United Nations Conference on the Law of Treaties
First Session
Vienna, 26 March-24 May 1968
Summary records of the plenary meetings
and of the meetings of the Committee of the Whole |
CONTENTS
[Entries are hyperlinked]
|
| |
|
|
|
Page |
| Resolution 2166 (XXI) of the General Assembly convening
the Conference |
xi |
| List of delegations |
xiii |
| Officers of the Conference and its Committees |
xxiii |
| Secretariat of the Conference |
xxiii |
| Agenda |
xxv |
| Rules of procedure |
xxvi |
| Summary records of the plenary meetings |
| First plenary meeting |
|
| |
Tuesday, 26 March 1968, at 3 p.m. |
|
| |
Opening of the Conference |
1 |
| |
Address by the representative of the Federal
President of the Republic of Austria |
1 |
| |
Question of participation in the Conference |
2 |
| |
Election of the President |
5 |
| |
Adoption of the rules of procedure |
6 |
| |
Adoption of the agenda |
6 |
| Second plenary meeting |
|
| |
Wednesday, 27 March 1968, at 12 noon |
|
| |
Question of the representation of South Africa |
6 |
| |
Election of Vice-Presidents |
6 |
| |
Election of the Chairman of the Committee
of the Whole |
6 |
| |
Election of the Chairman of the Drafting
Committee |
6 |
| |
Appointment of the Credentials Committee |
7 |
| Third plenary meeting |
|
| |
Wednesday, 27 March 1968, at 5.45 p.m. |
|
| |
Appointment of the Credentials Committee (continued) |
7 |
| |
Appointment of other members of the Drafting Committee |
7 |
| |
Organization of work |
7 |
| Fourth plenary meeting |
|
| |
Wednesday, 8 May 1968, at 12 noon |
|
| |
Tributes to the memory of Mr. Antonio de Luna |
7 |
| Fifth plenary meeting |
|
| |
Friday, 24 May 1968, at 3.35 p.m. |
|
| |
Report of the Credentials Committee on the first session
of the Conference |
9 |
| |
Arrangements for the second session of the Conference |
10 |
| |
Closure of the first session of the Conference |
10 |
Summary records of meetings of the Committee of the Whole
|
| 1st meeting |
|
| |
Wednesday, 27 March 1968, at 3.30 p.m. |
|
| |
Election of the Vice-Chairman of the Committee of the
Whole |
11 |
| |
Election of the Rapporteur of the Committee of the Whole |
11 |
| 2nd meeting |
|
| |
Thursday, 28 March 1968, at 10.50 a.m. |
11 |
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 |
|
| |
|
Article 1 (The scope of the present articles) |
11 |
| 3rd meeting |
|
| |
Thursday, 28 March 1968, at 3.20 p.m. |
|
| |
Tribute to the memory of Colonel Yuri Gagarin, Soviet
astronaut |
14 |
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (resumed from
the previous meeting) |
|
| |
|
Article 1 (The scope of the present articles) |
14 |
| 4th meeting |
|
| |
Friday, 29 March 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 2 (Use of terms) (continued) |
21 |
| 5th meeting |
|
| |
Friday, 29 March 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 2 (Use of terms) (continued) |
24 |
| 6th meeting |
|
| |
Monday, 1 April 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
|
| |
|
Article 2 (Use of terms) (continued) |
31 |
| |
|
|
Article 3 (International agreements not within the scope
of the present articles) |
35 |
| 7th meeting |
|
| |
Monday, 1 April 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
|
| |
|
Article 3 (International agreements not within the scope
of the present articles)(continued) |
36 |
| 8th meeting |
|
| |
Tuesday, 2 April 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
|
| |
|
Article 4 (Treaties which are constituent instruments of
international organizations or which are adopted within
international organizations) |
42 |
| 9th meeting |
|
| |
Tuesday, 2 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
|
| |
|
Article 4 (Treaties which are constituent intruments of
international organizations or which are adopted within
international organizations)(continued) |
46 |
| 10th meeting |
|
| |
Wednesday, 3 April 1969, at 11.5 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
|
| |
|
Article 4 (Treaties which are constituent instruments of
international organizations or which are adopted within
international organizations) (continued) |
53 |
| 11th meeting |
|
| |
Wednesday, 3 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
|
| |
Texts proposed by the Drafting Committee1 |
|
| |
|
Article 1 (The scope of the present Convention) |
58 |
| |
|
Draft resolution approved by the Drafting Committee |
59 |
| |
Title of Part II, Section 1 |
59 |
| |
Article 5 (Capacity of States to conclude treaties) |
59 |
| 12th meeting |
|
| |
Thursday, 4 April 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
|
| |
|
Article 5 (Capacity of States to conclude treaties)(continued) |
65 |
| 13th meeting |
|
| |
Thursday, 4 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
69 |
| |
|
Proposed new article 5 bis (The right of participation
in treaties) |
69 |
| |
|
Article 6 (Full powers to represent the State in the
conclusion of treaties)) |
69 |
| 14th meeting |
|
| |
Friday, 5 April 1968, at 10.50 a.m. |
|
| |
Tribute to the memory of the Reverend Martin Luther King |
76 |
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(resumed from
the previous meeting) |
|
| |
|
Article 7 (Subsequent confirmation of an act performed
without authority) |
76 |
| 15th meeting |
|
| |
Friday, 5 April 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966(continued) |
80 |
| |
|
Article 8 (Adoption of the text) |
80 |
| |
|
Article 9 (Authentication of the text) |
83 |
| |
|
Proposed new article 9 bis (Consent to be bound by a
treaty) |
83 |
| 16th meeting |
|
| |
Monday, 8 April 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 10 (Consent to be bound by a treaty expressed
by signature),
Article 11 (Consent to be bound by a treaty expressed
by ratification, acceptance or approval), and
Proposed new article 11 bis |
85 |
| |
|
Question of a residuary rule in favour of signature or
of ratification |
85 |
| 17th meeting |
|
| |
Monday, 8 April 1968, at 3.10 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Question of a residuary rule in favour of signature or
of ratification (continued) |
88 |
| |
|
Article 10 (Consent to be bound by a treaty expressed by
signature) |
91 |
| |
|
Proposed new article 10 bis (Consent to be bound by
a treaty expressed by an exchange of instruments
constituting a treaty) |
93 |
| 18th meeting |
|
| |
Tuesday, 9 April 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Proposed new article 10 bis (Consent to be bound by
a treaty expressed by an exchange of instruments
constituting a treaty) (continued) |
93 |
| |
|
Question of a residuary rule in favour of signature or
of ratification (resumed from the previous meeting) |
94 |
| |
|
Article 11 (Consent to be bound by a treaty expressed
by ratification, acceptance or approval) (resumed
from the 16th meeting) |
95 |
| |
|
Article 12 (Consent to be bound by a treaty expressed
by accession) |
95 |
| |
|
Proposed new article 9 bis (Consent to be bound by
a treaty) (resumed from the 15th meeting) |
96 |
| |
|
Proposed new article 12 bis (Other methods of expressing
consent to be bound by a treaty) |
96 |
| |
|
Article 13 (Exchange or deposit of instruments of ratification,
acceptance, approval or accession) |
96 |
| |
|
Article 14 (Consent relating to a part of a treaty and
choice of differing provisions) |
97 |
| 19th meeting |
|
| |
Tuesday, 9 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 15 (Obligation of a State not to frustrate the
object of a treaty prior to its entry into force) |
97 |
| 20th meeting |
|
| |
Wednesday, 10 April 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 15 (Obligation of a State not to frustrate the object
of a treaty prior to its entry into force) (continued) |
102 |
| |
|
Title of Part II, Section 2 |
106 |
| 21st meeting |
|
| |
Wednesday, 10 April 1968, at 3.25 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 16 (Formulation of reservations) and article 17
(Acceptance of and objection to reservations) |
106 |
| 22nd meeting |
|
| |
Thursday, 11 April 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 16 (Formulation of reservations) and article 17
(Acceptance of and objection to reservations)
(continued) |
114 |
| 23rd meeting |
|
| |
Thursday, 11 April 1968, at 3 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 16 (Formulation of reservations) and article 17
(Acceptance of and objection to reservations)
(continued) |
121 |
| |
|
Article 18 (Procedure regarding reservations) |
124 |
| |
|
Organization of the work of the Conference |
124 |
| 24th meeting |
|
| |
Tuesday, 16 April 1968, at 10.55 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 16 (Formulation of reservations) and article 17
(Acceptance of and objection to reservations) (resumed
from the 23rd meeting) |
125 |
| 25th meeting |
|
| |
Tuesday, 16 April 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 16 (Formulation of reservations) and article 17
(Acceptance of and objection to reservations)
(continued) |
133 |
| |
|
Article 19 (Legal effects of reservations) |
136 |
| |
|
Article 20 (Withdrawal of reservations) |
138 |
| 26th meeting |
|
| |
Wednesday, 17 April 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 21 (Entry into force) |
138 |
| |
|
Article 22 (Entry into force provisionally) |
140 |
| 27th meeting |
|
| |
Wednesday, 17 April 1968, at 5.30 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 22 (Entry into force provisionally) (continued) |
143 |
| 28th meeting |
|
| |
Thursday, 18 April 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Titles of parts, sections and articles |
146 |
| |
|
|
Article 3 (International agreements not within the
scope of the present articles) |
146 |
| |
|
|
Article 4 (Treaties which are constituent instruments
of international organizations or are adopted within
international organizations) |
147 |
| |
|
|
Article 5 (Capacity of States to conclude treaties) |
148 |
| |
|
|
Article 23 (Pacta sunt servanda) |
150 |
| 29th meeting |
|
| |
Thursday, 18 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 23 (Pacta sunt servanda) (continued) |
151 |
| 30th meeting |
|
| |
Friday, 19 April 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 24 (Non-retroactivity of treaties) |
158 |
| |
|
Article 25 (Application of treaties to territory) |
162 |
| 31st meeting |
|
| |
Friday, 19 April 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 25 (Application of treaties to territory) (continued) |
164 |
| |
|
Article 26 (Application of successive treaties relating to
the same subject-matter) |
164 |
| |
|
Article 27 (General rule of interpretation) and article 28
(Supplementary means of interpretation) |
166 |
| 32nd meeting |
|
| |
Saturday, 20 April 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 27 (General rule of interpretation) and article 28
(Supplementary means of interpretation) (continued) |
171 |
| 33rd meeting |
|
| |
Monday, 22 April 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 27 (General rule of interpretation) and article 28
(Supplementary means of interpretation) (continued) |
177 |
| 34th meeting |
|
| |
Tuesday, 23 April 1968, at 10.55 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 8 (Adoption of the text) |
185 |
| |
|
|
Article 6 (Full powers to represent the State in the
conclusion of treaties) |
185 |
| |
|
|
Article 7 (Subsequent confirmation of an act performed
without authority) |
188 |
| |
|
Article 29 (Interpretation of treaties in two or more
languages) |
188 |
| 35th meeting |
|
| |
Tuesday, 23 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 30 (General rule regarding third States) |
191 |
| |
|
Article 31 (Treaties providing for obligations for third
States) and article 32 (Treaties providing for rights
for third States) |
193 |
| |
|
Article 33 (Revocation or modification of obligations or
rights of third States) |
197 |
| |
|
Article 34 (Rules in a treaty becoming binding through
international custom) |
197 |
| 36th meeting |
|
| |
Wednesday, 24 April 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 34 (Rules in a treaty becoming binding through
international custom) (continued) |
198 |
| |
|
Article 35 (General rule regarding the amendment of
treaties) and article 36 (Amendment of multilateral
treaties) |
201 |
| 37th meeting |
|
| |
Wednesday, 24 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 35 (General rule regarding the amendment of
treaties) and article 36 (Amendment of multilateral
treaties) (continued) |
203 |
| |
|
Article 37 (Agreements to modify multilateral treaties
between certain of the parties only) |
205 |
| |
|
Article 38 (Modification of treaties by subsequent practice) |
207 |
| 38th meeting |
|
| |
Thursday, 25 April 1968, at 11.5 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 38 (Modification of treaties by subsequent practice)
(continued) |
210 |
| 39th meeting |
|
| |
Friday, 26 April 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 39 (Validity and continuance in force of treaties) |
215 |
| 40th meeting |
|
| |
Friday, 26 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 39 (Validity and continuance in force of treaties)
(continued) |
221 |
| |
|
Article 40 (Obligations under other rules of international
law) |
227 |
| 41st meeting |
|
| |
Saturday, 27 April 1968, at 11.5 a.m. |
|
| |
Consideration of the question of the law of treaties in accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 41 (Separability of treaty provisions) |
228 |
| 42nd meeting |
|
| |
Monday, 29 April 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 41 (Separability of treaty provisions) (continued) |
233 |
| |
|
Article 42 (Loss of a right to invoke a ground for invalidating,
terminating, withdrawing from or suspending the
operation of a treaty) |
237 |
| 43rd meeting |
|
| |
Monday, 29 April 1968, at 3.10 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 42 (Loss of a right to invoke a ground for invalidating,
terminating, withdrawing from or suspending
the operation of a treaty) (continued) |
238 |
| |
|
Article 43 (Provisions of internal law regarding competence
to conclude a treaty) |
238 |
| 44th meeting |
|
| |
Tuesday, 30 April 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 44 (Specific restrictions on authority to express
the consent of the State) |
246 |
| |
|
Article 45 (Error) |
249 |
| 45th meeting |
|
| |
Tuesday, 30 April 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 45 (Error) (continued) |
252 |
| |
|
Article 46 (Fraud) and article 47 (Corruption of a representative
of the State) |
255 |
| 46th meeting |
|
| |
Tuesday, 30 April 1968, at 8.55 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 46 (Fraud) and article 47 (Corruption of a representative
of the State) (continued) |
259 |
| 47th meeting |
|
| |
Thursday, 2 May 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 46 (Fraud) and article 47 (Corruption of a representative
of the State) (continued) |
263 |
| |
|
Article 48 (Coercion of a representative of the State) |
266 |
| 48th meeting |
|
| |
Thursday, 2 May 1968, at 3.10 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 48 (Coercion of a representative of the State)
(continued) |
268 |
| |
|
Article 49 (Coercion of a State by the threat or use of
force) |
269 |
| 49th meeting |
|
| |
Thursday, 2 May 1968, at 8.40 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 49 (Coercion of a State by the threat or use of
force) (continued) |
274 |
| 50th meeting |
|
| |
Friday, 3 May 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 49 (Coercion of a State by the threat or use of
force) (continued) |
280 |
| 51st meeting |
|
| |
Friday, 3 May 1968, at 3.45 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 49 (Coercion of a State by the threat or use of
force) (continued) |
287 |
| 52nd meeting |
|
| |
Saturday, 4 May 1968, at 10.30 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 50 (Treaties conflicting with a peremptory norm
of general international law (jus cogens) |
293 |
| 53rd meeting |
|
| |
Monday, 6 May 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 50 (Treaties conflicting with a peremptory norm
of general international law (jus cogens) (continued) |
299 |
| 54th meeting |
|
| |
Monday, 6 May 1968, at 3.25 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 50 (Treaties conflicting with a peremptory norm
of general international law (jus cogens) (continued) |
306 |
| 55th meeting |
|
| |
Tuesday, 7 May 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 50 (Treaties conflicting with a peremptory norm
of general international law (jus cogens) (continued) |
315 |
| 56th meeting |
|
| |
Tuesday, 7 May 1968, at 3.25 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 50 (Treaties conflicting with a peremptory norm
of general international law (jus cogens) (continued) |
321 |
| 57th meeting |
|
| |
Tuesday, 7 May 1968, at 8.40 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 49 (Coercion of a State by the threat or use of
force (resumed from the 51st meeting) |
328 |
| |
|
|
Draft declaration on the prohibition of the threat or
use of economic or political coercion in concluding
a treaty |
328 |
| |
|
Article 50 (Treaties conflicting with a peremptory norm
of general international law (jus cogens) (resumed
from the previous meeting) |
330 |
| 58th meeting |
|
| |
Wednesday, 8 May 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 51 (Termination of or withdrawal from a treaty
by consent of the parties) |
334 |
| |
|
Article 52 (Reduction of the parties to a multilateral
treaty below the number necessary for its entry into
force) |
336 |
| |
|
Article 53 (Denunciation of a treaty containing no provision
regarding termination) |
336 |
| 59th meeting |
|
| |
Wednesday, 8 May 1968, at 3.10 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXT) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 53 (Denunciation of a treaty containing no provision
regarding termination) (continued) |
339 |
| |
|
Article 54 (Suspension of the operation of a treaty by
consent of the parties) |
|
| |
|
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 9 (Authentication of the text) |
344 |
| |
|
|
(New article) Article 9 bis |
344 |
| |
|
|
Article 10 (Consent to be bound by a treaty expressed
by signature) |
344 |
| |
|
|
(New article) Article 10 bis (Consent to be bound
by a treaty expressed by an exchange of instruments
constituting a treaty) |
345 |
| 60th meeting |
|
| |
Thursday, 9 May 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 55 (Temporary suspension of the operation of
a multilateral treaty by consent between certain of the
parties only) |
347 |
| |
|
Article 56 (Termination or suspension of the operation
of a treaty implied from entering into a subsequent
treaty) |
350 |
| |
|
Article 57 (Termination or suspension of the operation of
a treaty as a consequence of its breach) |
352 |
| 61st meeting |
|
| |
Thursday, 9 May 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 57 (Termination or suspension of the operation
of a treaty as a consequence of its breach) (continued) |
353 |
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 11 (Consent to be bound by a treaty expressed
by ratification, acceptance or approval) |
360 |
| |
|
|
Article 12 (Consent to be bound by a treaty expressed
by accession) |
360 |
| |
|
|
Article 13 (Exchange or deposit of instruments of
ratification, acceptance, approval or accession) |
360 |
| |
|
|
Article 14 (Consent relating to a part of a treaty and
choice of differing provisions) |
360 |
| |
|
|
Article 15 (Obligation of a State not to frustrate the
object of a treaty prior to its entry into force) |
361 |
| 62nd meeting |
|
| |
Thursday, 9 May 1968, at 8.40 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 58 (Supervening impossibility of performance) |
361 |
| 63rd meeting |
|
| |
Friday, 10 May 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 59 (Fundamental change of circumstances) |
365 |
| 64th meeting |
|
| |
Friday, 10 May 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 59 (Fundamental change of circumstances)
(continued) |
370 |
| 65th meeting |
|
| |
Saturday, 11 May 1968, at 9.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 59 (Fundamental change of circumstances)
(continued) |
378 |
| |
|
Article 60 (Severance of diplomatic relations) |
382 |
| 66th meeting |
|
| |
Monday, 13 May 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 61 (Emergence of a new peremptory norm of
general international law) |
386 |
| |
|
Article 41 (Separability of treaty provisions) (resumed
from the 42nd meeting) |
389 |
| |
|
Article 42 (Loss of a right to invoke a ground for invalidating,
terminating, withdrawing from or suspending the
operation of a treaty) (resumed from the 43rd meeting) |
389 |
| 67th meeting |
|
| |
Monday, 13 May 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 42 (Loss of a right to invoke a ground for invalidating,
terminating, withdrawing from or suspending the
operation of a treaty) (continued) |
392 |
| 68th meeting |
|
| |
Tuesday, 14 May 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 62 (Procedure to be followed in cases of invalidity,
termination, withdrawal from or suspension of the
operation of a treaty) and proposed new article 62 bis |
402 |
| 69th meeting |
|
| |
Tuesday, 14 May 1968, at 3.25 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXT) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 62 (Procedure to be followed in cases of invalidity,
termination, withdrawal from or suspension of the
operation of a treaty) (continued) and proposed new
article 62 bis (continued) |
407 |
| 70th meeting |
|
| |
Tuesday, 14 May 1968, at 8.45 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 62 (Procedure to be followed in cases of invalidity,
termination, withdrawal from or suspension of the
operation of a treaty) (continued) and proposed new
article 62 bis (continued) |
414 |
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 16 (Formulation of reservations) |
415 |
| |
|
|
Article 18 (Procedure regarding reservations) |
416 |
| |
|
|
Article 19 (Legal effects of reservations) |
416 |
| |
|
|
Article 20 (Withdrawal of reservations) |
417 |
| 71st meeting |
|
| |
Wednesday, 15 May 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 62 (Procedure to be followed in cases of invalidity,
termination, withdrawal from or suspension of the
operation of a treaty) (continued) and proposed new
article 62 bis (continued) |
418 |
| 72nd meeting |
|
| |
Wednesday, 15 May 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 17 (Acceptance of and objection to reservations) |
425 |
| |
|
|
Article 21 (Entry into force) |
426 |
| |
|
|
Article 22 (Entry into force provisionally |
426 |
| |
|
|
Articles 23 (Pacta sunt servanda) and 23 bis (new
article) |
427 |
| |
|
|
Article 24 (Non-retroactivity of treaties) |
428 |
| |
|
|
Article 25 (Application of treaties to territory) |
428 |
| |
|
Article 62 (Procedure to be followed in cases of invalidity,
termination, withdrawal from or suspension of the
operation of a treaty) (resumed from the 71st meeting) and proposed new article 62 bis (resumed from the
71st meeting) |
429 |
| 73rd meeting |
|
| |
Thursday, 16 May 1968, at 10.30 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 62 (Procedure to be followed in cases of invalidity,
termination, withdrawal from or suspension of the
operation of a treaty) (continued) and proposed new
article 62 bis (continued) |
433 |
| 74th meeting |
|
| |
Thursday, 16 May 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 62 (Procedure to be followed in cases of invalidity,
termination, withdrawal from or suspension of the
operation of a treaty) (continued) and proposed new
article 62 bis (continued) |
439 |
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 27 (General rule of interpretation) |
441 |
| |
|
|
Article 28 (Supplementary means of interpretation) |
442 |
| |
|
|
Article 29 (Interpretation of treaties in two or more
languages) |
442 |
| |
|
|
Article 30 (General rule regarding third States) |
443 |
| |
|
|
Article 31 (Treaties providing for obligations for third
States) |
443 |
| |
|
|
Article 32 (Treaties providing for rights for third States) |
443 |
| |
|
|
Article 33 (Revocation or modification of obligations
or rights of third States) |
443 |
| |
|
|
Article 34 (Rules in a treaty becoming binding through
international custom) |
444 |
| |
|
Article 63 (Instruments for declaring invalid, terminating,
withdrawing from or suspending the operation of a
treaty) |
444 |
| |
|
Article 64 (Revocation of notifications and instruments
provided for in articles 62 and 63) |
445 |
| |
|
Article 65 (Consequences of the invalidity of a treaty) |
445 |
| 75th meeting |
|
| |
Friday, 17 May 1968, at 10.50 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 66 (Consequences of the termination of a treaty) |
447 |
| |
|
Article 67 (Consequences of the nullity or termination of treaty conflicting with a peremptory norm of general
international law) |
448 |
| |
|
Article 68 (Consequences of the suspension of the operation
of a treaty) |
450 |
| 76th meeting |
|
| |
Friday, 17 May 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 39 (Validity and continuance in force of treaties)
(resumed from the 40th meeting) |
451 |
| |
|
Article 69 (Cases of State succession and State responsibility) |
451 |
| |
|
Article 70 (Case of an aggressor State) |
453 |
| 77th meeting |
|
| |
Monday, 20 May 1968, at 10.45 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 71 (Depositaries of treaties) and article 72 (Functions
of depositaries) |
457 |
| 78th meeting |
|
| |
Monday, 20 May 1968, at 3.15 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 35 (General rule regarding the amendment of
treaties) |
463 |
| |
|
|
Article 40 (Obligations under other rules of international
law) |
463 |
| |
|
|
Article 43 (Provisions of internal law regarding competence
to conclude a treaty) |
463 |
| |
|
|
Article 44 (Specific restrictions on authority to express
the consent of the State) |
464 |
| |
|
|
Article 45 (Error), article 46 (Fraud), article 47 (Corruption
of a representative of the State) and article 48
(Coercion of a representative of the State) |
464 |
| |
|
|
Article 49 (Coercion of a State by the threat or use
of force) |
465 |
| |
|
Article 71 (Depositaries of treaties) and article 72 (Functions
of depositaries) (resumed from the previous meeting) |
465 |
| |
|
Article 73 (Notifications and communications) |
468 |
| |
|
Article 74 (Correction of errors in texts or in certified
copies of treaties) |
468 |
| 79th meeting |
|
| |
Tuesday, 21 May 1968, at 11 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Article 75 (Registration and publication of treaties) |
469 |
| 80th meeting |
|
| |
Tuesday, 21 May 1968, at 5.5 p.m |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Text proposed by the Drafting Committe |
|
| |
|
|
Article 50 (Treaties conflicting with a peremptory
norm of general international law) (jus cogens) |
471 |
| |
|
Article 62 (Procedure to be followed in cases of invalidity,
termination, withdrawal from or suspension of the
operation of a treaty) (resumed from the 74th meeting)
and proposed new article 62 bis (resumed from the
74th meeting) |
473 |
| |
|
Proposed new article 76 |
475 |
| |
|
Postponement of consideration of amendments containing
specific references to "general multilateral treaties"
and "restricted multilateral treaties" |
476 |
| 81st meeting |
|
| |
Wednesday, 22 May 1968, at 11.20 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 51 (Termination of or withdrawal from a
treaty by consent of the parties) |
476 |
| |
|
|
Article 52 (Reduction of the parties to a multilateral
treaty below the number necessary for its entry into
force) |
476 |
| |
|
|
Article 53 (Denunciation of a treaty containing no
provision regarding termination) |
477 |
| |
|
|
Article 54 (Suspension of the operation of a treaty by
consent of the parties) |
477 |
| |
|
|
Article 56 (Termination or suspension of the operation
of a treaty implied from entering into a subsequent
treaty) |
477 |
| |
|
|
Article 57 (Termination or suspension of the operation
of a treaty as a consequence of its breach) |
478 |
| |
|
|
Article 58 (Supervening impossibility of performance) |
478 |
| |
|
|
Article 59 (Fundamental change of circumstances) |
479 |
| |
|
|
Articles 60 (Severance of diplomatic relations) and
69 bis (new article) |
480 |
| |
|
Article 39 (Validity and continuance in force of treaties)
(resumed from the 76th meeting) |
481 |
| |
|
Article 63 (Instruments for declaring invalid, terminating,
withdrawing from or suspending the operation of
a treaty) (resumed from the 74th meeting) |
482 |
| 82nd meeting |
|
| |
Thursday, 23 May 1968, at 3.20 p.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 41 (Separability of treaty provisions) |
482 |
| |
|
Article 67 (Consequences of the nullity or termination of
a treaty conflicting with a peremptory norm of general
international law) (resumed from the 75th meeting) |
483 |
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 42 (Loss of a right to invoke a ground for
invalidating, terminating, withdrawing from or
suspending the operation of a treaty) |
483 |
| |
|
|
Article 68 (Consequences of the suspension of the
operation of a treaty) |
484 |
| |
|
|
Article 69 (Cases of State succession and State responsibility) |
484 |
| |
|
|
Article 70 (Case of an aggressor State) |
484 |
| |
|
|
Article 71 (Depositaries of treaties) |
485 |
| |
|
|
Article 72 (Functions of depositaries) |
486 |
| |
|
|
Article 73 (Notifications and communications) |
487 |
| |
|
|
Article 74 (Correction of errors in texts or in certified
copies of treaties) |
487 |
| |
|
|
Article 75 (Registration and publication of treaties) |
487 |
| 83rd meeting |
|
| |
Friday, 24 May 1968, at 10.55 a.m. |
|
| |
Consideration of the question of the law of treaties in
accordance with resolution 2166 (XXI) adopted by the
General Assembly on 5 December 1966 (continued) |
|
| |
|
Texts proposed by the Drafting Committee |
|
| |
|
|
Article 71 (Depositaries of treaties) |
488 |
| |
|
|
Article 39 (Validity and continuance in force of treaties) |
488 |
| |
|
|
Article 61 (Emergence of a new peremptory norm of
general international law) |
489 |
| |
|
|
Article 62 (Procedure to be followed in cases of
invalidity, termination, withdrawal from or suspension
of the operation of a treaty) |
489 |
| |
|
|
Article 63 (Instruments for declaring invalid, terminating,
withdrawing from or suspending the operation
of a treaty) |
489 |
| |
|
|
Article 64 (Revocation of notifications and instruments
provided for in articles 62 and 63) |
490 |
| |
|
|
Article 65 (Consequences of the invalidity of a treaty) |
490 |
| |
Arrangements for the second session of the Conference |
493 |
| |
Conclusion of the Committee's work |
493 |
________
|
|
| |
1 Although the Drafting Committee decided to defer consideration
of the titles of the articles, they have been retained in the
table of contents and in headings in the summary records in order
to facilitate reference. |
| |
|
|
|
|
|
|
| |
|
|
|
|