Communication from the Ministry of Foreign Affairs No. 292 / 1999 Coll.
Communication from the Ministry of Foreign Affairs on the Vienna Convention on the Suits of States in relation to Contracts
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International Treaty
Effective from 25.08.1999
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06.12.1999
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292
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 23 August 1978 the Vienna Convention on the skirt of States in relation to contracts was adopted in Vienna.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 30 August 1979.
On 22 February 1993, the Czech Republic notified the Secretary-General of the United Nations, the depositary of the Convention, that it was considered as a successor State of the Czech and Slovak Federal Republic with effect from 1 January 1993 to be a signatory State of the Vienna Convention on the Suggestion of States in relation to the Treaties of 23 August 1978.
With the Convention, Parliament of the Czech Republic agreed, the President of the Republic ratified the Convention. The instrument of ratification was deposited with the depositary of the Convention on 26 July 1999.
The following declaration was made when the Convention was ratified:
"The Czech Republic declares, in accordance with Article 7 (2) and (3) of the Vienna Convention on the Suggestion of States in relation to Treaties, negotiated in Vienna on 23 August 1978, that it will apply the provisions of the Convention to its own skirt which took place before the entry into force of the Convention, to the signatory States, to the Contracting States or to the Contracting Parties which accept the declaration.
At the same time, the Czech Republic declares that it accepts the declarations made by the Slovak Republic when ratifying the Convention pursuant to Article 7 (2) and (3) of the Convention. '
The Convention entered into force on 6 November 1996 on the basis of Article 49 (1) thereof. It entered into force for the Czech Republic pursuant to paragraph 2 of that Article on 25 August 1999.
The Czech translation of the Convention is being announced simultaneously.
VIENNIA CONVENTION
on the skirt of States in relation to contracts
(23 August 1978)
States Parties to this Convention,
bearing in mind that the process of decolonization has caused profound changes in the international community,
also bearing in mind that in the future, other factors may lead to cases of States' skirts,
Convincing, under the circumstances, the necessity of codification and the progressive development of rules on the skirt of states in relation to contracts as a means of ensuring greater legal certainty in international relations,
stating that the principles of free consent, good faith and pacta sunt servanda are generally recognised,
Stressing that continued compliance with the general multilateral agreements on codification and progressive development of international law and treaties, the object and purpose of which constitute the interest of the international community as a whole, is of particular importance for strengthening peace and international cooperation,
bearing in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of equality of nations and the right of nations to self-determination, sovereign equality and independence of all states, non-interference in the internal affairs of states, prohibition of threats by force or use of force and universal and effective respect for human rights and fundamental freedoms for all,
Recalling that the United Nations Charter requires respect for the territorial integrity and political independence of each State,
bearing in mind the provisions of the 1969 Vienna Convention on the Law of Treaties,
also bearing in mind Article 73 of that Convention,
Confirming that the issues of contract law, except those arising in the context of the skirt of States, are governed by the relevant rules of international law, including those of ordinary law contained in the 1969 Vienna Convention on the Law of Treaties,
confirming that the rules of international ordinary law continue to govern matters not covered by the provisions of this Convention,
agree on the following:
GENERAL PROVISIONS
Scope of the Convention
This Convention shall apply to the effects of the skirt of States in relation to contracts between States.
Extracts, essences and concentrates
1. For the purposes of this Convention:
(a) "contract" is an international agreement concluded in writing between States in accordance with international law, drawn up in one or two or more related documents, whatever its name is;
(b) 'States' shall mean the replacement of one State under the responsibility of another for the international relations of the territory;
(c) "State-predecessor" shall mean a State which has been replaced by another State in the case of the skirt of States;
(d) "State successor" shall mean the State which has replaced another State in the skirt of the States;
(e) "date of the skirt of the States" shall mean the date from which the successor was replaced by the State predecessor responsible for the international relations of the territory to which the skirt of the States relates;
(f) "new independent state" is a State successor whose territory was immediately prior to the date of the national skirt to the dependent territory for whose international relations the State predecessor was responsible;
(g) "notification of a succession" means, in relation to a multilateral contract, a notification to the State of the successor, in any form formulated or named, expressing his consent to be considered as a tied contract;
(h) 'power of attorney' shall be a document issued by the competent authority of a State designating one or more persons, on behalf of the State, in respect of the notification of a skirt or other notification made under this Convention, to carry out, as appropriate, a different notification on behalf of the State;
(i) "ratification," "acceptance" and "approval" shall, as the case may be, be the international act so-called by which the State manifests its consent from an international perspective to be bound by the Treaty;
(j) "reservation" means a unilateral declaration, however worded or entitled, made by the State at the time of the signature, ratification, acceptance or approval of a contract or at the time of access to, or notification of, a skirt into a contract which intends to exclude or alter the legal effect of certain provisions of the contract in their implementation towards that State;
(k) "Contracting State" shall mean the State which has given consent to be bound by the Treaty, whether or not the Treaty enters into force;
(l) 'Party' shall be a State which has given its consent to be bound by a contract and against which the contract is in force;
(m) "other party" shall be, in relation to the State successor, the party to the contract in force on the date of the skirt of the States in the territory to which that skirt relates, except for the State predecessor;
(n) "international organisation" is an intergovernmental organisation.
2. The provisions of paragraph 1 relating to the terms used in these Articles shall be without prejudice to the application of those terms or the meaning which may be given to them in the national law of the States.
Cases not covered by this Convention
The fact that this Convention does not apply to the effects of the skirt of States in relation to international agreements concluded between States and other bodies of international law or in relation to international agreements not concluded in writing shall not affect:
(a) the application of any rules contained in this Convention to cases to which they are subject under international law, independently of that Convention;
(b) the application of this Convention between States to the effects of the successes in relation to international agreements, the parties to which are also other bodies of international law.
Contracts establishing international organisations and contracts adopted within an international organisation
This Convention shall apply to the effects of the skirt of States in relation to:
(a) any contract which is a founding document of an international organisation, subject to the rules on membership and subject to the relevant rules of the organisation;
(b) any contract adopted within an international organisation, subject to the relevant rules of the organisation.
Liabilities under international law independently of the contract
The fact that a contract is not considered valid in respect of a State as a result of the application of this Convention does not in any way affect the obligation of that State to comply with obligations contained in a contract which the State is obliged to comply with under international law, independently of the contract.
Cases of skirt with States covered by this Convention
This Convention shall apply only to the effects of the successes of States which have taken place in accordance with international law and in particular the principles of international law enshrined in the United Nations Charter.
Temporal application of the Convention
1. Without prejudice to the application of any rule contained in this Convention which might govern the effects of a skirt of States under international law, irrespective of this Convention, the Convention shall apply only to the skirt of States which occurred after its entry into force, unless otherwise agreed.
2. A State-successor may, if it has given its consent to be bound by this Convention or at any time thereafter, make a declaration that it will apply the provisions of this Convention to its own skirt of States which took place before the entry into force of the Convention against a Contracting State or a Party to the Convention which shall make a declaration by which it adopts a State-successor declaration. Following the entry into force of the Convention between the States which have made those declarations or the Declaration of Acceptance, if this is done later, the provisions of the Convention shall apply to the effects of the Suces of the States as from the date of that Suction.
3. The State-successor may, at the time of signature of this Convention or when it gives its consent to be bound by it, make a declaration that it will provisionally apply the provisions of the Convention in relation to its own skirt of States that took place before the entry into force of the Convention against another signatory State or Contracting State which makes a declaration by which it accepts the State-successor declaration; after the declaration has been made, these provisions will be applied provisionally to the effects of the skirt between the two States from the date of the skirt.
4. Statements made pursuant to paragraph 2 or paragraph 3 shall be included in the written notification to the depositary, which shall inform the parties and States which are eligible to become parties to this Convention of the notification received and of its wording.
Agreements on the transition of contractual obligations or rights from the State-predecessor to the State-successor
1. The commitments or rights of the State-predecessor resulting from contracts in force in respect of the territory at the date of the skirt of the States shall not become obligations or rights of the State-successor vis-à-vis the other States which are parties to those agreements, as a result of the mere fact that the State-predecessor and the State-successor have concluded an agreement that such obligations or rights are transferred to the State-successor.
2. In spite of the conclusion of such an agreement, the effects of the skirt of the States on the contracts which, at the date of the skirt of the States, have been paid in respect of the territory in question shall be governed by this Convention.
Unilateral State-successor declaration concerning State-predecessor contracts
1. Obligations or rights arising from contracts in force in respect of the territory at the date of the skirt of the States shall not become obligations or rights of the State successor or of other States which are parties to such contracts, as a result of a mere unilateral declaration by the State successor to maintain the contracts in force in respect of its territory.
2. In that case, the effects of the skirt of the States on contracts which at the date of the skirt of the States have been paid in respect of the territory concerned shall be governed by this Convention.
Contracts anticipating the State's successor's participation
1. If a contract foresees that, in the case of a State's skirt, a successor may be considered to be its party, it may notify its procession in the light of a contract under the provisions of the Treaty or, failing that, under the provisions of this Convention.
2. If the Treaty provides that, in the case of the sugarplicity of States, a successor shall be considered to be a party to the Treaty, such provision shall only be effective if the State expressly expresses its consent in writing.
3. In the cases referred to in paragraph 1 or 2, a successor who has agreed to be a party shall be considered a party from the date of the skirt of the States, unless the contract provides otherwise or unless otherwise agreed.
Border modes
The skirt of the States as such does not affect:
(a) the limits laid down in the Treaty; or
(b) the obligations and rights laid down in the Treaty and relating to the border arrangements.
Other territorial arrangements
1. The skirt of the States shall as such not affect:
(a) obligations relating to the use of any territory or restrictions on its use laid down by the Treaty for the benefit of the territory of a foreign State and deemed to be related to that territory;
(b) the rights established by the Treaty for the benefit of any territory relating to the use or restriction of the use of any territory of a foreign State and deemed to be related to that territory.
2. The skirt of States shall not, as such, affect:
(a) obligations relating to the use of any territory or restrictions on its use laid down by the Treaty for the benefit of a group of States or of all States and deemed to be related to that territory;
(b) the rights laid down by the Treaty for the benefit of a group of States or of all States and relating to the use or restriction of any territory and deemed to be related to that territory.
3. The provisions of this Article shall not apply to the contractual obligations of the State predecessor on the establishment of foreign military bases in the territory to which the skirt of the States relates.
This Convention and permanent sovereignty over natural wealth and resources
Nothing in this Convention touches on the principles of international law that affirm the continued sovereignty of each nation and state over its natural wealth and resources.
Issues concerning the validity of the contract
Nothing in this Convention shall be considered prejudicial to any question concerning the validity of the Treaty.
SUKCESS CONCERNING PARTS OF TERRITORIES
Succes concerning part of the territory
Where a part of the territory of a State or of a territory for whose international relations the State is responsible and which is not part of that State's territory, it shall become part of the territory of another State:
(a) contracts of the State-predecessor cease to apply in respect of the territory to which the skirt of the States refers, from the date of the skirt of the States;
(b) contracts of the State-successor shall become valid in respect of the territory to which the skirt of the States refers, from the date of the skirt of the States, unless the contract results or otherwise provides that the implementation of the contract in that territory is incompatible with its object and the objective or would substantially alter the circumstances of the implementation of the contract.
NEW UNDEPENDENT STATES
GENERAL RULES
Attitude to contracts of the State-predecessor
A newly independent State shall not be obliged to maintain any contract in force or to become a party to it on the sole ground that, at the date of the skirt of the States, the contract was valid in respect of the territory to which the skirt of the States relates.
MEMBERS
Participation in contracts in force at the date of the State's skirt
1. Subject to paragraphs 2 and 3, the newly independent State may become a party to any multilateral contract which, at the date of the skirt of the States, was in force with regard to the territory to which the skirt of the States relates.
2. Paragraph 1 shall not apply where the contract implies or otherwise provides that the implementation of the contract against a newly independent State would be incompatible with its object and the objective or would substantially alter the circumstances of its implementation.
3. If the wording of the contract or for reasons of a limited number of participating States, as well as the subject matter and objective of the contract, implies that the participation of another State in the contract requires the consent of all parties, the newly independent State may become a party to the contract only with that consent.
Participation in contracts which have not entered into force at the date of the sub-chapter of the States
1. Subject to paragraphs 3 and 4, a newly independent State may become a Contracting State of a multilateral agreement which has not yet entered into force if, at the date of the State's skirt, the State predecessor was a Contracting State in relation to the territory to which the State's skirt relates.
2. Subject to paragraphs 3 and 4, the newly independent State may become a party to a multilateral contract which shall enter into force after the date of the skirt of the States if, at the date of the skirt of the States, the State predecessor was a contracting State in relation to the territory to which the skirt of the States relates.
3. Paragraphs 1 and 2 shall not apply where the contract implies or otherwise provides that the implementation of a contract against a newly independent State would be incompatible with its object and the objective or would substantially alter the circumstances of the contract.
4. If, by virtue of the wording of the contract or because of a limited number of participating States as well as the subject matter and objective of the contract, the participation of another State in the contract requires the consent of all parties or of all Contracting States, the newly independent State may become a Party or a Contracting State to the contract only with that consent.
5. Where a contract provides that a number of Contracting States shall be required to enter into force, a newly independent State which becomes its Contracting State pursuant to paragraph 1 shall be deemed to be a Contracting State for the purposes of that provision, unless the contract results in a different intention or is provided otherwise.
Participation in contracts signed by the State-predecessor subject to ratification, acceptance or approval
1. Subject to paragraphs 3 and 4, if, before the date of the skirt of the States, the predecessor has signed a multilateral agreement, subject to ratification, acceptance or approval, and has expressed his intention to extend the contract to the territory covered by the skirt of the States, the newly independent State may ratify, accept or approve the contract as if it had signed it and thus become a party or a Contracting State to that Treaty.
2. For the purposes of paragraph 1, where the contract does not result in any other intention or otherwise provided for, the signature of the contract by the State-predecessor shall be deemed to be an expression of intent that the contract covers the whole territory for which the State-predecessor was responsible for the international relations.
3. Paragraph 1 shall not apply where the contract implies or otherwise provides that the implementation of the contract by a newly independent State would be incompatible with its object and the objective or would substantially alter the circumstances of the contract.
4. Where the provisions of a contract or because of a limited number of participating States, as well as the subject matter and objective of the contract, imply that the participation of another State in the contract requires the consent of all parties or of all Contracting States, the newly independent State may become a party or a Contracting State only with such consent.
Reservations
1. Where a newly independent State becomes a party to the notification of a skirt pursuant to Article 17 or Article 18 or a contracting State of a multilateral contract, it shall be deemed to maintain all reservations regarding the contract which was in force at the date of the skirt of the States, in respect of the territory to which the skirt of the States refers, unless it makes the opposite intention or makes a reservation relating to the same subject as the abovementioned reservation when the skirt is notified.
2. A newly independent State in the notification of a succession to which it becomes a party or a contracting State of multilateral agreements pursuant to Article 17 or Article 18 may make a reservation if such reservation would not be excluded by the provisions of Article 19 (a), (b) or (c) of the Vienna Convention on the Law of Treaties.
3. Where a newly independent State makes a reservation in accordance with paragraph 2, the provisions referred to in Articles 20 to 23 of the Vienna Convention on the Law of Treaties shall apply to that reservation.
Consent of the State to be bound by part of the contract and choice between different provisions
1. A newly independent State in the notification of a skirt pursuant to Articles 17 and 18, to which it becomes a party or a contracting State of multilateral agreements, may, if the contract so permits, express its consent to be bound by a part of the contract or to make a choice between different provisions under the conditions laid down in the contract to express such consent or to make such choice.
2. A newly independent State may also exercise, under the same conditions as the other Parties or Contracting States, any right to revoke or amend the consent expressed or choice made by it or by the State predecessor in respect of the territory to which the skirt of States relates.
3. If a newly independent State does not express its consent or make a choice in accordance with paragraph 1 or abolishes or changes the choice of the State predecessor in accordance with paragraph 2, it shall be deemed to maintain:
(a) in accordance with the Treaty, the State-predecessor has given his consent to be bound by a part of that Treaty in respect of the territory to which the skirt of the States refers;
(b) in accordance with the Treaty, the choice made by the predecessor between the various provisions relating to the implementation of the Treaty in respect of the territory to which the skirt of the States relates.
Motivation of the skirt
1. The amendment to the multilateral contract referred to in Article 17 or 18 shall be in writing.
2. If the notification of a succession is not signed by the head of state, the head of government or the Minister for Foreign Affairs, the representative of the State implementing it may be invited to submit a mandate.
3. Unless otherwise provided in the contract, notification of the succese:
(a) it is transmitted by a newly independent State to the depositary or, if it is not a depositary, to the Parties or to the Contracting States;
(b) it shall be deemed to have been carried out by a newly independent State on the date on which it was received by the depositary or, failing that, by the date on which it was received by all parties or by all Contracting States.
4. Paragraph 3 shall be without prejudice to any obligation imposed on the depositary in accordance with a contract or otherwise, to inform the parties or contracting States of the notification of the skirt or of any communication made in this context by a newly independent State.
5. Subject to the provisions of the Treaty, such notification of the skirt or the communication shall be deemed to have been received by the State to which it was addressed when that State was informed of them by the depositary.
Effects of succession notification
1. If the contract does not provide otherwise or is not otherwise agreed, a newly independent State which carries out the notification of a succour pursuant to Article 17 or paragraph 2 of Article 18 shall be deemed to be a party to the contract from the date of the skirt of the States or from the date of entry into force of the contract if the contract enters into force at a later date.
2. However, the implementation of the contract shall be deemed to be suspended between the newly independent State and the other parties to the contract until the date of notification of the skirt, except where the contract referred to in Article 27 is provisionally applied or is otherwise agreed.
3. If the contract does not provide otherwise or is not otherwise agreed, the newly independent State which carries out the notification of the skirt referred to in Article 18 (1) shall be deemed to be the contract State from the date of notification of the skirt.
TWO-TERM CONTRACTS
Conditions under which a contract is bound to be valid in the case of a succession of the State
1. A bilateral contract which at the date of the succour is valid in the territory covered by the skirt of the States shall be deemed to be valid between the new independent State and the other Contracting Party in accordance with the provisions of the contract if:
(a) the parties expressly agree; or
(b) the manner in which they behave shall be deemed to be in agreement.
(2) A contract deemed to be in force under paragraph 1 shall apply between the newly independent State and the other Contracting Party from the date of the skirt of the States, unless otherwise provided for in their agreement.
The relationship between the State-predecessor and the newly independent state
A contract which, in accordance with Article 24, is deemed to be valid between a newly independent State and the other Contracting Party cannot be considered to be also valid between a State predecessor and a newly independent State only for that reason.
Termination, suspension or amendment of the contract between the State predecessor and the other party to the contract
1. Where, in accordance with Article 24, a contract is considered valid between a newly independent State and the other Contracting Party:
(a) this Treaty shall not cease to apply between them solely because it subsequently disappeared between the State predecessor and the other Contracting Party;
(b) its implementation shall not be interrupted between them solely because its implementation between the State predecessor and the other Contracting Party has subsequently been suspended;
(c) it will not be changed between them solely because it was subsequently changed between the State predecessor and the other Contracting Party.
2. The fact that the contract has expired or, where appropriate, interrupted its implementation between the State predecessor and the other Contracting Party after the date of the sugarship of the States does not prevent the contract from being deemed to be valid or, where provided for in Article 24, to be carried out between the newly independent State and the other Contracting Party, in accordance with the agreement.
3. The fact that the contract has been amended between the State of the predecessor and the other Contracting Party after the date of the skirt of the States does not prevent the unchanged contract from being considered valid, in accordance with Article 24, between the newly independent State and the other Contracting Party unless it is established that their intention was to implement the amended contract between them.
PROVISIONAL IMPLEMENTATION
Multilateral agreements
1. If, at the date of the sub-chapter of the States, the multilateral agreement was in force in respect of the territory covered by the sub-section of the States and the newly independent State notifies its intention to apply the contract provisionally to its territory, the contract shall be applied provisionally between the newly independent State and any party which expressly agrees to it or whose behaviour it must be deemed to have agreed.
2. However, in the case of a contract falling within the category referred to in Article 17 (3), the consent of all parties to such provisional implementation shall be required.
3. If, at the date of the State's successes, the multilateral treaty still in force has been applied provisionally to the territory covered by the State's skirts and the newly independent State notifies its intention to continue to apply it provisionally in respect of its territory, the contract shall be applied provisionally between the newly independent State and any Contracting State which expressly agrees to this or whose conduct it must be deemed to have agreed.
4. However, in the case of a contract falling within the category referred to in Article 17 (3), the consent of all Contracting States for such provisional implementation shall be required.
5. Paragraphs 1 to 4 shall not apply where the contract implies or otherwise provides that the implementation of the contract against a newly independent State would be incompatible with its object and the objective or would substantially alter the circumstances of the contract.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 292 / 1999 Coll., on the Vienna Convention on the Suggestion of States in relation to Contracts |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.12.1999 |
|---|---|
| Effective from | 25.08.1999 |
| Effective until | - |
| Status | Valid |
Legal Areas:
International law
International public law
The regulation text is for informational purposes only.
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