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Vienna Convention on the Law of Treaties
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The Vienna Convention on the Law of Treaties (or VCLT) is a treaty concerning the customary international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 108 states as of May 2007; those that have not ratified it yet may still recognize it as binding upon them in as much as it is a restatement of customary law.
VCLT was drafted by the International Law Commission (ILC) of the United Nations, which began work on the Convention in 1949 and finished in 1969 with a diplomatic conference held by the UN in Vienna, Austria.
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Encyclopedia
The Vienna Convention on the Law of Treaties (or VCLT) is a treaty concerning the customary international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 108 states as of May 2007; those that have not ratified it yet may still recognize it as binding upon them in as much as it is a restatement of customary law.
History
The VCLT was drafted by the International Law Commission (ILC) of the United Nations, which began work on the Convention in 1949 and finished in 1969 with a diplomatic conference held by the UN in Vienna, Austria. The Convention was adopted on 22 May 1969 and opened for signature the following day.
During the twenty years of preparation, several draft versions of the convention and commentaries were prepared by special rapporteurs of the ILC. James Brierly, Sir Hersch Lauterpacht, Sir Gerald Fitzmaurice and Sir Humphrey Waldock were the four special rapporteurs.
Content and effects
The Convention codifies several bedrocks of contemporary international law. It defines a treaty as "an international agreement concluded between states in written form and governed by international law," as well as affirming that "every state possesses the capacity to conclude treaties." Most nations, whether they are party to it or not, recognize it as the preeminent "Treaty of Treaties"; it is widely recognized as the authoritative guide vis-à-vis the formation and effects of treaties.
Scope
The scope of the Convention is limited. It applies only to treaties concluded between states, so it does not cover agreements between states and international organizations or between international organizations themselves, though if any of its rules are independently binding on such organizations, they remain so. Agreements between states and international organizations, or between international organizations themselves, will be governed by the 1986 Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations if it ever enters into force. Also, in treaties between states and international organizations, the terms of the Convention still apply between the state members. The Convention does not apply to agreements not in written form.
See also
Footnotes
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