Afghanistan
Upon signature: "Afghanistan's understanding of article 62 (fundamental change of circumstances) is as follows: "Sub-paragraph 2 (a) of this article does not cover unequal and illegal treaties, or any treaties which were contrary to the principle of self-determination. This view was also supported by the Expert Consultant in his statement of 11 May 1968 in the Committee of the Whole and on 14 May 1969 (doc. A/CONF.39/L.40) to the Conference."
Algeria
Declaration: The accession of the People's Democratic Republic of Algeria to the present Convention does not in any way mean recognition of Israel. This accession shall not be interpreted as involving the es-tablishment of relations of any kind whatever with Israel.
Reservation: The Government of the People's Democratic Republic of Algeria considers that the competence of the International Court of Justice cannot be exercised with respect to a dispute such as that envisaged in article 66 (a) at the request of one of the parties alone. It declares that, in each case, the prior agreement of all the parties concerned is necessary for the dispute to be submitted to the said Court.
Argentina
Armenia11
13 July 2006
Reservation "The Republic of Armenia does not consider itself bound by the provisions of article 66 of the Vienna Convention on the Law of Treaties and declares that for any dispute among the Contracting Parties concerning the application or the interpretation of any article of part V of the Convention to be submitted to the International Court of Justice for a decision or to the Conciliation Commission for consideration the consent of all the parties to the dispute is required in each separate case."
Belarus
Belgium12
21 June 1993
Reservation: The Belgian State will not be bound by articles 53 and 64 of the Convention with regard to any party which, in formulating a reservation concerning article 66 (a), objects to the settlement procedure established by this article.
Bolivia (Plurinational State of)
Upon signature: 1. The shortcomings of the Vienna Convention on the Law of Treaties are such as to postpone the realization of the aspirations of mankind. 2. Nevertheless, the rules endorsed by the Convention do represent significant advances, based on the principles of international justice which Bolivia has traditionally supported.
Brazil
Reservation: ... with a reservation to articles 25 and 66.
Bulgaria13
Declaration: The People's Republic of Bulgaria considers it necessary to underline that articles 81 and 83 of the Convention, which pre- clude a number of States from becoming parties to it, are of an unjustifiably restrictive character. These provisions are incompatible with the very nature of the Convention, which is of a universal character and should be open for accession by all States.
Canada
Chile
Reservation: The Republic of Chile declares its adherence to the general principle of the immutability of treaties, without prejudice to the right of States to stipulate, in particular, rules which modify this principle, and for this reason formulates a reservation relating to the provisions of article 62, paragraphs 1 and 3, of the Con- vention, which it considers inapplicable to Chile.
China
Reservation: 1. The People's Republic of China makes its reservation to article 66 of the said Convention.
Declaration: 2. The signature to the said Convention by the Taiwan authorities on 27 April 1970 in the name of "China" is illegal and therefore null and void.
Colombia
Reservation: With regard to article 25, Colombia formulates the reserva- tion that the Political Constitution of Colombia does not recog- nize the provisional application of treaties; it is the responsibility of the National Congress to approve or disapprove any treaties and conventions which the Government concludes with other States or with international legal entities.
Costa Rica14
Reservations and declarations made upon signature and confirmed upon ratification: 1. With regard to articles 11 and 12, the delegation of Costa Rica wishes to make a reservation to the effect that the Costa Rican system of constitutional law does not authorize any form of consent which is not subject to ratification by the Legislative Assembly. 2. With regard to article 25, it wishes to make a reservation to the effect that the Political Constitution of Costa Rica does not permit the provisional application of treaties, either. 3. With regard to article 27, it interprets this article as refer ring to secondary law and not to the provisions of the Political Constitution. 4. With regard to article 38, its interpretation is that no customary rule of general international law shall take precedence over any rule of the Inter-American System to which, in its view, this Convention is supplementary.
Cuba
Reservation: The Government of the Republic of Cuba enters an explicit reservation to the procedure established under article 66 of the Convention, since it believes that any dispute should be settled by any means adopted by agreement between the parties to the dispute; the Republic of Cuba therefore cannot accept solutions which provide means for one of the parties, without the consent of the other to submit the dispute to procedures for judicial settlement, arbitration and conciliation.
Declaration: The Government of the Republic of Cuba declares that the Vienna Convention on the Law of Treaties essentially codified and systematized the norms that had been established by custom and other sources of international law concerning negotiation, signature, ratification, entry into force, termination and other stipulations relating to international treaties; hence, those provisions, owing to their compulsory character, by virtue of having been established by universally recognized sources of international law, particularly those relating to invalidity, termination and suspension of the application of treaties, are applicable [to] any treaty negotiated by the Republic of Cuba prior to the aforesaid convention, essentially, treaties, covenants and concessions negotiated under conditions of inequality or which disregard or diminish its sovereignty and territorial integrity.
Czech Republic5
Denmark
Ecuador
Upon signature: In signing this Convention, Ecuador has not considered it necessary to make any reservation in regard to article 4 of the Convention because it understands that the rules referred to in the first part of article 4 include the principle of the peaceful settlement of disputes, which is set forth in Article 2, paragraph 3 of the Charter of the United Nations and which, as jus cogens , has universal and mandatory force. Ecuador also considers that the first part of article 4 is appli- cable to existing treaties. It wishes to place on record, in this form, its view that the said article 4 incorporates the indisputable principle that, in cases where the Convention codifies rules of lex lata , these rules, as pre-existing rules, may be invoked and applied to treaties signed before the entry into force of this Convention, which is the instrument codifying the rules.
Upon ratification : In ratifying this Convention, Ecuador wishes to place on record its adherence to the principles, norms and methods of peaceful settlement of disputes provided for in the Charter of the United Nations and in other international instruments on the subject, which have been expressly included in the Ecuadorian legal system in article 4, paragraph 3, of the Political Constitution of the Republic.
Finland15
Germany6
Upon signature: "The Federal Republic of Germany reserves the right, upon ratifying the Vienna Convention on the Law of Treaties, to state its views on the declarations made by other States upon signing or ratifying or acceding to that Convention and to make reservations regarding certain provisions of the said Convention."
Upon ratification: . . . 2. The Federal Republic of Germany assumes that the jurisdiction of the International Court of Justice brought about by consent of States outside the Vienna Convention on the Law of Treaties cannot be excluded by invoking the provisions of article 66 (b) of the Convention. 3. The Federal Republic of Germany interprets 'measures taken in conformity with the Charter of the United Nations', as referred to in article 75, to mean future decisions by the Security Council of the United Nations in conformity with Chapter VII of the Charter for the maintenance of international peace and security.
Guatemala16
Upon signature:
Reservations: I. Guatemala cannot accept any provision of this Convention which would prejudice its rights and its claim to the Territory of Belize. II. Guatemala will not apply articles [...], 25 and 66 in so far as they are contrary to the provisions of the Constitution of the Republic. III. Guatemala will apply the provision contained in article 38 only in cases where it considers that it is in the national interest to do so.
Upon ratification:
Reservations: (a) The Republic of Guatemala formally confirms reservations I and III which it formulated upon signing the [said Convention], to the effect, respectively, that Guatemala could not accept any provision of the Convention which would prejudice its rights and its claim to the territory of Belize and that it would apply the provision contained in article 38 of the Convention only in cases where it considered that it was in the national interest to do so; (b) With respect to reservation II, which was formulated on the same occasion and which indicated that the Republic of Guatemala would not apply articles [...], 25 and 66 of the [said Convention] insofar as they were contrary to the Constitution, Guatemala states: (b) (I) That it confirms the reservation with respect to the non-application of articles 25 and 66 of the Convention, insofar as both are incompatible with provisions of the Political Constitution currently in force; (b) (II) [...] Guatemala's consent to be bound by a treaty is subject to compliance with the requirements and procedures established in its Political Constitution. For Guatemala, the signature or initialling of a treaty by its representative is always understood to be ad referendum and subject, in either case, to confirmation by its Government. (c) A reservation is hereby formulated with respect to article 27 of the Convention, to the effect that the article is understood to refer to the provisions ofhe secondary legislation of Guatemala and not to those of its Political Constitution, which take precedence over any law or treaty.
Hungary17
Kuwait
Mongolia18
Declarations: 1. The Mongolian People's Republic declares that it reserves the right to take any measures to safeguard its interests in the case of the non-observance by other States of the provisions of the Vienna Convention on the Law of Treaties. 2. The Mongolian People's Republic deems it appropriate to draw attention to the discriminatory nature of article 81 and 83 of the Vienna Convention on the Law of Treaties and declares that the Convention should be open for accession by all States.
Morocco
Reservation made upon signature and confirmed upon ratifica tion: 1. Morocco interprets paragraph 2 (a) of article 62 (Funda- mental change of circumstances) as not applying to unlawful or inequitable treaties, or to any treaty contrary to the principle of self-determination. Morocco's views on paragraph 2 (a) were supported by the Expert Consultant in his statements in the Committee of the Whole on 11 May1968 and before the Conference in plenary on 14 May 1969 (see Document A/CONF.39/L.40). 2. It shall be understood that Morocco's signature of this Convention does not in any way imply that it recognized Israel. Furthermore, no treaty relationships will be established between Morocco and Israel.
Netherlands (Kingdom of the)
Declaration: "The Kingdom of the Netherlands does not regard the provi- sions of Article 66 (b) of the Convention as providing "some other method of peaceful settlement" within the meaning of the declaration of the Kingdom of the Netherlands accepting as compulsory the jurisdiction of the International Court of Justice which was deposited with the Secretary-General of the United Nations on 1 August 1956."
New Zealand
Declaration: The Government of New Zealand declares its understanding that nothing in article 66 of the Convention is intended to exclude the jurisdiction of the International Court of Justice where such jurisdiction exists under the provisions of any treaty in force binding the parties with regard to the settlement of disputes. In relations to states parties to the Vienna Convention which accept as compulsory the jurisdiction of the International Court of Justice, the Government of New Zealand declares that it will not regard the provisions of article 66 of the Vienna Convention as providing "some other method of peaceful settlement" within the meaning of this phrase where it appears in the declaration of the Government of New Zealand accepting as compulsory the jurisdiction of the International Court of Justice, which was deposited with the Secretary-General of the League of Nations on 8 April 1940."
Oman
Declaration: According to the understanding of the Government of the Sultanate of Oman the implementation of paragraph (2) of article (62) of the said Convention does not include those Treaties which are contrary to the right to self-determination.
Peru19
Reservation: For the Government of Peru, the application of articles 11, 12 and 25 of the Convention must be understood in accordance with, and subject to, the process of treaty signature, approval, ratification, accession and entry into force stipulated by its constitutional provisions.
Portugal
Declaration : "Article 66" of the Vienna of the Convention is inextricably linked with the provisions of Part V to which it relates. Therefore, Portugal declares that as to its relation with any State which has made or makes a reservation to the effect that this State will not be bound by some or all of the provisions of article 66, it will consider itself bound neither by those procedural norms nor by the substantive norms of Part V of the Convention to which the procedures provided for in Article 66 do not apply as a result of the said reservation. However, Portugal does not object to the entry into force of the remaining of the Convention between the Portuguese Republic and such a State and considers that the absence of treaty relations between itself and that State with regard to all or certain norms of Part V will not in any way impair the latter to fulfil any obligation embodied in those provisions to which it is subject under international law in dependently of the Convention".
Russian Federation
Declaration: The Union of Soviet Socialist Republics declares that it reserves the right to take any measures to safeguard its interests in the event of the non-observance by other States of the provisions of the Vienna Convention on the Law of Treaties.
Saudi Arabia
Reservation : "... with a reservation regarding Article 66 so that the recourse to judgement or to arbitration should be preceded by agreement between the two countries concerned."
Slovakia5
Syrian Arab Republic
Tunisia
Ukraine
United Kingdom of Great Britain and Northern Ireland20
Upon signature: "In signing the Vienna Convention on the Law of Treaties, the Government of the United Kingdom of Great Britain and Northern Ireland declare their understanding that nothing in article 66 of the Convention is intended to oust the jurisdiction of the International Court of Justice where such jurisdiction exists under any provisions in force binding the parties with regard to the settlement of disputes. In particular, and in relation to States parties to the Vienna Convention which accept as compulsory the jurisdiction of the International Court of Justice, the Government of the United Kingdom declare that they will not regard the provisions of sub-paragraph (b) of article 66 of the Vienna Convention as providing `some other method of peaceful settlement' within the meaning of sub-paragraph (i) (a) of the Declaration of the Government of the United Kingdom accepting as compulsory the jurisdiction of the International Court of Justice which was deposited with the Secretary-General of the United Nations on the 1st of January 1969. "The Government of the United Kingdom, while reserving their position for the time being with regard to other declarations and reservations made by various States on signing the Convention, consider it necessary to state that the United Kingdom does not accept that Guatemala has any rights or any valid claim in respect of the territory of British Honduras."
Upon ratification: It is [the United Kingdom's] understanding that nothing in Article 66 of the Convention is intended to oust the jurisdiction of the International Court of Justice where such jurisdiction exists under any provisions in force binding the parties with regard to the settlement of disputes. In particular, and in relation to States parties to the Vienna Convention which accept as compulsory the jurisdiction of the International Court, the United Kingdom will not regard the provisions of sub-paragraph (b) of Article 66 of the Vienna Convention on the Law of Treaties as providing 'some other method of peaceful settlement' within the meaning of sub-paragraph (i) (a) of the Declaration of the Government of the United Kingdom which was deposited with the Secretary-General of the United Nations on the 1st of January 1969.
United Republic of Tanzania
Viet Nam
Reservation: “Acceeding to this Convention, the Socialist Republic of Vietnam makes its reservation to article 66 of the said Convention.”
Austria
16 September 1998
With respect to the reservations made by Guatemala upon ratification: "Austria is of the view that the Guatemalan reservations refer almost exclusively to general rules of [the said Convention] many of which are solidly based on international customary law. The reservations could call into question well-established and universally accepted norms. Austria is of the view that the rservations also raise doubts as to their compatibility with the object and purpose of the [said Convention]. Austria therefore objects to these reservations. This objection does not preclude the entry into force of the [said Convention] between Austria and Guatemala."
22 October 1971
With regard to reservations made by Guatemala upon ratification: "These reservations refer to general rules of [the said Convention], many of which are solidly based on customary international law. The reservation - if accepted - could call to question well established and universally accepted norms. It is the opinion of the Government of Denmark that the reservations are not compatible with the object and purpose of [said Convention]. It is in the common interest of States that treaties to which they have chosen to become Parties are respected, as to their object and purpose, by all Parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. The Government of Denmark therefore objects to the aforesaid reservations made by the Government of Guatemala to [the said Convention]. This objection does not preclude the entry into force of [the said Convention] between Guatemala and Denmark and will thus enter into force between Guatemala and Denmark without Guatemala benefitting from these reservations."
Egypt
Finland
With regard to reservations made by Guatemala upon ratification: "These reservations which consist of general references to national law and which do not clearly specify the extent of the derogation from the provisions of the Convention, may create serious doubts about the Committment of the reserving State as to the object and purpose of the Convention and may contribute to undermining the basis of international treaty law. In addition, the Government of Finland considers the reservation to article 27 of the Convention particularly problematic as it is a well-established rule of customary international law. The Government of Finland would like to recall that according to article 19 c of the [said] Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted. The Government of Finland therefore objects to these reservations made by the Government of Guatemala to the [said] Convention. This objection does not preclude the entry into force of the Convention between Guatemala and Finland. The Convention will thus become operative between the two States without Guatemala benefitting from these reservations."
12 June 2002
Israel
16 March 1970
16 November 1970
Japan
3 April 1987
15 November 1999
In regard to the reservation made by Cuba upon accession: “In conformity with the terms of the objections the Kingdom of the Netherlands must be deemed to have objected to the reservation, excluding wholly or in part the procedures for the settlement of disputes, contained in article 66 of the Convention, as formulated by Cuba. Accordingly, the treaty relations between the Kingdom of the Netherlands and Cuba under the Convention do not include any of the provisions contained in Part V of the Convention. The Kingdom of the Netherlands reiterates that the absence of treaty relations between itself and Cuba in respect of Part V of the Convention will not in any way impair the duty of Cuba to fulfil any obligation embodied in those provisions to which it is subject under international law independent of the Convention."
11 October 2001
In regard to the reservation made by Peru upon ratification: "The Government of the Kingdom of the Netherlands has examined the reservation made by the Government of Peru at the time of its ratification of the Vienna Convention on the Law of Treaties. The Government of the Kingdom of the Netherlands nos that the articles 11, 12 and 25 of the Convention are being made subject to a general reservation referring to the contents of existing legislation in Peru. The Government of the Kingdom of the Netherlands is of the view that, in the absence of further clarification, this reservation raises doubts as to the commitment of Peru as to the object and purpose of the Convention and would like to recall that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted. It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose by all Parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservation made by the Government of Peru to the Vienna Convention on the Law of Treaties. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Peru."
4 December 2001
In regard to the reservation made by Viet Nam upon accession: "The Government of the Kingdom of the Netherlands has examined the reservation with regard to article 66 made by the Government of the Socialist Republic of Viet Nam at the time of its accession to the Vienna Convention on the Law of Treaties, concluded on 23 May 1969, and refers to the objections formulated by the Kingdom of the Netherlands upon its accession to the above-mentioned Convention on 9 April 1985. In conformity with the terms of the objections the Kingdom of the Netherlands must be deemed to have objected to the reservation formulated by the Socialist Republic of Viet Nam, excluding wholly the procedures for the settlement of disputes contained in article 66 of the Convention. Accordingly, the treaty relations between the Kingdom of the Netherlands and the Socialist Republic of Viet Nam under the Convention do not include any of the provisions contained in Part V of the Convention. The Kingdom of the Netherlands stresses that the absence of treaty relations between itself and the Socialist Republic of Viet Nam in respect of Part V of the Convention will not in any way impair the duty of Viet Nam to fulfil any obligation embodied in those provisions, to which it is bound under international law, independent of the Convention."
14 October 1971
10 August 1972
Sweden
4 February 1975
17 November 1999
With regard to the reservation made by Cuba upon accession: “The Government of Sweden wishes to recall its statements of the 4th of February 1975, made in connection with its ratification of the Convention, relating to the accession of the Syrian Arab Republic and the Republic of Tunisia respectively, which reads as follows: ‘Article 66 of the Convention contains certain provisions regarding procedures for judicial settlement, arbitration and conciliation. According to these provisions a dispute concerning the application or the interpretation of articles 53 or 64, which deal with the so called jus cogens, may be submitted to the International Court of Justice. If the dispute concerns the application or the interpretation of any of the other articles in Part V of the Convention, the conciliation procedure specified in the Annex to the Convention may be set in motion. The Swedish Government considers that these provisions regarding the settlement of disputes are an important part of the Convention and that they cannot be separated from the substantive rules with which they are connected. Consequently, the Swedish Government considers it necessary to raise objections to any reservation which is made by another State and whose aim is to exclude the application, wh or in part, of the provisions regarding the settlement of disputes. While not objecting to the entry into force of the Convention between Sweden and such a State, the Swedish Government considers that their treaty relations will not include either the procedural provision in respect of which a reservation has been made or the substantive provisions to which that procedural provision relates.' For the reasons set out above, which also apply to the reservation made by the Republic of Cuba, the Swedish Government objects to the reservation entered by the Government of the Republic of Cuba to the Vienna Convention on the Law of Treaties."
25 July 2001
With regard to the reservation made by Peru upon ratification: "The Government of Sweden has examined the reservation made by Peru at the time of its ratification of the Vienna Convention on the Law of Treaties. The Government of Sweden notes that articles 11, 12 and 25 of the Convention are being made subject to a general reservation referring to the contents of existing legislation in Peru. The Government of Sweden is of the view that, in the absence of further clarification, this reservation raises doubts as to the commitment of Peru to the object and purpose of the Convention and would like to recall that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted. It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. The Government of Sweden therefore objects to the aforesaid reservation by the Government of Peru to the Vienna Convention on the Law of Treaties. This objection shall not preclude the entry into force of the Convention between Peru and Sweden. The Convention enters into force in its entirety between the two States, without Peru benefiting from its reservation."
United Kingdom of Great Britain and Northern Ireland
22 June 1972
7 December 1977
5 June 1987
11 October 1989
With regard to the reservation made by Algeria upon accession: "The Government of the United Kingdom wish in this context to recall their declaration of 5 June 1987 [in respect of the accession of the Union of Soviet Socialist Republics] which in accordance with its terms applies to the reservations mentioned above, and will similarly apply to any like reservations which any other State may formulate."
19 November 1999
With regard to the reservation made by Cuba upon accession: "The Government of the United Kingdom of Great Britain and Northern Ireland objects to the reservation [...]. The Government of the United Kingdom wishes in this context to recall their declaration of 5 June 1987 (in respect of the accession of the Union of Soviet Socialist Republics) which in accordance with its terms applies to the reservation mentioned above, and will apply similarly to any like reservation which any other State may formulate. Accordingly the United Kingdom does not consider that the treaty relations between it and the Republic of Cuba include Part V of the Convention."
22 July 2002
With regard to the reservation made by Viet Nam upon accession: "The instrument of accession deposited by the Government of the Socialist Republic of Vietnam contains a reservation in respect of article 66 of the Convention. The United Kingdom objects to the reservation entered by the Socialist Republic of Vietnam in respect of article 66 and does not accept the entry into force of the Convention as between the United Kingdom and the Socialist Republic of Vietnam."
United States of America
26 May 1971
29 September 1972
Official Records of the General Assembly, Twenty-first Session, Supplement No. 16 (A/6316), p. 95.
bid., Twenty-second Session, Supplement No. 16 (A/6716), p. 80.
The former Yugoslavia had signed and ratified the Convention on 23 May 1969 and 27 August 1970, respectively. See also note 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.
Signed on behalf of the Republic of China on 27 April 1970. See note concerning signatures, ratifications, accessions, etc., on behalf of China (note 1 under "China" in the "Historical Information" secton in the front matter of this volume).
In a communication addressed to the Secretary-General with reference to the above-mentioned signature, the Permanent Mission of the Union of Soviet Socialist Republics stated that the said signature was irregular since the so-called "Government of China" represented no one and had no right to speak on behalf of China, there being only one Chinese State in the world-the People's Republic of China.
The Permanent Mission of Bulgaria to the United Nations later addressed to the Secretary-General a similar communication.
In two letters addressed to the Secretary-General in regard to the above-mentioned communications, the Permanent Representative of China to the United Nations stated that the Republic of China, a sovereign State and Member of the United Nations, had attended the United Nations Conference on the Law of Treaties in 1968 and 1969, contributed to the formulation of the Convention concerned and signed it, and that "any statements or reservations to the said Convention that are incompatible with or derogatory to the legitimate position of the Government of the Republic of China shall in no way affect the rights and obligations of the Republic of China as a signatory of the said Convention".
Czechoslovakia had acceded to the Convention on 29 July 1987, with a reservation. By a communication received on 19 October 1990, the Government of Czechoslovakia notified the Secretary-General of its decision to withdraw the reservation made upon accession with respect to article 66 of the Convention, which reads as follows:
The Czechoslovak Socialist Republic does not consider itself bound by the provisions of article 66 of the Convention and declares that, in accordance with the principle of sovereign equality of States, for any dispute to be submitted to the International Court of Justice or to a conciliation procedure, the consent of all the parties to the dispute is required in each separate case.
See also note 1 under "Czech Republic" and note 1 under "Slovakia" in the "Historical Information" section in the front matter of this volume.
The German Democratic Republic had acceded to the Convention on 20 October 1986 with the following reservation and declarations:
Reservation:
The German Democratic Republic does not consider itself bound by the provisions of article 66 of the Convention.
In order to submit a dispute concerning the application or the interpretation of article 53 or 64 to the International Court of Justice for a decision or to submit a dispute on the application or the interpretation of any of the other articles of Part V of the Convention to the Conciliation Commission for consideration it shall be necessary in every single case to have the consent of all Parties to the dispute. The members of the Conciliation commission shall be appointed jointly by the Parties to the dispute.
Declarations:
The German Democratic Republic declares that it reserves itself the right to take measures to protect its interests in the case that other States would not comply with the provisions of the Convention.
The German Democratic Republic holds the view that the provisions of articles 81 and 83 of the Convention are in contradiction to the principle according to which any State, the policy of which is guided by the purposes and principles of the United Nations Charter, has the right to become a Party to Conventions affecting the interests of all States.
See also note 2 under "Germany" in the "Historical Information" section in the front matter of this volume.
See note 1 under "Germany" in the "Historical Information" section in the front matter of this volume.
See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
See note 1 under "Netherlands" regarding Aruba/Netherlands Antilles in the "Historical Information" section in the front matter of this volume.
With reference to this signature, communications have been addressed to the Secretary-General by the Permanent Missions to the United Nations of Bulgaria, Mongolia and the Union of Soviet Socialist Republics, stating that the said signature was illegal inasmuch as the South Korean authorities could not under any circumstances speak on behalf of Korea.
In a communication addressed to the Secretary-General the Permanent Observer of the Republic of Korea to the United Nations declared that the above-mentioned statement by the Permanent Mission of the Union of Soviet Socialist Republics was without legal foundation and therefore neither affected the legitimate act of signing the Convention by the Government of the Republic of Korea nor prejudiced the rights and obligations of the Republic of Korea under it. He further stated that "in this connexion, it should be noted that the General Assembly of the United Nations declared at its third session and has continuously reaffirmed thereafter that the Government of the Republic of Korea is the only lawful Government in Korea".
Subsequently, in a communication received on 24 October 2002, the Government of Bulgaria informed the Secretary-General of the following:
"... upon signature of the above Convention by the Republic of Korea, in 1971, the Government of the People's Republic of Bulgaria[,] in [a] communication addressed to the Secretary-General with reference to the above-mentioned signature, ... stated that its Government considered the said signature was illegal inasmuch as the South Korean authorities could not speak on behalf of Korea.
Now therefore [the Government of the Republic of Bulgaria declares] that the Government of the Republic of Bulgaria, having reviewed the said declaration, hereby withdraws the same."
Within a period of one year from the date of the depositary notification transmitting the reservation (i.e. 13 July 2005), none of the Contracting Parties to the said Convention had notified the Secretary-General of an objection either to the deposit itself or to the procedure envisaged. Consequently, the reservation in question was accepted for deposit upon the above-stipulated one year period, that is on 13 July 2006.
On 18 February 1993, the Government of Belgium notified the Secretary-General that its instrument of accession should have speci- fied that the said accession was made subject to the said reservation. None of the Contracting Parties to the Agreement having notified the Secretary-General of an objection either to the deposit itself or to the procedure envisaged, within a period of 90 days from the date its circulation (23 March 1993), the reservation is deemed to have been accepted.
In a notification received on 6 May 1994, the Government of Bulgaria notified the Secretary-General that it had decided to withdraw the reservation made upon accession with regard to article 66 (a), which read as follows:
The People's Republic of Bulgaria does not consider itself bound by the provision of article 66, paragraph a) of the Convention, according to which any one of the parties to a dispute concerning the application or the interpretation of article 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. The Government of the People's Republic of Bulgaria states that for the submission of such a dispute to the International Court of Justice for a decision, the preliminary consent of all parties to the dispute is needed.
In this regard, on 13 October 1998, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following communication: "The Government of the United Kingdom object to the reservation entered by Costa Rica in respect of article 27 and reiterate their observation in respect of the similar reservation entered by the Republic of Guatemala."
On 20 April 2001, the Government of Finland informed the Secretary-General that it had decided to withdraw its declaration in respect of article 7 (2) made upon ratification. The text of the declaration reads as follows:
"Finland declares its understanding that nothing in paragraph 2 of article 7 of the Convention is intended to modify any provisions of internal law in force in any Contracting State concerning competence to conclude treaties. Under the Constitution of Finland the competence to conclude treaties is given to the President of the Republic, who also decides on the issuance of full powers to the Head of Government and the Minister for Foreign Affairs.
On 15 March 2007, the Government of Guatemala informed the Secretary-General of that it had decided the following:
"Withdraw in their entirety the reservations formulated by the Republic of Guatemala on 23 May 1969 and confirmed upon 14 May 1997 to Articles 11 and 12 of the Vienna Convention on the Law of Treaties."
The text of the reservations made upon signature and ratification read as follows:
Reservations:
I. Guatemala cannot accept any provision of this Convention which would prejudice its rights and its claim to the Territory of Belize.
II. Guatemala will not apply articles 11, 12, 25 and 66 in so far as they are contrary to the provisions of the Constitution of the Republic.
III. Guatemala will apply the provision contained in article 38 only in cases where it considers that it is in the national interest to do so.
(a) The Republic of Guatemala formally confirms reservations I and III which it formulated upon signing the [said Convention], to the effect, respectively, that Guatemala could not accept any provision of the Convention which would prejudice its rights and its claim to the territory of Belize and that it would apply the provision contained in article 38 of the Convention only in cases where it considered that it was in the national interest to do so; (b) With respect to reservation II, which was formulated on the same occasion and which indicated that the Republic of Guatemala would not apply articles 11,12, 25 and 66 of the [said Convention] insofar as they were contrary to the Constitution, Guatemala states: (b) (I) That it confirms the reservation with respect to the non-application of articles 25 and 66 of the Convention, insofar as both are incompatible with provisions of the Political Constitution currently in force; (b) (II) That it also confirms the reservation with respect to the non-application of articles 11 and 12 of the Convention.
Guatemala's consent to be bound by a treatyis subject to compliance with the requirements and procedures established in its Political Constitution. For Guatemala, the signature or initialling of a treaty by its representative is always understood to be ad referendum and subject, in either case, to confirmation by its Government.
(c) A reservation is hereby formulated with respect to article 27 of the Convention, to the effect that the article is understood to refer to the provisions of the secondary legislation of Guatemala and not to those of its Political Constitution, which take precedence over any law or treaty.
In will be recalled that the Secretary-General received communications in regard to the said reservations from the various States on the dates indicated hereinafter:
Germany (21 September 1998):
These reservations refer almost exclusively to general rules of the Convention many of which are solidly based on customary international law. The reservations could call into question well-established and universally-accepted norms of international law, especially insofar as the reservations concern articles 27 and 38 of the Convention. The Government of the Federal Republic of Germany is of the view that the reservations also raise doublts as to their compatibility with the object and purpose of the Convention. The Government of the Federal Republic of Germany therefore objects to these reservations. This objection does not preclude the entry into force of the Convention between Germany and Guatemala.
Belgium (30 September 1998):
The reservations entered by Guatemala essentially concern general rules laid down in the [said Convention], many of which form part of customary international law. These reservations could call into question firmly established and universally accepted norms. The Kingdom of Belgium therefore raises an objection to the reservations. This objection does not prevent the [said Convention] from taking effect between the Kingdom of Belgium and Guatemala.
United Kingdom of Great Britain and Northen Ireland (13 October 1998):
"The Government of the United Kingdom of Great Britain and Northern Ireland object to the reservation entered by the Republic of Guatemala in respect of article 27, and wish to observe that the customary international law rule set out in that article applies to constitutional as well as to other internal laws. The Government of the United Kingdom object also to the reservation entered by the Republic of Guatemala in respect of article 38, by which the Republic of Guatemala seek subjective application of the rule of customary international law set out in that article. The Government of the United Kingdom wish to recall their declaration of 5 June 1987 (in respect of the accession of the Union of Soviet Socialist Republics), which, in accordance with its terms, applies to the reservation entered by the Republic of Guatemala in respect of article 66 and will similarly apply to any like reservation which any other State may formulate."
In a communication received on 8 December 1989, the Government of Hungary notified the Secretary-General that it had decided to withdraw as from that date, its reservation regarding article 66 made upon accession which reservation reads as follows:
The Hungarian People's Republic does not consider itself bound by the provisions of article 66 of the Vienna Convention on the Law of Treaties and declares that submission of a dispute concerning the application or the interpretation of article 53 or 64 to the International Court of Justice for a decision or submission of a dispute concerning the application or the interpretation of any articles in Part V of the Convention to a conciliation commission for consideration shall be subject to the consent of all the parties to the dispute and that the conciliators constituting the conciliation commission shall have been nominated exclusively with the common consent of the parties to the dispute.
In a communication received on 19 July 1990, the Government of Mongolia notified the Secretary-General of its decision to withdraw the reservation made upon accession, which reads as follows:
1. The Mongolian People's Republic does not consider itself bound by the provisions of article 66 of the Convention.
The Mongolian People's Republic declares that submission of any dispute concerning the application or the interpretation of articles 53 and 64 to the International Court of Justice for a decision as well as submission of any dispute concerning the application or the interpretation of any other articles in Part V of the Convention to a conciliation commission for consideration shall be subject to the consent of all the parties to the dispute in each separate case, and that the conciliators constituting the conciliation commission shall be appointed by the parties to the dispute by common consent.
2. The Mongolian People's Republic is not obligated by the provisions of article 45 (b) of the Vienna Convention on the Law of Treaties, since they are contrary to established international practice.
On 14 November 2001, the Secretary-General received from the Government of Austria the following communication:
"Austria has examined the reservation made by the Government of Peru at the time of its ratification of the Vienna Convention on the Law of Treaties, regarding the application of articles 11, 12 and 25 of the Convention.
The fact that Peru is making the application of the said articles subject to a general reservation referring to the contents of existing national legislation, in the absence of further clarification raises doubts as to the commitment of Peru to the object and purpose of the Convention. According to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted. In Austria's view the reservation in question is therefore inadmissible to the extent that its application could negatively affect the compliance by Peru with its obligations under articles 11, 12 and 25 of the Convention.
For these reasons, Austria objects to the reservation made by the Government of Peru to the Vienna Convention on the Law of Treaties.
This objection shall not preclude the entry into force of the Convention in its entirety between Peru and Austria, without Peru benefiting from its reservation."
In this regard, the Secretary-General received, on 21 January 2002, from the Government of Peru the following communcation:
[The Government of Peru refers to the communication made by the Government of Austria relating to the reservation made by Peru upon ratification]. In this document, Member States are informed of a communication from the Government of Austria stating its objection to the reservation entered in respect of the Vienna Convention on the Law of Treaties by the Government of Peru on 14 September 2000 when depositing the corresponding instrument of ratification.
As the [Secretariat] is aware, article 20, paragraph 5, of the Vienna Convention states that "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 (...)". The ratification and reservation by Peru in respect of the Vienna Convention were communicated to Member States on 9 November 2000.
Since the communication from the Austrian Government was received by the Secretariat on 14 November 2001 and circulated to Member States on 28 November 2001, the Peruvian Mission is of the view that there is tacit acceptance on the part of the Austrian Government of the reservation entered by Peru, the 12-month period referred to in article 20, paragraph 5, of the Vienna Convention having elapsed without any objection being raised. The Peruvian Government considers the communication from the Austrian Government as being without legal effect, since it was not submitted in a timely manner.
On 24 February 1998, the Secretary-General received from the Government of Guatemala the following communication:.
Guatemala maintains a territorial dispute over the illegal occupation of part of its territory by the Government of the United Kingdom of Great Britain and Northern Ireland, succeeded by the Government of Belize, and Guatemala therefore continues to assert a valid claim based on international law which must be settled by restoring to it the territory which historically and legally belongs to it.
The nomination of the conciliators listed hereinafter was not renewed after five years: