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STATUS AS AT : 16-04-2014 05:02:43 EDT
CHAPTER XXIII
LAW OF TREATIES
3 . Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations
Vienna, 21 March 1986
Not yet in force
:
see article 85 which reads as follows : "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 by States or by Namibia, represented by the United Nations Council for Namibia. 2. For each State or for Namibia, represented by the United Nations Council for Namibia, ratifying or acceding to the Convention after the condition specified in paragraph 1 has been fulfilled, the Convention shall enter into force on the thirtieth day after deposit by such State or by Namibia of its instrument of ratification or accession. 3. For each international organization depositing an instrument relating to an act of formal confirmation or an instrument of accession, the Convention shall enter into force on the thirtieth day after such deposit, or at the date the Convention enters into force pursuant to paragraph 1, whichever is later.".
Status :
Signatories : 39. Parties : 42. 1
Text :
Doc. A/CONF.129/15.
Note :
The Convention was open for signature by all States, Namibia and international organizations invited to the Conference, until 31 December 1986 at the Federal Ministry for Foreign Affairs of the Republic of Austria, and subsequently, until 30 June 1987, at the United Nations Headquarters in New York.
Participant
Signature, Succession to signature(d)
Ratification, Accession(a), Formal confirmation(c), Succession(d)
Argentina
30 Jan 1987
17 Aug 1990
Australia
  16 Jun 1993 a
Austria
21 Mar 1986
26 Aug 1987
Belarus
  30 Dec 1999 a
Belgium
 9 Jun 1987
 1 Sep 1992
Benin
24 Jun 1987
 
Bosnia and Herzegovina 2
12 Jan 1994 d
 
Brazil
21 Mar 1986
 
Bulgaria
  10 Mar 1988 a
Burkina Faso
21 Mar 1986
 
Colombia
  24 Jul 2009 a
Côte d'Ivoire
21 Mar 1986
 
Council of Europe
11 May 1987
 
Croatia
  11 Apr 1994 a
Cyprus
29 Jun 1987
 5 Nov 1991
Czech Republic 3
  22 Feb 1993 d
Democratic Republic of the Congo
21 Mar 1986
 
Denmark
 8 Jun 1987
26 Jul 1994
Egypt
21 Mar 1986
 
Estonia
  21 Oct 1991 a
Food and Agriculture Organization of the United Nations
29 Jun 1987
 
Gabon
   5 Nov 2004 a
Germany 4
27 Apr 1987
20 Jun 1991
Greece
15 Jul 1986
28 Jan 1992
Hungary
  17 Aug 1988 a
International Atomic Energy Agency
  26 Apr 2001 a
International Civil Aviation Organization
29 Jun 1987
24 Dec 2001 c
International Criminal Police Organization
   3 Jan 2001 a
International Labour Organisation
31 Mar 1987
31 Jul 2000 c
International Maritime Organization
30 Jun 1987
14 Feb 2000 c
International Telecommunication Union
29 Jun 1987
 
Italy
17 Dec 1986
20 Jun 1991
Japan
24 Apr 1987
 
Liberia
  16 Sep 2005 a
Liechtenstein
   8 Feb 1990 a
Malawi
30 Jun 1987
 
Malta
  26 Sep 2012 a
Mexico
21 Mar 1986
10 Mar 1988
Montenegro 5
23 Oct 2006 d
 
Morocco
21 Mar 1986
 
Netherlands 6
12 Jun 1987
18 Sep 1997
Organisation for the Prohibition of Chemical Weapons
   2 Jun 2000 a
Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization
  11 Jun 2002 a
Republic of Korea
29 Jun 1987
 
Republic of Moldova
  26 Jan 1993 a
Senegal
 9 Jul 1986
 6 Aug 1987
Serbia 2
12 Mar 2001 d
 
Slovakia 3
  28 May 1993 d
Spain
  24 Jul 1990 a
Sudan
21 Mar 1986
 
Sweden
18 Jun 1987
10 Feb 1988
Switzerland
   7 May 1990 a
United Kingdom of Great Britain and Northern Ireland
24 Feb 1987
20 Jun 1991
United Nations
12 Feb 1987
21 Dec 1998 c
United Nations Educational, Scientific and Cultural Organization
23 Jun 1987
 
United Nations Industrial Development Organization
   4 Mar 2002 a
United States of America
26 Jun 1987
 
Universal Postal Union
  19 Oct 2004 a
Uruguay
  10 Mar 1999 a
World Health Organization
30 Apr 1987
22 Jun 2000 c
World Intellectual Property Organization
  24 Oct 2000 a
World Meteorological Organization
30 Jun 1987
 
Zambia
21 Mar 1986
 
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon ratification,
accession or formal confirmation.)
Belgium 7

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 (2), objects to the settlement procedure established by this article.

Bulgaria 8

Declaration on article 2, paragraph 1, sub-paragraph j:
       The People's Republic of Bulgaria considers that the practice of an individual International Organization may be considered as established according to article 2, paragraph 1, sub-paragraph j, only when it has been adopted as such by all Member States of this Organization.

Declaration on article 62, paragraph 2:
       The People's Republic of Bulgaria considers that the term "Boundary" as it is used in the text of article 62, paragraph 2, means State Boundary and it may be established only by States.

Declaration on article 74, paragraph 3:
       The People's Republic of Bulgaria considers that a treaty which an International Organization is a party to, may establish obligations for Members States of this Organization only if the Member States have expressed their consent in advance in each individual case.

Colombia

Reservations:
       (a) With respect to articles 11 to 17, and in accordance with article 46, Colombia specifies that Colombia’s plenipotentiary representative can express the consent of the Colombian State only after the treaty has been approved by the Congress and reviewed by the Constitutional Court.
       (b) With respect to article 25, Colombia specifies that only treaties relating to economic or commercial matters that have been agreed upon within the framework of international organizations which so provide may be applied provisionally by Colombia without prior approval of the Congress and review by the Constitutional Court.

Interpretative declaration:
       (c) With respect to article 27, paragraph 1, Colombia specifies that it accepts that a State may not invoke the provisions of its internal law as justification for its failure to perform the treaty, on the understanding that this rule does not exclude judicial control of the constitutionality of laws adopting treaties.”

Denmark

Reservation:
       ... Where parties formulate reservations or partial reserva- tions with respect to the provisions of article 66 of the Convention concerning the obligatory settlement of certain disputes, Denmark does not consider itself bound by the provisions of Part V of the Convention whereby the procedures for settlement set forth in article 66 shall not be applied if reservations have been formulated by other parties.

Germany

Declarations:
       1. The Federal Republic of Germany presumes that the juris- diction of the International Court of Justice brought about by consent of States outside the [said] Convention cannot be excluded by invoking the provisions of article 66, paragraph 4 of the Convention.
       2. The Federal Republic of Germany interprets "measures taken in conformity with the Charter of the United Nations" as referred to in article 76 of the [said] Convention to mean decisions taken in future by the United Nations Security Council in conformity with Chapter VII of the Charter on the maintenance of international peace and security.

Hungary 9

Netherlands

Declaration:
       "The Kingdom of the Netherlands does not regard the provisions of article 66 (b), (c) and (d) 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;
       The Kingdom of the Netherlands is of the opinion that the provisions regarding the settlement of disputes, as laid down in article 66 of the Convention, are an important part of the Convention and that they cannot be separated from the substantive rules with which they are connected."

Senegal

Upon signature:
       In signing this Convention, [the Government of Senegal de- clares] that the completion of this formality shall not be inter- preted in so far as Senegal is concerned as a recognition of the right of international organizations to appear as parties before the International Court of Justice.

Objections
(Unless otherwise indicated, the objections were made upon
ratification, accession or formal confirmation.)
Germany
       The Federal Republic of Germany rejects the reservation made by the Republic of Bulgaria with regard to article 66,   paragraph 2 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations as incompatible with the object and purpose of the said Convention. In this connection it wishes to point out that the Federal Republic of Germany considers articles 53 and 64 of the Convention, on the one hand, and article 66, paragraph 2, on the other, to be inextricably linked.

End Note
1.International organizations, which are party to the Convention, are not counted for entry into force purposes, pursuant to article 85 of the Convention.
2.The former Yugoslavia had signed the Convention on 21 March 1986.  See also notes 1 under “Bosnia and Herzegovina”, “Croatia”, “Slovenia, “former Yugoslavia” and “Yugoslavia” in the “Historical Information” section in the front matter of this volume.
3.Czechoslovakia had acceded to the Convention on 19 October 1990. See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.
4.See note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.
5.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
6.For the Kingdom in Europe, the Netherlands Antilles and Aruba.
7.On 18 February 1993, the Government of Belgium notified the Secretary-General that its instrument of ratification should have speci- fied that the said ratification 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 of its circulation (23 March 1993), the reservation is deemed to have been accepted.
8.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, which reads as follows:

The People's Republic of Bulgaria does not consider itself bound by the provisions of article 66, paragraph 2 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations under the terms of which each party to a dispute concerning the interpretation and application of article 53 and 64 may submit it to the International Court of Justice for a decision. The Government of the People's Republic of Bulgaria declares that submission of such dispute to the International Court of Justice requires the preliminary consent of all parties to it in each individual case.

9.In a communication received by the Secretary-General on 8 December 1989, the Government of Hungary notified the Secretary-General that it had decided to withdraw its reservation to the Convention with regard to article 66 which reads as follows:

The Hungarian People's Republic does not consider itself bound by the provisions of paragraph 2 (a) of article 66 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations and declares that submission of a dispute concerning the application or the interpretation of articles 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 the conciliators constituting the conciliation commission shall have been nominated exclusively with the common consent of the parties to the dispute.