The 1969 'Vienna Convention on the Law of Treaties' (or 'VCLT')
codified the pre-existing
customary international law on
treaties, with some necessary gap-filling and clarifications. The Convention entered into force on
January 27,
1980. 108
states have ratified the VCLT (
May,
2007); those that have not 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
May 22,
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.
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.
[Article 3 of the Convention.][1] Nor does it apply to agreements not in written form.
See also
★ Vienna Convention on Diplomatic Relations (1961)
★ Vienna Convention on Consular Relations (1963)
★ Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations (1986)
★ Vienna Conventions for a list of other conventions
References
★ Damrosch, Henkin, et al, ''International Law'', West Group 2001.
★ Vienna Convention on the Law of Treaties 1969 (PDF), Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331 ( backup in html)
Footnotes
1. 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.