Codification Division Publications: Diplomatic Conferences Codification Division Publications: Diplomatic Conferences

United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations

(Vienna, 18 February — 21 March 1986)

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At the United Nations Conference on the Law of Treaties, held in Vienna in 1969, a resolution was adopted recommending that the General Assembly refer the question of treaties concluded between international organizations or between States and international organizations to the International Law Commission. This was done by the General Assembly in Resolution 2501 (XXIV) of 12 November 1969. At its twenty-third session in 1971, the Commission appointed Paul Reuter (France) Special Rapporteur for the topic. During the following the sessions, the Commission considered the issue on the basis of reports from the Special Rapporteur, information provided by States and international organizations, as well as documents prepared by the Secretariat.

At the twenty-sixth session, in 1974, a first reading was held of the draft articles prepared by the Special Rapporteur. The articles were provisionally adopted by the Commission at its thirty-second session, and were transmitted to Governments and the principal international organizations for comments and observations. On invitation by the General Assembly in Resolution 35/163, the Commission commenced a second reading of the draft articles at its thirty-third session in 1981, and the following year adopted the final text of the draft articles at its thirty-fourth session. The draft articles were submitted to the General Assembly with the recommendation that the Assembly convoke an international conference to conclude a convention on the subject.

It was decided by the General Assembly in Resolutions 37/112 of 16 December 1982 and 38/139 of 19 December 1983 respectively, that a convention should be concluded on the basis of the draft articles and that a conference of plenipotentiaries should be convened for this purpose not earlier than 1985. As subsequently decided in Resolution 39/86, a United Nations conference was held in Vienna from 18 February to 21 March 1986. On 20 March 1986 the Conference, in which ninety-seven States participated, adopted the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (status).The Convention was open for signature at the Federal Ministry of Foreign Affairs of the Republic of Austria from 21 March to 31 December 1986, and subsequently at the United Nations Headquarters until 30 June 1987. The Convention remains open for accession by any State.

The Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations regulates treaties which are not included in the scope of the Vienna Convention on the Law of Treaties, which only applies to agreements between States. In its preamble, the Convention recognizes the ever-increasing importance of treaties as a source of international law, and notes the capacity of international organizations to conclude treaties which is necessary for the exercise of their functions and fulfillment of their purposes. Furthermore, it considers treaties between States and international organizations or between organizations as a useful means of developing international relations and ensuring conditions for peaceful cooperation. The Convention regulates the conclusion and entry into force of treaties, observance, application and interpretation of treaties, amendment and modification of treaties, and finally invalidity, termination and suspension of treaties. In its miscellaneous provisions the Convention deals with its relationship to the Vienna Convention on the Law of Treaties, as well as questions arising from succession of States, the outbreak of hostilities between States, or the termination of an international organization.