For the purposes of paragraph 1: a the initialling of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed; b the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a full signature of the treaty.
Article 13 Consent to be bound by a treaty expressed by an exchange of instruments constituting a treaty. The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when: a the instruments provide that their exchange shall have that effect; or b it is otherwise established that those States were agreed that the exchange of instruments should have that effect.
Article 14 Consent to be bound by a treaty expressed by ratification, acceptance or approval. The consent of a State to be bound by a treaty is expressed by ratification when:. The consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification. Article 15 Consent to be bound by a treaty expressed by accession. The consent of a State to be bound by a treaty is expressed by accession when:.
Article Exchange or deposit of instruments of ratification, acceptance, approval or accession. Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon:. Article 17 Consent to be bound by part of a treaty and choice of differing provisions.
Without prejudice to articles 19 to 23, the consent of a State to be bound by part of a treaty is effective only if the treaty so permits or the other contracting States so agree. The consent of a State to be bound by a treaty which permits a choice between differing provisions is effective only if it is made clear to which of the provisions the consent relates.
Article 18 Obligation not to defeat the object and purpose of a treaty prior to its entry into force. A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when:. Article 19 Formulation of reservations. A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless:. Article 20 Acceptance of and objection to reservations. A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States unless the treaty so provides.
When it appears from the limited number of the negotiating States and the object and purpose of a treaty that the application of the treaty in its entirety between all the parties is an essential condition of the consent of each one to be bound by the treaty, a reservation requires acceptance by all the parties.
When a treaty is a constituent instrument of an international organization and unless it otherwise provides, a reservation requires the acceptance of the competent organ of that organization.
In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides, a reservation is considered to have been accepted by a State if it shall have raised no objection to the reservation by the end of a period of twelve months after it was notified of the reservation or by the date on which it expressed its consent to be bound by the treaty, whichever is later.
Article 21 Legal effects of reservations and of objections to reservations. A reservation established with regard to another party in accordance with articles 19, 20 and The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se. When a State objecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State, the provisions to which the reservation relates do not apply as between the two States to the extent of the reservation.
Article 22 Withdrawal of reservations and of objections to reservations. Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the consent of a State which has accepted the reservation is not required for its withdrawal.
Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time. Unless the treaty otherwise provides, or it is otherwise agreed:. Article 23 Procedure regarding reservations. A reservation, an express acceptance of a reservation and an objection to a reservation must be formulated in writing and communicated to the contracting States and other States entitled to become parties to the treaty.
If formulated when signing the treaty subject to ratification, acceptance or approval, a reservation must be formally confirmed by the reserving State when expressing its consent to be bound by the treaty. In such a case the reservation shall be considered as having been made on the date of its confirmation. An express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation.
The withdrawal of a reservation or of an objection to a reservation must be formulated in writing. A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree.
Failing any such provision or agreement, a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States. When the consent of a State to be bound by a treaty is established on a date after the treaty has come into force, the treaty enters into force for that State on that date, unless the treaty otherwise provides. The provisions of a treaty regulating the authentication of its text, the establishment of the consent of States to be bound by the treaty, the manner or date of its entry into force, reservations, the functions of the depositary and other matters arising necessarily before the entry into force of the treaty apply from the time of the adoption of its text.
Article 25 Provisional application. A treaty or a part of a treaty is applied provisionally pending its entry into force if:. Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty.
Article 26 Pacta sunt servanda. Every treaty in force is binding upon the parties to it and must be performed by them in good faith. A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.
This rule is without prejudice to article Article 28 Non-retroactivity of treaties. Unless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the treaty with respect to that party.
Article 29 Territorial scope of treaties. Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory. Article 30 Application of successive treaties relating to the same subject-matter. Subject to Article of the Charter of the United Nations, the rights and obligations of States parties to successive treaties relating to the same subject-matter shall be determined in accordance with the following paragraphs.
When a treaty specifies that it is subject to, or that it is not to be considered as incompatible with, an earlier or later treaty, the provisions of that other treaty prevail. When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with those of the latter treaty.
When the parties to the later treaty do not include all the parties to the earlier one:. Paragraph 4 is without prejudice to article 41, or to any question of the termination or suspension of the operation of a treaty under article 60 or to any question of responsibility which may arise for a State from the conclusion or application of a treaty, the provisions of which are incompatible with its obligations towards another State under another treaty.
Article 31 General rule of interpretation. 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.
The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:. There shall be taken into account, together with the context:.
A special meaning shall be given to a term if it is established that the parties so intended. Article 32 Supplementary means of interpretation. Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article Article 33 Interpretation of treaties authenticated in two or more languages.
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. A version of the treaty in a language other than one of those in which the text was authenticated shall be considered an authentic text only if the treaty so provides or the parties so agree.
During its first session, the Ad Hoc Committee decided that representatives from non-governmental organizations NGOs accredited to the Ad Hoc Committee could also participate in meetings and make statements in accordance with United Nations practice. Since then, the General Assembly has repeatedly urged that efforts be made to actively involve disability organizations in the work of the Ad Hoc Committee.
Throughout the process organizations of persons with disabilities and other NGOs have been very active in providing comments and information from a disability perspective. Since its establishment, the Ad Hoc Committee held eighth sessions. At its first two sessions, in and , the Committee considered the possibility of drafting an international instrument on the rights of persons with disabilities, and discussed the type of instrument and possible elements to be included.
At its second session, the Ad Hoc Committee established a working group to prepare a draft text of a convention. The Working Group, composed of government and NGO representatives, met in January and drafted a text for negotiation. At its third, fourth, fifth, sixth, seventh and eighth sessions the Ad Hoc Committee continued its negotiations. A drafting group tasked with ensuring uniformity of terminology throughout the text of the draft convention and harmonizing the versions in the official languages of the United Nations reviewed the text from September to November The first meeting was in August , and drafting of the text began in May In August , the Committee reached agreement on the text.
It was the first time that NGOs had actively participated in the formulation of a human rights instrument.
The methods to ensure accessibility during the negotiation process increased in sophistication over time. Methods progressed from diskettes and documents in Braille, to email and website facilitated communication.
A website was created to be accessible to conformance level A according to the standards set by the Web Content Accessibility Guidelines version 1. Among other features, this level of accessibility allowed users of assistive technology such as screen readers to access the website effectively, and allowed for the resizing of text for those who needed to view enlarged text.
Working documents of negotiation of Convention text were posted to the website as soon as they were discussed during a session of the Ad Hoc Committee, an innovative practice for United Nations convention negotiations. The website thus provided instant worldwide access to the rapidly changing progress of the discussions, giving the opportunity for groups around the world to feed into the process in a timely manner and on precise issues. In addition, the conference room at United Nations headquarters in New York where negotiations were held was made WiFi-accessible mid-way through the negotiation process.
The WiFi allowed persons in the room to electronically access and read the documents being discussed using assistive devices as necessary. A treaty can be called a Convention, a Protocol, a Pact, an Accord, etc. Under U. All other agreements treaties in the international sense are called Executive Agreements, but are nonetheless legally binding for the U. A treaty is negotiated by a group of countries, either through an organization set up for that specific purpose, or through an existing body such as the United Nations UN Council for Disarmament.
The negotiation process may take several years, depending on the topic of the treaty and the number of countries participating. After negotiations are finished, the treaty is signed by representatives of the governments involved.
The terms may require that the treaty be ratified as well as signed before it becomes legally binding. A government ratifies a treaty by depositing an instrument of ratification at a location specified in the treaty; the instrument of ratification is a document containing a formal confirmation that the government consents to the terms of the treaty. The ratification process varies according to the laws and Constitutions of each country.
In the U. Unless a treaty contains provisions for further agreements or actions, only the treaty text is legally binding.
Generally, an amendment to a treaty is only binding to the states that have ratified the amendment, and agreements reached at review conferences, summits, or meetings of the states parties are politically but not legally binding. An example of a treaty that does have provisions for further binding agreements is the UN Charter. By signing and ratifying the Charter, countries agreed to be legally bound by resolutions passed by UN bodies such as the General Assembly and the Security Council.
Constitution, where treaties are defined in domestic law as international agreements entered into with the advice and consent of two-thirds of the Senate. It is widely accepted that the United States may enter into some international agreements that are treaties in the international sense but not in the U. Some of those agreements are entered into by the Executive Branch on its own authority and some by the Executive with the concurrence of both Houses of Congress.
The Vienna Convention is in force for 81 nation-states, not including the United States. The reason it is not in force for the United States is that a stalemate exists between Congress and the Executive Branch over the allocation of authority between the two branches to enter into and terminate international agreements treaties in the international sense on behalf of the United States. The stalemate would not exist if such agreements were not regarded as binding on the United States internationally.
It is precisely because they are regarded as binding that so much is at stake between the two branches of government. The United States government has frequently demonstrated that it regards treaties including treaties for U. For example, when France breached the Air Service Agreement between itself and the United States, our government asserted a breach of an international obligation and applied counter-measures to induce France to rectify its breach.
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