Section 111p. 111

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

with the peremptory norm of general international law;

and

(b) bring their mutual relations into conformity with the

peremptory norm of general international law.

2. In the case of a treaty which becomes void and

terminates under article 64, the termination of the treaty:

(a) releases the parties from any obligation further to

perform the treaty;

(b) does not affect any right, obligation or legal situation

of the parties created through the execution of the treaty

prior

to

its

termination,

provided

that those rights,

obligations or situations may thereafter be maintained

only to the extent that their maintenance is not in itself in

conflict

with

the

new

peremptory norm of general

international law.

ARTICLE 72

Consequences of the Suspension of the Operation of a

Treaty

1. Unless the treaty otherwise provides or the parties

otherwise agree, the suspension of the operation of a

treaty under its provisions or in accordance with the

present Convention:

(a) releases the parties between which the operation of

the treaty is suspended from the obligation to perform

the treaty in their mutual relations during the period of

the suspension;

(b) does not otherwise affect the legal relations between

the parties established by the treaty.

2. During the period of the suspension the parties shall

refrain from acts tending to obstruct the resumption of

the operation of the treaty.

PART VI Miscellaneous Provisions

ARTICLE 73

Cases of State Succession, State Responsibility and

Outbreak of Hostilities

The

provisions

of

the

present

Convention shall not

prejudge any question that may arise in regard to a treaty

from a succession of States or from the international

responsibility of a State or from the outbreak of hostilities

between States.

ARTICLE 74

Diplomatic and Consular Relations and the Conclusion

of Treaties

The severance or absence of diplomatic or consular

relations between two or more States does not prevent

the conclusion of treaties between those States. The

conclusion of a treaty does not in itself affect the situation

in regard to diplomatic or consular relations.

ARTICLE 75

Case of an Aggressor State

The provisions of the present Convention are without

prejudice to any obligation in relation to a treaty which

may arise for an aggressor State in consequence of

measures taken in conformity with the Charter of the

United Nations with reference to that State’s aggression.

PART VII Depositaries, Notifications, Corrections

and Registration

ARTICLE 76

Depositaries of Treaties

1. The designation of the depositary of a treaty may be

made by the negotiating States, either in the treaty itself

or in some other manner. The depositary may be one or

more States, an international organization or the chief

administrative officer of the organization.

2.

The

functions

of

the

depositary

of

a

treaty

are

international in character and the depositary is under an

obligation to act impartially in their performance. In

particular, the fact that a treaty has not entered into force

between certain of the parties or that a difference has

appeared between a State and a depositary with regard

to the performance of the latter's functions shall not

affect that obligation.

ARTICLE 77

Functions of Depositaries

1. The functions of a depositary, unless otherwise provided

in

the

treaty

or

agreed

by

the

contracting

States,

comprise in particular:

(a) keeping custody of the original text of the treaty and

of any full powers delivered to the depositary;

(b) preparing certified copies of the original text and

preparing any further text of the treaty in such additional

languages

as

may

be

required

by

the

treaty

and

transmitting them to the parties and to the States

entitled to become parties to the treaty;

(c) receiving any signatures to the treaty and receiving

and keeping custody of any instruments, notifications

and communications relating to it;

(d) examining whether the signature or any instrument,

notification or communication relating to the treaty is in

due and proper form and, if need be, bringing the matter

to the attention of the State in question;

(e) informing the parties and the States entitled to

become parties to the treaty of acts, notifications and

communications relating to the treaty;

(f) informing the States entitled to become parties to the

treaty when the number of signatures or of instruments

of ratification, acceptance, approval or accession required

for the entry into force of the treaty has been received or

deposited;

(g) registering the treaty with the Secretariat of the

United Nations;

(h) performing the functions specified in other provisions

of the present Convention.

2. In the event of any difference appearing between a

State and the depositary as to the performance of the

latter’s functions, the depositary shall bring the question

to

the

attention

of

the

signatory

States

and

the

contracting

States

or,

where

appropriate,

of

the

competent

organ

of

the

international

organization

concerned.

ARTICLE 78

Notifications and Communications

Except as the treaty or the present Convention otherwise

provide, any notification or communication to be made

by any State under the present Convention shall:

(a) if there is no depositary, be transmitted direct to the

States for which it is intended, or if there is a depositary,

to the latter;

(b) be considered as having been made by the State in

question only upon its receipt by the State to which it was

transmitted or, as the case may be, upon its receipt by the

depositary;

(c)

if transmitted to a depositary, be considered as

received by the State for which it was intended only when

the latter State has been informed by the depositary in

accordance with article 77, paragraph 1(e).

ARTICLE 79

Correction of Errors in Texts or in Certified Copies of

Treaties

1. Where, after the authentication of the text of a treaty,

the signatory States and the contracting States are

agreed that it contains an error, the error shall, unless

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