Vienna Convention on the Law of Treaties - 1980

nor any question of the responsibility in which a State may incur by the conclusion or application of a treaty whose provisions are incompatible with the obligations contracted with respect to another State by virtue of another treaty. SECTION THREE Interpretation of treaties.

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. In the interpretation of a treaty, the context 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 connexion with the conclusion of the treaty; b) any instrument which was made by one or more parties in connexion 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 whereby it is established that the parties have agreed 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. 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 given by article 31: a) leaves the meaning ambiguous or obscure; or b) leads to a result which is manifestly absurd or unreasonable. 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 a 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 a 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 FOUR Treaties and third States. 34. General rule regarding third States. A treaty does not create either obligations or rights for a third State without its consent. 35. Treaties providing for obligations for third States. A provision in a treaty will create an obligation for a third State 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. 36. Treaties providing for rights for third States. 1. A provision in a treaty will create a right for a third State 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 if 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 it. 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 not be revoked or modified by the parties except with the consent of the third State, unless it is established that they had agreed otherwise. 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 to be revocable only with the consent of the third State. 38. Rules in a treaty becoming binding on third States through international custom. The provisions of articles 34 to 37 do not prevent 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. 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. 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 agreement which amends the treaty will not bind any State already a party to the treaty which does not become a party to the amending agreement; with respect to such State, the provision of sub-paragraph (b) of paragraph 4 of article 30 applies. 5. Any State becoming a party to the treaty after the entry into force of the amending agreement shall, failing an expression of different intention by that State, be considered as: a) a party to the treaty as amended; and b) a party to the unamended treaty in respect to any party to the treaty not bound by the amending agreement. 41. Agreements to modify multilateral treaties between certain 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 modification is provided for by the treaty; or b) the modification is not prohibited by the treaty, provided that:

  • i)

    the modification does not affect the enjoyment of the rights which any other party may claim to derive from the treaty, nor the performance of its obligations; and

  • ii)

    the modification 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 sub-paragraph (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 proposed thereby. PART V Nullity, termination and suspension of operation of treaties. SECTION ONE General provisions. 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 not be impugned except through the application of the present Convention. 2. The termination of a treaty, its denunciation or the withdrawal of a party may not take place as a result of anything other than the application of the provisions of the treaty or of the present Convention. The same rule applies to the suspension of the operation of a treaty. 43. Obligations imposed by international law independently of a treaty. The nullity, termination or denunciation of a treaty, the withdrawal of a party, 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 fulfil any obligation embodied in the treaty to which it would be subject under international law independently of the treaty. 44. Separability of treaty provisions. 1. A right of a party, provided for in a treaty or arising out of article 56, to denounce, withdraw from or suspend the operation of the treaty may not be exercised except 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 not be invoked except with respect to the whole treaty, save in the cases provided for in the following paragraphs or in article 60. 3. If the ground relates only 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 fraud or corruption may do so with respect to the whole treaty or, in the case provided for in paragraph 3, with respect only to particular clauses. 5. In the cases provided for in articles 51, 52 and 53, no separation of the provisions of the treaty is permitted. 45. Loss of the 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, that State has: a) expressly agreed that the treaty is valid or remains in force or continues in operation, as the case may be; or b) must by reason of its conduct be considered as having acquiesced in the validity of the treaty or in its continuance in force or in operation, as the case may be. SECTION TWO Nullity of treaties. 46. Provisions of internal law concerning competence to conclude treaties. 1. A State may not invoke the fact that its consent to be bound by a treaty was 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. 47. Specific restrictions on powers to express consent. If the powers of a representative to express the consent of a State to be bound by a particular treaty have been made subject to a specific restriction, the failure of that representative 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 expression of consent. 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 that State assumed to exist at the time when the treaty was concluded and which 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 text of a treaty as authenticated does not affect its validity; article 79 then applies. 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. 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 corruption of its representative effected directly or indirectly by another negotiating State, the State may invoke such corruption as invalidating its consent to be bound by the treaty. 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 coercion of its representative through threats or acts directed against him shall be without any legal effect. 52. Coercion of a State by threat or use of force. Any treaty the conclusion of which is procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations is void. 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 only be modified by a subsequent norm of general international law having the same character.

    SECTION THREE Termination of treaties and suspension of their operation. 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. 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. 56. Denunciation or withdrawal in the case of a treaty which contains 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 of withdrawal; or b) a right of denunciation or of withdrawal may be implied by the nature of the treaty. 2. A party shall give not less than twelve months' notice in writing before the effective date of the denunciation or withdrawal. 57. Suspension of the operation of a treaty under its provisions or by consent of the parties. The operation of a treaty in respect of all the parties or of 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. 58. Suspension of the operation of a multilateral treaty by agreement between certain 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 suspension is provided for by the treaty; or

    b) the suspension is not prohibited by the treaty, provided that: i) the suspension does not affect the enjoyment of the rights which any other party may claim to derive from the treaty, nor the performance of its obligations; and ii) the suspension is not incompatible with the object and purpose of the treaty. 2. Unless in a case falling under sub-paragraph (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 whose operation they intend to suspend. 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 agreed 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 operating simultaneously. 2. The earlier treaty shall be considered as only suspended in operation if it appears from the later treaty or is otherwise agreed that such was the intention of the parties. 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. For the purposes of this article, a material breach of a treaty 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 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 with respect to persons protected by such treaties. 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. 62. Fundamental change of circumstances. 1. A fundamental change of the circumstances which existed 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 change fundamentally transforms the extent of obligations still to be performed. 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. When, in accordance with 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. 63. Severance of diplomatic or consular relations. The severance of diplomatic or consular relations between parties to a treaty does not in itself affect the legal relations established between them by the treaty unless the existence of diplomatic or consular relations is indispensable for the application of the treaty. 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 FOUR Procedure. 65. Procedure to be followed with regard to invalid treaties or to termination, withdrawal or suspension of the operation of a treaty. 1. A party which, relying on the provisions of the present Convention, claims that a treaty is invalid or terminated, or wishes to withdraw from it or to suspend its operation, shall 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 therefor. 2. If, after the expiry of a period which, unless in cases of special urgency the period shall not be less than three months following the receipt of the notification, no objection has been raised by any other party, the party making the notification may carry out in the manner provided in article 67 the action 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 which are or may be in force as between them under any provisions in force binding the parties with respect to the settlement of disputes. 5. Without prejudice to article 45, the fact that a State has not made the notification prescribed in paragraph 1 shall not prevent it from making such notification in response to a notification made by another party claiming performance of the treaty or alleging its violation. 66. Procedures for judicial settlement, arbitration and conciliation. If, within twelve months following the date on which the objection was raised, no solution has been reached under paragraph 3 of article 65, the following procedures shall be followed:

        • a)

          any one of the parties to a dispute concerning the application or interpretation of articles 53 or 64 may, by a written application, submit it to the International Court of Justice, 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 interpretation of any of the other articles in Part V of the present Convention may initiate the procedure indicated in the Annex to the Convention by submitting a request to that effect to the Secretary-General of the United Nations.

shall be made in writing. 2. Any act declaring invalid a treaty, terminating it, withdrawing from it or suspending its operation in accordance with 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, the Head of Government or the Minister for Foreign Affairs, the representative of the State communicating it may be called upon to produce his full powers. 68. Revocation of notifications and instruments provided for in articles 65 and 67. Notifications or instruments provided for in articles 65 and 67 may be revoked at any time before they produce legal effect. SECTION FIVE Consequences of the invalidity, termination or suspension of the operation of a treaty. 69. Consequences of the invalidity of a treaty. 1. A treaty whose invalidity 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 situation 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 the cases provided for in articles 49, 50, 51 or 52, the obligation to establish the situation as described in sub-paragraph (a) of paragraph 2 shall not apply with respect to the party to which is imputable the fraud, act of corruption or coercion. 4. In the case of the invalidity of the consent of a particular State to be bound by a multilateral treaty, the preceding rules apply in the relations between that State and the parties to the treaty. 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 releases the parties from any obligation further to perform the treaty. 2. The termination does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination; provided, however, that the same consequences follow as would follow from the invalidity of a treaty with respect to provisions the performance of which is called for in order to wind up the regime established by the treaty. 71. Consequences of the nullity of a treaty which conflicts 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 such 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. 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 which the treaty has established between the parties. 2. During the period of suspension the parties shall refrain from acts tending to obstruct the resumption of the operation of the treaty. PART VI Miscellaneous provisions. 73. Cases of State succession, responsibility of a State 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, from the international responsibility of a State or from the outbreak of hostilities between States. 74. Diplomatic or consular relations and 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 question of the existence of diplomatic or consular relations. 75. Case of a State considered as an aggressor. The provisions of the present Convention are without prejudice to any obligation which may arise, in relation to a treaty, for an aggressor State under any relevant decisions of the United Nations organs. PART VII Depositaries, notifications, corrections and registration.

76. Depositaries of treaties. 1. The designation of the depositary of a treaty may be made by the negotiating States in the treaty itself or by other means. The depositary may be one or more States, an international organization or the chief administrative officer of that organization. 2. The functions of a depositary are of an international 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 some of the parties or that a dispute exists between a State and the depositary regarding the performance of the latter's functions shall not affect that obligation. 77. Functions of depositaries. 1. Unless the treaty otherwise provides or the contracting States otherwise agree, the functions of the depositary comprise in particular:

• a)

  to keep custody of the original text of the treaty and of the full powers delivered to it;

• b)

  to prepare certified copies of the original text and prepare any texts of the treaty in other languages that may be required as a result of the treaty and transmit them to the parties and to States entitled to become parties to the treaty;

• c)

  to receive any signatures to the treaty and to receive and keep in custody any instruments, notifications and communications relating to it;

• d)

  to examine whether the signature or any instrument, notification or communication relating to the treaty is in due and proper form and, if need be, to bring the matter to the attention of the State in question;

• e)

  to inform the parties and the States entitled to become parties to the treaty of acts, notifications and communications relating to the treaty;

• f)

  to inform the States entitled to become parties to the treaty of the date on which the number of signatures or of instruments of ratification, acceptance, approval or accession, as the case may be, necessary for the entry into force of the treaty has been received or deposited;

• g)

  to register the treaty with the Secretariat of the United Nations;

• h)

  to perform the functions specified in the 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 matter to the attention of the signatory States and the contracting States or, where appropriate, of the competent organ of the international organization concerned. 78. Notifications and communications. Save where a treaty or the present Convention otherwise provides, any notification or communication to be made by a State under the present Convention shall:

  • a)

    if there is no depositary, be transmitted directly 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 it has been transmitted to a depositary, shall be considered as received by the State for which it was intended only when the latter has been informed by the depositary in accordance with paragraph 1(e) of article 77. 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, that error shall, unless they decide on some other correction procedure, be corrected by: a) having the appropriate correction made in the text and the correction authenticated by the signatures or initials of representatives duly authorized; or b) executing or exchanging an instrument or instruments setting out the correction which it has been agreed to make; or c) executing a corrected text of the whole treaty by the same procedure as in the case of the original text. 2. In the case of a treaty for which there is a depositary, the depositary 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, within the time-limit fixed, no objection has been raised, the depositary shall make and authenticate the correction in the text and shall prepare a corrected version of the treaty which it shall transmit to the signatories and to the contracting States. If an objection has been raised, the depositary shall bring the matter to the attention of the signatory States and the contracting States. 3. The provisions of paragraphs 1 and 2 apply also where the text of a treaty in two or more languages is not equally authentic and a difference of meaning is noted which the signatory States and the contracting States agree should be corrected. 4. The corrected text replaces ab initio the defective text 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 prepare a memorandum noting the error and communicating a copy of it to the signatory States and to the contracting States. 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 that depositary to perform the acts provided for in the preceding paragraph. PART VIII Final provisions. 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, as well as by any State party 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 the United Nations Headquarters in New York. 82. Ratification. The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. 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. 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 the Convention or acceding to it 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. 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 the twenty-third day of May, one thousand nine hundred sixty-nine. ANNEX 1. The Secretary-General of the United Nations shall establish and maintain a list of conciliators consisting of qualified jurists. 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; the persons thus nominated shall constitute the list. The nominations of conciliators, including the filling of vacancies, shall be made for periods of five years, renewable. After a person's term of office as a conciliator has expired, he shall continue to perform the functions for which he was nominated under the following paragraph, namely, that of a conciliator in cases in which his nomination is invoked. 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, chosen preferably from the list, and b) one conciliator not of the nationality of that State or of any of those States, also chosen preferably 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 appointed by the parties shall within sixty days following the date on which the Secretary-General receives the request appoint a fifth conciliator chosen from the list, of the nationality of neither party, who shall be chairman. If the appointment of the chairman or of any of the other conciliators has not been made within the time specified, the Secretary-General shall make the appointment within sixty days following the expiry of that time-limit. The Secretary-General may appoint as chairman a person chosen from the list or a member of the International Law Commission. Any of the time-limits referred to in this paragraph may be extended by mutual consent of the parties to the dispute. Any vacancy shall be filled in the manner prescribed for the initial appointment. 3. The Conciliation Commission shall establish its own rules of procedure. The Commission shall, with the consent of the parties to the dispute, hear the views of any party to the treaty. The decisions and recommendations of the Commission shall be made by a majority vote of the five members. 4. The Commission may call the attention of the parties 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 in it regarding the facts or questions of law, shall not be binding on the parties and shall have the character only of recommendations submitted to the parties for their consideration by the Conciliation Commission for the purpose of facilitating an amicable settlement of the dispute. 7. The Secretary-General shall provide the Commission with such assistance and such facilities as it may require. The expenses of the Commission shall be borne by the United Nations.