Section 106p. 106

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

the treaty enters into force for that State on that date,

unless the treaty otherwise provides.

4. The provisions of a treaty regulating the authentication

of its text, the establishment of the consent of States to

be bound by the treaty, the manner or date of its entry

into force, reservations, the functions of the depositary

and other matters arising necessarily before the entry

into force of the treaty apply from the time of the

adoption of its text.

ARTICLE 25

Provisional Application

1. A treaty or a part of a treaty is applied provisionally

pending its entry into force if:

(a) the treaty itself so provides; or

(b) the negotiating States have in some other manner so

agreed.

2. Unless the treaty otherwise provides or the negotiating

States have otherwise agreed, the provisional application

of a treaty or a part of a treaty with respect to a State shall

be terminated if that State notifies the other States

between which the treaty is being applied provisionally of

its intention not to become a party to the treaty.

PART III Observance, Application and

Interpretation of Treaties

SECTION 1 Observance of Treaties

ARTICLE 26

"Pacta Sunt Servanda"

Every treaty in force is binding upon the parties to it and

must be performed by them in good faith.

ARTICLE 27

Internal Law and Observance of Treaties

A party may not invoke the provisions of its internal law as

justification for its failure to perform a treaty. This rule is

without prejudice to article 46.

SECTION 2 Application of Treaties

ARTICLE 28

Non-retroactivity of Treaties

Unless a different intention appears from the treaty or is

otherwise established, its provisions do not bind a party in

relation to any act or fact which took place or any

situation which ceased to exist before the date of the

entry into force of the treaty with respect to that party.

ARTICLE 29

Territorial Scope of Treaties

Unless a different intention appears from the treaty or is

otherwise established, a treaty is binding upon each party

in respect of its entire territory.

ARTICLE 30

Application of Successive Treaties Relating to the Same

Subject Matter

1. Subject to Article 103 of the Charter of the United

Nations, the rights and obligations of States Parties to

successive treaties relating to the same subject matter

shall be determined in accordance with the following

paragraphs.

2. When a treaty specifies that it is subject to, or that it is

not to be considered as incompatible with, an earlier or

later treaty, the provisions of that other treaty prevail.

3. When all the parties to the earlier treaty are parties also

to the later treaty but the earlier treaty is not terminated

or suspended in operation under article 59, the earlier

treaty applies only to the extent that its provisions are

compatible with those of the later treaty.

4. When the parties to the later treaty do not include all

the parties to the earlier one:

(a) as between States Parties to both treaties the same

rule applies as in paragraph 3;

(b) as between a State party to both treaties and a State

party to only one of the treaties, the treaty to which both

States

are

parties

governs

their

mutual

rights

and

obligations.

5. Paragraph 4 is without prejudice to article 41, or to any

question

of

the

termination

or

suspension

of

the

operation of a treaty under article 60 or to any question of

responsibility which may arise for a State from the

conclusion or application of a treaty the provisions of

which

are incompatible with its obligations towards

another State under another treaty.

SECTION 3 Interpretation of Treaties

ARTICLE 31

General Rule of Interpretation

1. A treaty shall be interpreted in good faith in accordance

with the ordinary meaning to be given to the terms of the

treaty in their context and in the light of its object and

purpose.

2. The context for the purpose of the interpretation of a

treaty shall comprise, in addition to the text, including its

preamble and annexes:

(a) any agreement relating to the treaty which was made

between all the parties in connection with the conclusion

of the treaty;

(b) any instrument which was made by one or more

parties in connection with the conclusion of the treaty

and accepted by the other parties as an instrument

related to the treaty.

3. There shall be taken into account, together with the

context:

(a)

any

subsequent agreement between the parties

regarding

the

interpretation

of

the

treaty

or

the

application of its provisions;

(b) any subsequent practice in the application of the

treaty which establishes the agreement of the parties

regarding its interpretation;

(c) any relevant rules of international law applicable in the

relations between the parties.

4. A special meaning shall be given to a term if it is

established that the parties so intended.

ARTICLE 32

Supplementary Means of Interpretation

Recourse

may

be

had

to

supplementary

means of

interpretation, including the preparatory work of the

treaty and the circumstances of its conclusion, in order to

confirm the meaning resulting from the application of

article

31,

or

to

determine

the

meaning when the

interpretation according to article 31:

(a) leaves the meaning ambiguous or obscure; or

(b)

leads

to a result which is manifestly absurd or

unreasonable.

ARTICLE 33

Interpretation of Treaties Authenticated in Two or More

Languages

1. When a treaty has been authenticated in two or more

languages,

the

text

is

equally authoritative in each

language, unless the treaty provides or the parties agree

that, in case of divergence, a particular text shall prevail.

2. A version of the treaty in a language other than one of

those in which the text was authenticated shall be

considered an authentic text only if the treaty so provides

or the parties so agree.

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