69年条约法公约英文版Word文件下载.docx

1、Having in mind the principles of international law embodied in the Charterof the United Nations, such as the principles of the equal rights andself-determination of peoples, of the sovereign equality and independenceof all States, of non-interference in the domestic affairs of States, ofthe prohibit

2、ion of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,Believing that the codification and progressive development of the law of treaties achieved in the present Convention will promote the purposes of the United Nations set f

3、orth in the Charter, namely, the maintenance of international peace and security, the development of friendly relations and the achievement of co-operation among nations,Affirming that the rules of customary international law will continue togovern questions not regulated by the provisions of the pr

4、esent Convention,Have agreed as follows: PART I INTRODUCTION Article 1 Scope of the present ConventionThe present Convention applies to treaties between States. Article 2 Use of terms1. For the purposes of the present Convention: （a） treaty means an international agreement concluded between States i

5、n written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation; （b） ratification, acceptanceapproval and accession mean in each case the international act so named whereby a State establishes on

6、the international plane its consent to be bound by a treaty; （c） full powers means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the S

7、tate to be bound by a treaty, or for accomplishing any other act with respect to a treaty; （d） reservation means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the l

8、egal effect of certain provisions of the treaty in their application to that State; （e） negotiating State means a State which took part in the drawing up and adoption of the text of the treaty; （f） contracting State means a State which has consented to be bound by the treaty, whether or not the trea

9、ty has entered into force; （g） party means a State which has consented to be bound by the treaty and for which the treaty is in force; （h） third State means a State not a party to the treaty; （i） international organization means an intergovernmental organization.2. The provisions of paragraph 1 rega

10、rding the use of terms in the presentConvention are without prejudice to the use of those terms or to themeanings which may be given to them in the internal law of any State. Article 3 International agreements not within the scope of the present ConventionThe fact that the present Convention does no

11、t apply to internationalagreements concluded between States and other subjects of international law or between such other subjects of international law, or to international agreements not in written form, shall not affect: （a） the legal force of such agreements; （b） the application to them of any of

12、 the rules set forth in the present Convention to which they would be subject under international law independently of the Convention; （c） the application of the Convention to the relations of States as between themselves under international agreements to which other subjects of international law ar

13、e also parties. Article 4 Non-retroactivity of the present ConventionWithout prejudice to the application of any rules set forth in the presentConvention to which treaties would be subject under international lawindependently of the Convention, the Convention applies only to treatieswhich are conclu

14、ded by States after the entry into force of the presentConvention with regard to such States. Article 5 Treaties constituting international organizations and treaties adopted within an international organizationThe present Convention applies to any treaty which is the constituentinstrument of an int

15、ernational organization and to any treaty adoptedwithin an international organization without prejudice to any relevantrules of the organization. PART II CONCLUSION AND ENTRY INTO FORCE OF TREATIES SECTION 1. CONCLUSION OF TREATIES Article 6 Capacity of States to conclude treaties Every State posses

16、ses capacity to conclude treaties. Article 7 Full powers1. A person is considered as representing a State for the purpose ofadopting or authenticating the text of a treaty or for the purpose ofexpressing the consent of the State to be bound by a treaty if: （a） he produces appropriate full powers; or

17、 （b） it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.2. In virtue of their functions and without having to produce full powers,the following

18、are considered as representing their State: （a） Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts relating to the conclusion of a treaty; （b） heads of diplomatic missions, for the purpose of adopting the text of a treaty between the accredi

19、ting State and the State to which they are accredited; （c） representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ. Article 8 Subsequent co

20、nfirmation of an act performed without authorizationAn act relating to the conclusion of a treaty performed by a person whocannot be considered under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State. Article 9 Adoption of

21、 the text1. The adoption of the text of a treaty takes place by the consent of allthe States participating in its drawing up except as provided in paragraph2.2. The adoption of the text of a treaty at an international conferencetakes place by the vote of two-thirds of the States present and voting,u

22、nless by the same majority they shall decide to apply a different rule. Article 10 Authentication of the textThe text of a treaty is established as authentic and definitive: （a） by such procedure as may be provided for in the text or agreed upon by the States participating in its drawing up; （b） fai

23、ling such procedure, by the signature, signature ad referendum or initialling by the representatives of those States of the text of the treaty or of the Final Act of a conference incorporating the text. Article 11 Means of expressing consent to be bound by a treatyThe consent of a State to be bound

24、by a treaty may be expressed bysignature, exchange of instruments constituting a treaty, ratification,acceptance, approval or accession, or by any other means if so agreed. Article 12 Consent to be bound by a treaty expressed by signature1. The consent of a State to be bound by a treaty is expressed

25、 by thesignature of its representative when: （a） the treaty provides that signature shall have that effect; （b） it is otherwise established that the negotiating States were agreed that signature should have that effect; （c） the intention of the State to give that effect to the signature appears from

26、 the full powers of its representative or was expressed during the negotiation.2. 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 repres

27、entative, 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 treatyThe consent of States to be bound by a treaty constituted by instrumentsexchanged between them is expressed by that

28、 exchange when: （a） the instruments provide that their exchange shall have that effect; （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 approval1. The consent of a State to be bound by a treaty is expressed byratification when: （a） the treaty provides for such consent to be expressed by means of ratification; that ratification should be required; （c） the representative of the State has