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of May 23, 1969

About the right of international treaties

State Parties of this Convention,

considering the most important role of agreements in the history of the international relations,

recognizing escalating value of agreements as source of international law and as development tools of peace cooperation between the nations, irrespective of distinctions in their political and social order,

noting that the principles of free consent and conscientiousness and regulation of pacta sunt servanda were generally recognized,

confirming that the disputes concerning agreements as well as other international disputes, shall be permitted only by peaceful means and according to concepts of justice and international law,

reminding of determination of the people of the United Nations to create conditions under which justice and respect for the obligations following from agreements can be observed

in view of the principles of international law realized in Articles of organization of the United Nations such as principles of equality and self-determination of the people, sovereign equality and independence of all states, non-interference to internal affairs of the states, prohibition of threat by force or its use and universal respect and respect for human rights and fundamental freedoms for all,

believing that the codification and progressive development of the right of agreements performed in this Convention will promote achievement of the purposes of the United Nations specified in the Charter, namely maintenance of international peace and safety, development of friendship between the people and to implementation of their cooperation with each other,

confirming that regulations of customary international law will still regulate questions which did not find the solution in provisions of this Convention,

agreed as follows:

Part I Introduction

Article 1 Scope of This Convention

This Convention is applied to contracts between the states.

Article 2 Use of Terms

1. For the purposes of this Convention:

a) "agreement" means the international agreement signed between the states in writing and regulated by international law irrespective of whether such agreement contains in one document, in two or several documents connected among themselves, and also irrespective of its specific name;

b) "ratification", "acceptance", "approval" and "accession" mean, depending on case, the international act having such name by means of which the state expresses internationally the consent to be bound of the agreement for it;

c) "powers" mean the document which proceeds from competent authority of the state and by means of which one or several persons are designated to represent this state for the purpose of negotiating, adoption of the text of the agreement or establishment of its authenticity, expression of consent of this state to obligation for it of the agreement or for the purpose of making of any other act relating to the agreement;

d) "clause" means the unilateral statement in any formulation and under any name, made the state during the signing, ratification, acceptance or approval of the agreement or accession to it by means of which it wishes to exclude or change legal act of certain provisions of the agreement in their application to this state;

e) "the state participating in negotiations" means the state which took part in creation and adoption of the text of the agreement;

f) "contracting state" means the state which agreed to obligation for it of the agreement irrespective of whether became effective the agreement or not;

g) "participant" means the state which agreed to obligation for it of the agreement and for which the agreement is in force;

h) "the third state" means the state which is not the agreement party;

i) "the international organization" means intergovernmental organization.

2. Item provisions 1, the concerning uses of terms in this Convention, do not affect the use of these terms or values which can be given them in the internal law of any state.

Article 3 the International agreements which are not falling within scope of this Convention

The fact that this Convention is not applied to the international agreements signed between the states and other subjects of international law or between such other subjects of international law and to international agreements not in writing does not mention:

a) legal force of such agreements;

b) applications to them any regulations stated in this Convention under which action they would fall owing to international law, irrespective of this Convention;

c) applications of this Convention to the relations of the states among themselves within international agreements which participants are also other subjects of international law.

Article 4 This Convention has no retroactive force

Without prejudice to application of any regulations stated in this Convention under which action agreements owing to international law, irrespective of the Convention would fall it is applied only to the agreements signed by the states after its entry into force concerning these states.

Article 5 the Agreements establishing the international organizations, and the agreements accepted within the international organization

This Convention is applied to any agreement which is the constituent act of the international organization and to any agreement accepted within the international organization without prejudice to the corresponding rules of this organization.

Part II the Conclusion and the introduction of agreements in force

Section 1. Conclusion of agreements

The article 6 Legal Capacity of the States to sign agreements

Each state has legal capacity to sign agreements.

Article 7 of Power

1. Person is considered representing the state or for the purpose of adoption of the text of the agreement or establishment of its authenticity, or for the purpose of expression of consent of the state to obligation for it of the agreement if:

a) it will show appropriate authority; or

b) or from other circumstances appears from practice of the relevant states that they intended to consider such person as the representing state for these purposes and not to require presentation of powers.

2. The following persons owing to their functions and without the need for presentation of powers are considered representing the state:

a) heads of states, heads of governments and Ministers of Foreign Affairs - for the purpose of making of all acts relating to the conclusion of the agreement;

b) heads of diplomatic representations - for the purpose of adoption of the text of the contract between the accrediting state and the state under which they are accredited;


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