Vienna Convention: Key Articles Explained

Article 38 of the ICJ defines the four main sources of law: Treaties, Customary Law, International Customary Law, and General Principles of Law.

Article 2 of the Vienna Convention

(a): “treaty” means an international agreement. To establish a treaty, we must have two or more states and a written document.

(d): “reservation” means a unilateral statement that modifies the legal effects of certain provisions.

Article 3 of the Vienna Convention

Treaties established between states will not be bound to the Vienna Convention.

Article 4 of the Vienna Convention

Only treaties written after the Convention of Vienna are bound by it. PACTA SUNT SERVANDA: if something is signed, it must be respected.

Article 7 of the Vienna Convention

The members who sign the treaties must have full powers.

Article 10 of the Vienna Convention

The text of a treaty is established as authentic and definitive.

Article 11 of the Vienna Convention

Consent may be expressed by signature […] or by any other means if so agreed upon.

Article 18 of the Vienna Convention

Once the states accept to be bound by the treaty, they are no longer able to modify its purposes.

Article 19 of the Vienna Convention

A reservation can be made unless:

• The reservation is prohibited by the treaty.
• The treaty only allows specific reservations.
• It is incompatible with the aim of the treaty.

Article 20 of the Vienna Convention

(4.c): If a reservation is signed, the reservation will automatically enter into force.

(5): The reservation is considered as accepted after 12 months without any objections from any other state.

Article 21 of the Vienna Convention

(2): Reciprocity and relativity of reservations.

(3): If a state objects to the force of entry of the reservation, it will not be applied to that state.

Article 23 of the Vienna Convention

The requirements to make a reservation are that it must be communicated, it must be accepted before it is signed by other states, and it must be written.

Article 24 of the Vienna Convention

(1): A treaty will enter into force when agreed by the signing parties.

Articles 26 and 28 of the Vienna Convention

[Note: The original text indicates a lack of understanding of these articles.]

Article 31 of the Vienna Convention

A treaty must be interpreted in its context.

Article 34 of the Vienna Convention

A treaty cannot create obligations for a third party without its consent.

Article 35 of the Vienna Convention

For a third party to be bound by a provision, there must be written consent.

Articles 39 through 41 of the Vienna Convention

All signing parties have the right to make amendments and modifications to the treaty.

Article 48 of the Vienna Convention

A state can consider the treaty invalid if there was a mistake regarding a fact or information considered correct when signing the treaty, except if the country contributed to the creation of the mistake.

Article 49 of the Vienna Convention

A state can consider a treaty not valid if this treaty was signed by the fraudulent conduct of another state.

Article 50 of the Vienna Convention

If a state makes another sign a treaty for money, the treaty will be considered as invalid for corruption.

Article 51 of the Vienna Convention

If a state signs a treaty after being coerced by another, the treaty will have no legal effect.

Article 52 of the Vienna Convention

If the signing of a treaty has been made after the use of actions outside the principles of the declaration of the United Nations, it will not be valid.

Article 53 of the Vienna Convention

If the treaty doesn’t respect the Jus Cogens norms, it will not be valid.

Article 54 of the Vienna Convention

A state can terminate its provisions from a treaty if the signing states give their permission.

Article 55 of the Vienna Convention

Even if the number of signing states of a treaty reduces, the treaty is still effective.

Article 56 of the Vienna Convention

Denunciation of a treaty containing no provision.

Article 59 of the Vienna Convention

A treaty can stop being operated if there is a conclusion of a later treaty.

Article 57 of the Vienna Convention

A state can suspend itself from a treaty if the provisions allow it.

Article 58 of the Vienna Convention

Suspension of the effectiveness of a treaty by agreement of certain parties.

Article 60 of the Vienna Convention

If a treaty is breached, termination of suspension.

Article 61 of the Vienna Convention

Article 62 of the Vienna Convention

If there is a change of circumstances, states cannot withdraw from the treaty unless it restricts the capacity of these states to accomplish the treaty.