fact that the present Convention does not apply to international agreements concluded between States and other subjects of international law or between such other subjects of international law, or to international agreements not in written form, shall not affect: (a) the legal force of such agreements; (b) the application to them of any of the rules set forth in the present Convention to which they would be subject under international law independently of the Convention; (c) the application of the Convention to the relations of States as between themselves under international agreements to which other subjects of international law are also parties. Article 4: Non-retroactivity of the present Convention Without prejudice to the application of any rules set forth in the present Convention to which treaties would be subject under international law independently of the Convention, the Convention applies only to treaties which are concluded by States after the entry into force of the present Convention with regard to such States. Article 5: Treaties constituting international organizations and treaties adopted within an international organization The present Convention applies to any treaty which is the constituent instrument of an international organization and to any treaty adopted within an international organization without prejudice to any relevant rules of the organization. PART II: CONCLUSION AND ENTRY INTO FORCE OF TREATIES SECTION 1. CONCLUSION OF TREATIES Article 6: Capacity of States to conclude treaties Every State possesses capacity to conclude treaties. Article 7: Full powers 1. A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if: (a) he produces appropriate full powers; or (b) it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers. 2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State: (a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts relating to the conclusion of a treaty; (b) heads of diplomatic missions, for the purpose of adopting the text of a treaty between the accrediting State and the State to which they are accredited; (c) representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ. Article 8: Subsequent confirmation of an act performed without authorization An act relating to the conclusion of a treaty performed by a person who cannot be considered under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State. Article 9: Adoption of the text 1. The adoption of the text of a treaty takes place by the consent of all the States participating in its drawing up except as provided in paragraph 2. 2. The adoption of the text of a treaty at an international conference takes place by the vote of two-thirds of the States present and voting, unless by the same majority they shall decide to apply a different rule. Article 10: Authentication of the text The text of a treaty is established as authentic and definitive: (a) by such procedure as may be provided for in the text or agreed upon by the States participating in its drawing up; or (b) failing such procedure, by the signature, signature ad referendum or initialing by the representatives of those States of the text of the treaty or of the Final Act of a conference incorporating the text. Article 11: Means of expressing consent to be bound by a treaty The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed. Article 12: Consent to be bound by a treaty expressed by signature 1. The consent of a State to be bound by a treaty is expressed by the signature of its representative when: (a) the treaty provides that signature shall have that effect; (b) it is otherwise established that the negotiating States were agreed that signature should have that effect; or (c) the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation. 2. For the purposes of paragraph 1: (a) the initialing of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed; (b) the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a full signature of the treaty. Article 13: Consent to be bound by a treaty expressed by an exchange of instruments constituting a treaty The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when: (a) the instruments provide that their exchange shall have that effect; or (b) it is otherwise established that those States were agreed that the exchange of instruments should have that effect. Article 14: Consent to be bound by a treaty expressed by ratification, acceptance or approval 1. The consent of a State to be bound by a treaty is expressed by ratification when: (a) the treaty provides for such consent to be expressed by means of ratification; (b) it is otherwise established that the negotiating States were agreed that ratification should be required; (c) the representative of the State has signed the treaty subject to ratification; or (d) the intention of the State to sign the treaty subject to ratification appears from the full powers of its representative or was expressed during the negotiation. 2. The consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification. Article 15: Consent to be bound by a treaty expressed by accession The consent of a State to be bound by a treaty is expressed by accession when: (a) the treaty provides that such consent may be expressed by that State by means of accession; (b) it is otherwise established that the negotiating States were agreed that such consent may be expressed by that State by means of accession; or (c) all the parties have subsequently agreed that such consent may be expressed by that State by means of accession. Article 16: Exchange or deposit of instruments of ratification, acceptance, approval or accession Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon: ‘(a) their exchange between the contracting States; (b) their deposit with the depositary; or (c) their notification to the contracting States or to the depositary, if so agreed. Article 17: Consent to be bound by part of a treaty and choice of differing provisions 1. Without prejudice to articles 19 to 23, the consent of a State to be bound by part of a treaty is effective only if the treaty so permits or the other contracting States so agree. 2. The consent of a State to be bound by a treaty which permits a choice between differing provisions is effective only if it is made clear to which of the provisions the consent relates. Article 18: Obligation not to defeat the object and purpose of a treaty prior to its entry into force A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when: (a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or (b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed. SECTION 2. RESERVATIONS Article 19: Formulation of reservations A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless: (a) the reservation is prohibited by the treaty; (b) the treaty provides that only specified reservations, which do not include the reservation in question, may be made; or (c) in cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible with the object and purpose of the treaty. Article 20: A acceptance of and objection to reservations 1. A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States unless the treaty so provides. 2. When it appears from the limited number of the negotiating States and the object and purpose of a treaty that the application of the treaty in its entirety between all the parties is an essential condition of the consent of each one to be bound by the treaty, a reservation requires acceptance by all the parties. 3. When a treaty is a constituent instrument of an international organization and unless it otherwise provides, a reservation requires the acceptance of the competent organ of that organization. 4. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides: (a) acceptance by another contracting State of a reservation constitutes the reserving State a party to the treaty in relation to that other State if or when the treaty is in force for those States; (b) an objection by another contracting State to a reservation does not preclude the entry into force of the treaty as between the objecting and reserving States unless a contrary intention is definitely expressed by the objecting State; (c) an act expressing a State's consent to be bound by the treaty and containing a reservation is effective as soon as at least one other contracting State has accepted the reservation. 5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides, a reservation is considered to have been accepted by a State if it shall have raised no objection to the reservation by the end of a period of twelve months after it was notified of the reservation or by the date on which it expressed its consent to be bound by the treaty, whichever is later. Article 21: Legal effects of reservations and of objections to reservations 1. A reservation established with regard to another party in accordance with articles 19, 20 and 23: (a) modifies for the reserving State in its relations with that other party the provisions of the treaty to which the reservation relates to the extent of the reservation; and (b) modifies those provisions to the same extent for that other party in its relations with the reserving State. 2. The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se. 3. When a State objecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State, the provisions to which the reservation relates do not apply as between the two States to the extent of the reservation. Article 22: Withdrawal of reservations and of objections to reservations 1. Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the consent of a State which has accepted the reservation is not required for its withdrawal. 2. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time. 3. Unless the treaty otherwise provides, or it is otherwise agreed: (a) the withdrawal of a reservation becomes operative in relation to another contracting State only when notice of it has been received by that State; (b) the withdrawal of an objection to a reservation becomes operative only when notice of it has been received by the State which formulated the reservation. Article 23: Procedure regarding reservations 1. A reservation, an express acceptance of a reservation and an objection to a reservation must be formulated in writing and communicated to the contracting States and other States entitled to become parties to the treaty. 2. If formulated when signing the treaty subject to ratification, acceptance or approval, a reservation must be formally confirmed by the reserving State when expressing its consent to be bound by the treaty. In such a case the reservation shall be considered as having been made on the date of its confirmation. 3. An express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation. 4. The withdrawal of a reservation or of an objection to a reservation must be formulated in writing. SECTION 3. ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES Article 24: Entry into force 1. A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree. 2. Failing any such provision or agreement, a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States. 3. When the consent of a State to be bound by a treaty is established on a date after the treaty has come into force, the treaty enters into force for that State on that date, unless the treaty otherwise provides. 4. The provisions of a treaty regulating the authentication of its text, the establishment of the consent of States to be bound by the treaty, the manner or date of its entry into force, reservations, the functions of the depositary and other matters arising necessarily before the entry into force of the treaty apply from the time of the adoption of its text. Article 25: Provisional application 1. A treaty or a part of a treaty is applied provisionally pending its entry into force if: (a) the treaty itself so provides; or (b) the negotiating States have in some other manner so agreed. 2. Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty. PART III: OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES SECTION 1. OBSERVANCE OF TREATIES Article 26: Pacta sunt servanda Every treaty in force is binding upon the parties to it and must be performed by them in good faith. Article 27: Internal law and observance of treaties A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46. SECTION 2. APPLICATION OF TREATIES Article 28: Non-retroactivity of treaties Unless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the treaty with respect to that party. Article 29: Territorial scope of treaties Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory. Article 30: Application of successive treaties relating to the same subject-matter 1. Subject to Article 103 of the Charter of the United Nations, the rights and obligations of States parties to successive treaties relating to the same subject-matter shall be determined in accordance with the following paragraphs. 2. When a treaty specifies that it is subject to, or that it is not to be considered as incompatible with, an earlier or later treaty, the provisions of that other treaty prevail. 3. When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with those of the latter treaty. 4. When the parties to the later treaty do not include all the parties to the earlier one: (a) as between States parties to both treaties the same rule applies as in paragraph 3; (b) as between a State party to both treaties and a State party to only one of the treaties, the treaty to which both States are parties governs their mutual rights and obligations. 5. Paragraph 4 is without prejudice to article 41, or to any question of the termination or suspension of the operation of a treaty under article 60 or to any question of responsibility which may arise for a State from the conclusion or application of a treaty the provisions of which are incompatible with its obligations towards another State under another treaty. SECTION 3. INTERPRETATION OF TREATIES Article 31: General rule of interpretation 1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. 2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes: (a) any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty; (b) any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty. 3. There shall be taken into account, together with the context: (a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; (c) any relevant rules of international law applicable in the relations between the parties. 4. A special meaning shall be given to a term if it is established that the parties so intended. Article 32: Supplementary means of interpretation Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable. Article 33: Interpretation of treaties authenticated in two or more languages 1. When a treaty has been authenticated in two or more languages, the text is equally authoritative in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular text shall prevail. 2. A version of the treaty in a language other than one of those in which the text was authenticated shall be considered an authentic text only if the treaty so provides or the parties so agree. 3. The terms of the treaty are presumed to have the same meaning in each authentic text. 4. Except where a particular text prevails in accordance with paragraph 1, when a comparison of the authentic texts discloses a difference of meaning which the application of articles 31 and 32 does not remove, the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted. SECTION 4. TREATIES AND THIRD STATES Article 34: General rule regarding third States A treaty does not create either obligations or rights for a third State without its consent. Article 35: Treaties providing for obligations for third States An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing. Article 36: Treaties providing for rights for third States 1. A right arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to accord that right either to the third State, or to a group of States to which it belongs, or to all States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not indicated, unless the treaty otherwise provides. 2. A State exercising a right in accordance with paragraph 1 shall comply with the conditions for its exercise provided for in the treaty or established in conformity with the treaty. Article 37: Revocation or modification of obligations or rights of third States 1. When an obligation has arisen for a third State in conformity with article 35, the obligation may be revoked or modified only with the consent of the parties to the treaty and of the third State, unless it is established that they had otherwise agreed. 2. When a right has arisen for a third State in conformity with article 36, the right may not be revoked or modified by the parties if it is established that the right was intended not to be revocable or subject to modification without the consent of the third State. Article 38: Rules in a treaty becoming binding on third States through international custom Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming binding upon a third State as a customary rule of international law, recognized as such. PART IV: AMENDMENT AND MODIFICATION OF TREATIES Article 39: General rule regarding the amendment of treaties A treaty may be amended by agreement between the parties. The rules laid down in Part II apply to such an agreement except in so far as the treaty may otherwise provide. Article 40: Amendment of multilateral treaties 1. Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed by the following paragraphs. 2. Any proposal to amend a multilateral treaty as between all the parties must be notified to all the contracting States, each one of which shall have the right to take part in: (a) the decision as to the action to be taken in regard to such proposal; (b) the negotiation and conclusion of any agreement for the amendment of the treaty. 3. Every State entitled to become a party to the treaty shall also be entitled to become a party to the treaty as amended. 4. The amending agreement does not bind any State already a party to the treaty which does not become a party to the amending agreement; article 30, paragraph 4(b), applies in relation to such State. 5. Any State which becomes a party to the treaty after the entry into force of the amending agreement shall, failing an expression of a different intention by that State: (a) be considered as a party to the treaty as amended; and (b) be considered as a party to the unamended treaty in relation to any party to the treaty not bound by the amending agreement. Article 41: Agreements to modify multilateral treaties between certain of the parties only 1. Two or more of the parties to a multilateral treaty may conclude an agreement to modify the treaty as between themselves alone if: (a) the possibility of such a modification is provided for by the treaty; or (b) the modification in question is not prohibited by the treaty and: (i) does not affect the enjoyment by the other parties of their rights under the treaty or the performance of their obligations; (ii) does not relate to a provision, derogation from which is incompatible with the effective execution of the object and purpose of the treaty as a whole. 2. Unless in a case falling under paragraph 1(a) the treaty otherwise provides, the parties in question shall notify the other parties of their intention to conclude the agreement and of the modification to the treaty for which it provides. PART V: INVALIDITY, TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES SECTION 1. GENERAL PROVISIONS Article 42: Validity and continuance in force of treaties 1. The validity of a treaty or of the consent of a State to be bound by a treaty may be impeached only through the application of the present Convention. 2. The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of the application of the provisions of the treaty or of the present Convention. The same rule applies to suspension of the operation of a treaty. Article 43: Obligations imposed by international law independently of a treaty The invalidity, termination or denunciation of a treaty, the withdrawal of a party from it, or the suspension of its operation, as a result of the application of the present Convention or of the provisions of the treaty, shall not in any way impair the duty of any State to fulfill any obligation embodied in the treaty to which it would be subject under international law independently of the treaty. Article 44: Separability of treaty provisions 1. A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless the treaty otherwise provides or the parties otherwise agree. 2. A ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty recognized in the present Convention may be invoked only with respect to the whole treaty except as provided in the following paragraphs or in article 60. 3. If the ground relates solely to particular clauses, it may be invoked only with respect to those clauses where: (a) the said clauses are separable from the remainder of the treaty with regard to their application; (b) it appears from the treaty or is otherwise established that acceptance of those clauses was not an essential basis of the consent of the other party or parties to be bound by the treaty as a whole; and (c) continued performance of the remainder of the treaty would not be unjust. 4. In cases falling under articles 49 and 50 the State entitled to invoke the fraud or corruption may do so with respect either to the whole treaty or, subject to paragraph 3, to the particular clauses alone. 5. In cases falling under articles 51, 52 and 53, no separation of the provisions of the treaty is permitted. Article 45: Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty A State may no longer invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty under articles 46 to 50 or articles 60 and 62 if, after becoming aware of the facts: (a) it shall have expressly agreed that the treaty is valid or remains in force or continues in operation, as the case may be; or (b) it must by reason of its conduct be considered as having acquiesced in the validity of the treaty or in its maintenance in force or in operation, as the case may be. SECTION 2. INVALIDITY OF TREATIES Article 46: Provisions of internal law regarding competence to conclude treaties 1. A State may not invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance. 2. A violation is manifest if it would be objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith. Article 47: Specific restrictions on authority to express the consent of a State If the authority of a representative to express the consent of a State to be bound by a particular treaty has been made subject to a specific restriction, his omission to observe that restriction may not be invoked as invalidating the consent expressed by him unless the restriction was notified to the other negotiating States prior to his expressing such consent. Article 48: Error 1. A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if the error relates to a fact or situation which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty. 2. Paragraph 1 shall not apply if the State in question contributed by its own conduct to the error or if the circumstances were such as to put that State on notice of a possible error. 3. An error relating only to the wording of the text of a treaty does not affect its validity; article 79 then applies. Article 49: Fraud If a State has been induced to conclude a treaty by the fraudulent conduct of another negotiating State, the State may invoke the fraud as invalidating its consent to be bound by the treaty. Article 50: Corruption of a representative of a State If the expression of a State's consent to be bound by a treaty has been procured through the corruption of its representative directly or indirectly by another negotiating State, the State may invoke such corruption as invalidating its consent to be bound by the treaty. Article 51: Coercion of a representative of a State The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect. Article 52: Coercion of a State by the threat or use of force A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations. Article 53: Treaties conflicting with a peremptory norm of general international law (jus cogens) A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character. SECTION 3. TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES Article 54: Termination of or withdrawal from a treaty under its provisions or by consent of the parties The termination of a treaty or the withdrawal of a party may take place: (a) in conformity with the provisions of the treaty; or (b) at any time by consent of all the parties after consultation with the other contracting States. Article 55: Reduction of the parties to a multilateral treaty below the number necessary for its entry into force Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the fact that the number of the parties falls below the number necessary for its entry into force. Article 56: Denunciation of or withdrawal from a treaty containing no provision regarding termination, denunciation or withdrawal 1. A treaty which contains no provision regarding its termination and which does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal unless: (a) it is established that the parties intended to admit the possibility of denunciation or withdrawal; or (b) a right of denunciation or withdrawal may be implied by the nature of the treaty. 2. A party shall give not less than twelve months' notice of its intention to denounce or withdraw from a treaty under paragraph 1. Article 57: Suspension of the operation of a treaty under its provisions or by consent of the parties The operation of a treaty in regard to all the parties or to a particular party may be suspended: (a) in conformity with the provisions of the treaty; or (b) at any time by consent of all the parties after consultation with the other contracting States. Article 58: Suspension of the operation of a multilateral treaty by agreement between certain of the parties only 1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the operation of provisions of the treaty, temporarily and as between themselves alone, if: (a) the possibility of such a suspension is provided for by the treaty; or (b) the suspension in question is not prohibited by the treaty and: (i) does not affect the enjoyment by the other parties of their rights under the treaty or the performance of their obligations; (ii) is not incompatible with the object and purpose of the treaty. 2. Unless in a case falling under paragraph 1(a) the treaty otherwise provides, the parties in question shall notify the other parties of their intention to conclude the agreement and of those provisions of the treaty the operation of which they intend to suspend. Article 59: Termination or suspension of the operation of a treaty implied by conclusion of a later treaty 1. A treaty shall be considered as terminated if all the parties to it conclude a later treaty relating to the same subject-matter and: (a) it appears from the later treaty or is otherwise established that the parties intended that the matter should be governed by that treaty; or (b) the provisions of the later treaty are so far incompatible with those of the earlier one that the two treaties are not capable of being applied at the same time. 2. The earlier treaty shall be considered as only suspended in operation if it appears from the later treaty or is otherwise established that such was the intention of the parties. Article 60: Termination or suspension of the operation of a treaty as a consequence of its breach 1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as a ground for terminating the treaty or suspending its operation in whole or in part. 2. A material breach of a multilateral treaty by one of the parties entitles: (a) the other parties by unanimous agreement to suspend the operation of the treaty in whole or in part or to terminate it either: (i) in the relations between themselves and the defaulting State, or (ii) as between all the parties; (b) a party specially affected by the breach to invoke it as a ground for suspending the operation of the treaty in whole or in part in the relations between itself and the defaulting State; (c) any party other than the defaulting State to invoke the breach as a ground for suspending the operation of the treaty in whole or in part with respect to itself if the treaty is of such a character that a material breach of its provisions by one party radically changes the position of every party with respect to the further performance of its obligations under the treaty. 3. A material breach of a treaty, for the purposes of this article, consists in: (a) a repudiation of the treaty not sanctioned by the present Convention; or (b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty. 4. The foregoing paragraphs are without prejudice to any provision in the treaty applicable in the event of a breach. 5. Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person contained in treaties of a humanitarian character, in particular to provisions prohibiting any form of reprisals against persons protected by such treaties. Article 61: Supervening impossibility of performance 1. A party may invoke the impossibility of performing a treaty as a ground for terminating or withdrawing from it if the impossibility results from the permanent disappearance or destruction of an object indispensable for the execution of the treaty. If the impossibility is temporary, it may be invoked only as a ground for suspending the operation of the treaty. 2. Impossibility of performance may not be invoked by a party as a ground for terminating, withdrawing from or suspending the operation of a treaty if the impossibility is the result of a breach by that party either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty. Article 62: Fundamental change of circumstances 1. A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a ground for terminating or withdrawing from the treaty unless: (a) the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty; and (b) the effect of the change is radically to transform the extent of obligations still to be performed under the treaty. 2. A fundamental change of circumstances may not be invoked as a ground for terminating or withdrawing from a treaty: (a) if the treaty establishes a boundary; or (b) if the fundamental change is the result of a breach by the party invoking it either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty. 3. If, under the foregoing paragraphs, a party may invoke a fundamental change of circumstances as a ground for terminating or withdrawing from a treaty it may also invoke the change as a ground for suspending the operation of the treaty. Article 63: Severance of diplomatic or consular relations The severance of diplomatic or consular relations between parties to a treaty does not affect the legal relations established between them by the treaty except in so far as the existence of diplomatic or consular relations is indispensable for the application of the treaty. Article 64: Emergence of a new peremptory norm of general international law (jus cogens) If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates. SECTION 4. PROCEDURE Article 65: Procedure to be followed with respect to invalidity, termination, withdrawal from or suspension of the operation of a treaty 1. A party which, under the provisions of the present Convention, invokes either a defect in its consent to be bound by a treaty or a ground for impeaching the validity of a treaty, terminating it, withdrawing from it or suspending its operation, must notify the other parties of its claim. The notification shall indicate the measure proposed to be taken with respect to the treaty and the reasons thereof. 2. If, after the expiry of a period which, except in cases of special urgency, shall not be less than three months after the receipt of the notification, no party has raised any objection, the party making the notification may carry out in the manner provided in article 67 the measure which it has proposed. 3. If, however, objection has been raised by any other party, the parties shall seek a solution through the means indicated in article 33 of the Charter of the United Nations. 4. Nothing in the foregoing paragraphs shall affect the rights or obligations of the parties under any provisions in force binding the parties with regard to the settlement of disputes. 5. Without prejudice to article 45, the fact that a State has not previously made the notification prescribed in paragraph 1 shall not prevent it from making such notification in answer to another party claiming performance of the treaty or alleging its violation. Article 66: Procedures for judicial settlement, arbitration and conciliation If, under paragraph 3 of article 65, no solution has been reached within a period of 12 months following the date on which the objection was raised, the following procedures shall be followed: (a) any one of the parties to a dispute concerning the application or the interpretation of articles 53 or 64 may, by a written application, submit it to the International Court of Justice for a decision unless the parties by common consent agree to submit the dispute to arbitration; (b) any one of the parties to a dispute concerning the application or the interpretation of any of the other articles in Part V of the present Convention may set in motion the procedure specified in the Annex to the Convention by submitting a request to that effect to the Secretary-General of the United Nations. Article 67: Instruments for declaring invalid, terminating, withdrawing from or suspending the operation of a treaty 1. The notification provided for under article 65 paragraph 1 must be made in writing. 2. Any act declaring invalid, terminating, withdrawing from or suspending the operation of a treaty pursuant to the provisions of the treaty or of paragraphs 2 or 3 of article 65 shall be carried out through an instrument communicated to the other parties. If the instrument is not signed by the Head of State, Head of Government or Minister for Foreign Affairs, the representative of the State communicating it may be called upon to produce full powers. Article 68: Revocation of notifications and instruments provided for in articles 65 and 67 A notification or instrument provided for in articles 65 or 67 may be revoked at any time before it takes effect. SECTION 5. CONSEQUENCES OF THE INVALIDITY, TERMINATION OR SUSPENSION OF THE OPERATION OF A TREATY Article 69:Consequences of the invalidity of a treaty 1. A treaty the invalidity of which is established under the present Convention is void. The provisions of a void treaty have no legal force. 2. If acts have nevertheless been performed in reliance on such a treaty: (a) each party may require any other party to establish as far as possible in their mutual relations the position that would have existed if the acts had not been performed; (b) acts performed in good faith before the invalidity was invoked are not rendered unlawful by reason only of the invalidity of the treaty. 3. In cases falling under articles 49, 50, 51 or 52, paragraph 2 does not apply with respect to the party to which the fraud, the act of corruption or the coercion is imputable. 4. In the case of the invalidity of a particular State's consent to be bound by a multilateral treaty, the foregoing rules apply in the relations between that State and the parties to the treaty. Article 70: Consequences of the termination of a treaty 1. Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty under its provisions or in accordance with the present Convention: (a) releases the parties from any obligation further to perform the treaty; (b) does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination. 2. If a State denounces or withdraws from a multilateral treaty, paragraph 1 applies in the relations between that State and each of the other parties to the treaty from the date when such denunciation or withdrawal takes effect. Article 71: Consequences of the invalidity of a treaty which conflict with a peremptory norm of general international law 1. In the case of a treaty which is void under article 53 the parties shall: (a) eliminate as far as possible the consequences of any act performed in reliance on any provision which conflicts with the peremptory norm of general international law; and (b) bring their mutual relations into conformity with the peremptory norm of general international law. 2. In the case of a treaty which becomes void and terminates under article 64, the termination of the treaty: (a) releases the parties from any obligation further to perform the treaty; (b) does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination; provided that those rights, obligations or situations may thereafter be maintained only to the extent that their maintenance is not in itself in conflict with the new peremptory norm of general international law. Article 72: Consequences of the suspension of the operation of a treaty 1. Unless the treaty otherwise provides or the parties otherwise agree, the suspension of the operation of a treaty under its provisions or in accordance with the present Convention: (a) releases the parties between which the operation of the treaty is suspended from the obligation to perform the treaty in their mutual relations during the period of the suspension; (b) does not otherwise affect the legal relations between the parties established by the treaty. 2. During the period of the suspension the parties shall refrain from acts tending to obstruct the resumption of the operation of the treaty. PART VI: MISCELLANEOUS PROVISIONS Article 73:Cases of State succession, State responsibility and outbreak of hostilities The provisions of the present Convention shall not prejudge any question that may arise in regard to a treaty from a succession of States or from the international responsibility of a State or from the outbreak of hostilities between States. Article 74: Diplomatic and consular relations and the conclusion of treaties The severance or absence of diplomatic or consular relations between two or more States does not prevent the conclusion of treaties between those States. The conclusion of a treaty does not in itself affect the situation in regard to diplomatic or consular relations. Article 75: Case of an aggressor State The provisions of the present Convention are without prejudice to any obligation in relation to a treaty which may arise for an aggressor State in consequence of measures taken in conformity with the Charter of the United Nations with reference to that State's aggression. PART VII: DEPOSITARIES, NOTIFICATIONS, CORRECTIONS AND REGISTRATION Article 76: Depositaries of treaties 1. The designation of the depositary of a treaty may be made by the negotiating States, either in the treaty itself or in some other manner. The depositary may be one or more States, an international organization or the chief administrative officer of the organization. 2. The functions of the depositary of a treaty are international in character and the depositary is under an obligation to act impartially in their performance. In particular, the fact that a treaty has not entered into force between certain of the parties or that a difference has appeared between a State and a depositary with regard to the performance of the latter's functions shall not affect that obligation. Article 77: Functions of depositaries 1. The functions of a depositary, unless otherwise provided in the treaty or agreed by the contracting States, comprise in particular: (a) keeping custody of the original text of the treaty and of any full powers delivered to the depositary; (b) preparing certified copies of the original text and preparing any further text of the treaty in such additional languages as may be required by the treaty and transmitting them to the parties and to the States entitled to become parties to the treaty; (c) receiving any signatures to the treaty and receiving and keeping custody of any instruments, notifications and communications relating to it; (d) examining whether the signature or any instrument, notification or communication relating to the treaty is in due and proper form and, if need be, bringing the matter to the attention of the State in question; (e) informing the parties and the States entitled to become parties to the treaty of acts, notifications and communications relating to the treaty; (f) informing the States entitled to become parties to the treaty when the number of signatures or of instruments of ratification, acceptance, approval or accession required for the entry into force of the treaty has been received or deposited; (g) registering the treaty with the Secretariat of the United Nations; (h) performing the functions specified in other provisions of the present Convention. 2. In the event of any difference appearing between a State and the depositary as to the performance of the latter's functions, the depositary shall bring the question to the attention of the signatory States and the contracting States or, where appropriate, of the competent organ of the international organization concerned. Article 78: Notifications and communications Except as the treaty or the present Convention otherwise provide, any notification or communication to be made by any State under the present Convention shall: (a) if there is no depositary, be transmitted direct to the States for which it is intended, or if there is a depositary, to the latter; (b) be considered as having been made by the State in question only upon its receipt by the State to which it was transmitted or, as the case may be, upon its receipt by the depositary; (c) if transmitted to a depositary, be considered as received by the State for which it was intended only when the latter State has been informed by the depositary in accordance with article 77, paragraph 1 (e). Article 79: Correction of errors in texts or in certified copies of treaties 1. Where, after the authentication of the text of a treaty, the signatory States and the contracting States are agreed that it contains an error, the error shall, unless they decide upon some other means of correction, be corrected: (a) by having the appropriate correction made in the text and causing the correction to be initialed by duly authorized representatives; (b) by executing or exchanging an instrument or instruments setting out the correction which it has been agreed to make; or (c) by executing a corrected text of the whole treaty by the same procedure as in the case of the original text. 2. Where the treaty is one for which there is a depositary, the latter shall notify the signatory States and the contracting States of the error and of the proposal to correct it and shall specify an appropriate time- limit within which objection to the proposed correction may be raised. If, on the expiry of the time-limit: (a) no objection has been raised, the depositary shall make and initial the correction in the text and shall execute a procés-verbal of the rectification of the text and communicate a copy of it to the parties and to the States entitled to become parties to the treaty; (b) an objection has been raised, the depositary shall communicate the objection to the signatory States and to the contracting States. 3. The rules in paragraphs 1 and 2 apply also where the text has been authenticated in two or more languages and it appears that there is a lack of concordance which the signatory States and the contracting States agree should be corrected. 4. The corrected text replaces the defective text ab initio, unless the signatory States and the contracting States otherwise decide. 5. The correction of the text of a treaty that has been registered shall be notified to the Secretariat of the United Nations. 6. Where an error is discovered in a certified copy of a treaty, the depositary shall execute a procés-verbal specifying the rectification and communicate a copy of it to the signatory States and to the contracting States. Article 80: Registration and publication of treaties 1. Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations for registration or filing and recording, as the case may be, and for publication. 2. The designation of a depositary shall constitute authorization for it to perform the acts specified in the preceding paragraph. PART VIII: FINAL PROVISIONS Article 81: Signature The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a party to the Convention, as follows: until 30 November 1969, at the Federal Ministry for Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970, at United Nations Headquarters, New York. Article 82: Ratification The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 83: Accession The present Convention shall remain open for accession by any State belonging to any of the categories mentioned in article 81. The instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 84: Entry into force 1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession. Article 85: Authentic texts The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention. DONE at Vienna, this twenty-third day of May, one thousand nine hundred and sixty-nine. ANNEX 1. A list of conciliators consisting of qualified jurists shall be drawn up and maintained by the Secretary- General of the United Nations. To this end, every State which is a Member of the United Nations or a party to the present Convention shall be invited to nominate two conciliators, and the names of the persons so nominated shall constitute the list. The term of a conciliator, including that of any conciliator nominated to fill a casual vacancy, shall be five years and may be renewed. A conciliator whose term expires shall continue to fulfill any function for which he shall have been chosen under the following paragraph. 2. When a request has been made to the Secretary-General under article 66, the Secretary-General shall bring the dispute before a conciliation commission constituted as follows: The State or States constituting one of the parties to the dispute shall appoint: (a) one conciliator of the nationality of that State or of one of those States, who may or may not be chosen from the list referred to in paragraph 1; and (b) one conciliator not of the nationality of that State or of any of those States, who shall be chosen from the list. The State or States constituting the other party to the dispute shall appoint two conciliators in the same way. The four conciliators chosen by the parties shall be appointed within sixty days following the date on which the Secretary-General receives the request. The four conciliators shall, within sixty days following the date of the last of their own appointments, appoint a fifth conciliator chosen from the list, who shall be chairman. If the appointment of the chairman or of any of the other conciliators has not been made within the period prescribed above for such appointment, it shall be made by the Secretary-General within sixty days following the expiry of that period. The appointment of the chairman may be made by the Secretary- General either from the list or from the membership of the International Law Commission. Any of the periods within which appointments must be made may be extended by agreement between the parties to the dispute. Any vacancy shall be filled in the manner prescribed for the initial appointment. 3. The Conciliation Commission shall decide its own procedure. The Commission, with the consent of the parties to the dispute, may invite any party to the treaty to submit to it its views orally or in writing. Decisions and recommendations of the Commission shall be made by a majority vote of the five members. 4. The Commission may draw the attention of the parties to the dispute to any measures which might facilitate an amicable settlement. 5. The Commission shall hear the parties, examine the claims and objections, and make proposals to the parties with a view to reaching an amicable settlement of the dispute. 6. The Commission shall report within twelve months of its constitution. Its report shall be deposited with the Secretary-General and transmitted to the parties to the dispute. The report of the Commission, including any conclusions stated therein regarding the facts or questions of law, shall not be binding upon the parties and it shall have no other character than that of recommendations submitted for the consideration of the parties in order to facilitate an amicable settlement of the dispute. 7. The Secretary-General shall provide the Commission with such assistance and facilities as it may require. The expenses of the Commission shall be borne by the United Nations.

[1] Akin Oyebode “International Law and Politics: An African perspective”, 2003 P.81 [2] Article 2(1)(a) Vienna Convention on the Law of Treaties, 1969 [3] ICJ Reports, 1994. P112 [4] ibid, pg.121-2,ILR,pg.18-19 1 Article 2 of the agreement concerning the establishing of Global Technical Regulation for wheeled vehicle requirement and part which can be fitted and or be used on wheeled vehicle, 1998, limit participation to countries that are members of the Economic Commission for Europe (UN/ECE) regional economic integration organization that are set up by ECE member countries that are admitted to the ECE in a consultative capacity 2 Article 7 (2) (a) of Vienna convention on the law of treaties 1969

4 Vienna convention on the law of treaties 1969.

5 Article 2(4) United Nation Charter. 6 Article 7(4) of Vienna Convention on the Law of Treaties 1969. No cent nec present. 7 Article 34 of Vienna Convention on the Law of Treaties 1969 9 Article 28 and 29 of Vienna Convention of 1969 10 Article 300 of the United Nation Convention on Law of the Sea 11 Article 26 of Vienna Convention of 1969. 12 Article 14(2) of the Vienna Convention on the law of Treaties 1969. 13 Article 15 of the Vienna Convention on the law of Treaties 1969. 14 Article 24 of the Vienna Convention on the law of Treaties 1969. 15 Article 54 and 56 of the Vienna Convention on the law of Treaties 1969. 16 Article 2(1) (d) of the Vienna Convention on the law of Treaties 1969. 17 Article 23 (2) of the Vienna Convention on the law of Treaties 1969. 18 For example article 120 of the Rome Statute of the International Criminal Court 1998 provides “No reservation may be made to this statute” similarly no entity may make a reservation or exception to the Agreement. Relating to the implementation of part X1 of the United Nation Convention on the Sea of 10 December 1982, 1994, except where expressly provoked elsewhere in the agreement. 19 Article 20(5) of the Vienna Convention on the law of Treaties 1969. 20 Article 22(2) of the Vienna Convention on the law of Treaties 1969. 21 Article 19 (c)) of the Vienna Convention on the law of Treaties 1969. 22 Article 20(5) of the Vienna Convention on the law of Treaties 1969. 23 Article 21(3) of the Vienna Convention on the law of Treaties 1969. 24 Article 2(1) (d) of the Vienna Convention on the law of Treaties 1969. 25 Article 20 (1) of the Vienna Convention on the law of Treaties 1969. 26 Article 20(5) of the Vienna Convention on the law of Treaties 1969. 27 Article 20(4) (b) of the Vienna Convention on the law of Treaties 1969. 28 Article 21(5) of the Vienna Convention on the law of Treaties 1969. 29 Article 22-23 of the Vienna Convention on the law of Treaties 1969. 30 Cmnd 7438 (1979); 54ILR; p.6 31 ibid; pp41-2:54 ILR, pp48-9 1 Article 2 (1) (f) of the Vienna Convention on the law of Treaties 1969. 2 Article 25 of the Vienna Convention on the law of Treaties 1969. 3 Article 11 of the Vienna Convention on the law of Treaties 1969. 4 Article xiv of the Comprehensive Nuclear –test Ban treaty, 1969: 5 Article 126(1) of the Rome Statute of the International Criminal Court, 1998: 6 Article 45 (1) of the International Coffee Agreement 2001, 2000: 7 Article 55 of the Vienna Convention on the law of Treaties 1969 8 (Report of the fourth meeting of the parties to the Montreal protocol on substances that Deplete the Ozone Layer 1992 (UNEP/O ZLPRO4/15) decision iv/5, and annexes iv and v) 9 Article 39 of the Vienna Convention on the law of Treaties 1969 10 Article 39 of the Vienna Convention on the law of Treaties 1969 11 Ibid 12 See Article 56 of the Vienna Convention on the law of Treaties 1969 13 Article 48 of the Vienna Convention on the law of Treaties 1969 14 Article 49 of the Vienna Convention on the law of Treaties 1969 15 Article 44 of the Vienna Convention on the law of Treaties 1969 16 Article 52 of the Vienna Convention on the law of Treaties 1969 17 Article 60 of the Vienna Convention on the law of Treaties 1969 18 ICJ Report 1973, p3:55 ILR P.183 19 Ibid PP20-1:55 ILR p.200 20 Ibid 21 The preferred formats for a treaty or international agreement submitted by e-mail are Word perfect, or image (tiff) format. All electronic submissions by e-mail should be directed to treatyregistration@un.org 22 Contacting the Treaty Section, Treaty section telephone +1 212 9635047 Office of Legal Affairs, United Nations, New York, NY 10017 U.S.A 1 See the African Charter on Human and People Rights (Ratification and Enforcement) Act 1982. The Charter can only be applied to Nigeria upon, the approval of the National Assembly. See also section 12 of the 1999 Constitution. 2 See Section 12 of the 1999 constitution of the Federal Republic of Nigeria 3 See A.B. Oyebode, Treaty making and Treaty Implementation in Nigeria, An Appraisal Unpubl. D Jus Dissertation, Osgood Hall Law Schools, York University Totonto, Canada 1988 at 343 4 A.B Oyebode Op. cit.149 5 See Section 315 of the 1999 Constitution. 6 J.E. Fawcett, the British Commonwealth in International Law 91936 P47 7 (1996) 9N.W.L.R.710 8 Sani Abacha vs. Gani Fawehinmi (supra) 9 Trendix Corporation vs. Central Bank of Nigeria (1977) 2 WLR at p.388 10 (1990) 2 A.C..418 11 (1967) 2 Q.B. 116 12 (1985) A.C. 374 13 (1979) 1 ch.344 14 (1981) A.C. 303 15 (1983) 2 A.C. 180 16 (1995) 183 CLR 273 17 (1937) Ac 326; 8IL; p.41. 18 Ibid, Pp347-8;8;IIr;Pp43-4 2 (1933) PCIJ Report series A/B no. 53 3 Article 26 of the Vienna Convention on the law of Treaties 1969