维也纳条约法公约中英文版(共31页).doc

精选优质文档-倾情为你奉上Vienna Convention on the Law of Treaties 1969维也纳条约法公约The States Parties to the present Convention,本公约各当事国，Considering the fundamental role of treaties in the history of international relations,鉴于条约在国际关系历史上之基本地位，Recognizing the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful cooperation among nations, whatever their constitutional and social systems,承认条约为国际法渊源之一，且为各国间不分宪法及社会制度发展和平合作之工具，其重要性日益增加，Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are universally recognized,鉴悉自由同意与善意之原则以及条约必须遵守规则及举世所承认，Affirming that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law,确认凡关于条约之争端与其他国际争端同，皆应以和平方法且依正义及国际法之原则解决之，Recalling the determination of the peoples of the United Nations to establish conditions under which justice and respect for the obligations arising from treaties can be maintained,念及联合国人民同兹决心创造适当环境俾克维持正义及尊重由条约而起之义务，Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,鉴及联合国宪章所载之国际法原则，诸如人民平等权利及自决，所有国家主权平等及独立，不干涉各国内政，禁止使用威胁或武力以及普遍尊重与遵守全体人类之人权及基本自由等原则。Believing that the codification and progressive development of the law of treaties achieved in the present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the maintenance of international peace and security, the development of friendly relations and the achievement of cooperation among nations,深信本公约所达成之条约法之编纂及逐渐发展可促进宪章所揭示之联合国宗旨，即维持国际和平与安全，发展国际间之友好关系并达成其彼此合作，Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention,确认凡未经本公约各条规定之问题，将仍以国际习惯法规则为准，Have agreed as follows:爰议定条款如下：PART I. INTRODUCTION第一编 导言Article 1 Scope of the present Convention第一条 本公约之范围The present Convention applies to treaties between States.本公约适用于国家间之条约。Article 2 Use of terms第二条 用语1. For the purposes of the present Convention:一、就适用本公约而言：(i) “treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;（甲）称条约者，谓国家间所缔结而以国际法为准之国际书面协定，不论其载于一项单独文书或两项以上相互有关之文书内，亦不论其特定名称如何；(ii) “ratification”, “acceptance”, “approval” and “accession” mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty;（乙）称批准，接受，赞同及加入者，各依本义指一国据以在国际上确定其同意受条约拘束之国际行为；(iii) “full powers” means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty;（丙）称全权证书者，谓一国主管当局所颁发，指派一人或数人代表该国谈判，议定或认证条约约文，表示该国同意受条约拘束，或完成有关条约之任何其他行为之文件；(iv) “reservation” means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State;（丁）称保留者，谓一国于签署，批准、接受、赞同或加入条约时所做之片面声明，不论措辞或名称如何，其目的在摒除或更改条约中若干规定对该国适用时之法律效果；(v) “negotiating State” means a State which took part in the drawing up and adoption of the text of the treaty;（戊）称谈判国者，谓参与草拟及议定条约约文之国家；(vi) “contracting State” means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force;（己）称缔约国者，谓不问条约已未生效，同意受条约拘束之国家；(vii) “party” means a State which has consented to be bound by the treaty and for which the treaty is in force;（庚）称当事国者，谓同意承受条约拘束及条约对其有效之国家；(viii) “third State” means a State not a party to the treaty;（辛）称第三国者，谓非条约当事国之国家；(ix) “international organization” means an intergovernmental organization.（壬）称国际组织者，谓政府间之组织。2. The provisions of paragraph 1 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State.二、第一项关于本公约内各项用语之规定不妨碍此等用语，在任何国家国内法上之使用或所具有之意义。Article 3 International agreements not within the scope of the present Convention第三条 不属本公约范围之国际协定The fact that the present Convention does not apply to international agreements concluded between States and other subjects of international law or between such other subjects of international law, or to international agreements not in written form, shall not affect:本公约不适用于国家与其他国际法主体间所缔结之国际协定或此种其他国际法主体间之国际协定或非书面国际协定，此一事实并不影响：(a) the legal force of such agreements;（甲）此类协定之法律效力；(b) the application to them of any of the rules set forth in the present Convention to which they would be subject under international law independently of the Convention;（乙）本公约所载任何规则之依照国际法而毋须基于本公约原应适用于此类协定者，对于此类协定之适用；(c) the application of the Convention to the relations of States as between themselves under international agreements to which other subjects of international law are also parties.（丙）本公约之适用于国家间以亦有其他国际法主体为其当事者之国际协定为根据之彼此关系。Article 4 Non-retroactivity of the present Convention第四条 本公约不溯既往Without prejudice to the application of any rules set forth in the present Convention to which treaties would be subject under international law independently of the Convention, the Convention applies only to treaties which are concluded by States after the entry into force of the present Convention with regard to such States.以不妨碍本公约所载任何规则之依国际法而毋须基于本公约原应适用于条约者之适用为限，本公约仅对各国于本公约对各该国生效后所缔结之条约适用之。Article 5 Treaties constituting international organizations and treaties adopted within an international organization第五条 组成国际组织之条约及在一国际组织内议定之条约The present Convention applies to any treaty which is the constituent instrument of an international organization and to any treaty adopted within an international organization without prejudice to any relevant rules of the organization.本公约适用于为一国际组织组织约章之任何条约及在一国际组织内议定之任何条约，但对该组织任何有关规则并无妨碍。PART II. CONCLUSION AND ENTRY INTO FORCE OF TREATIES 第二编 条约之缔结及生效SECTION 1. CONCLUSION OF TREATIES第一节 条约之缔结Article 6 Capacity of States to conclude treaties第六条 国家缔结条约之能力Every State possesses capacity to conclude treaties.每一国家皆有缔结条约之能力。Article 7 Full powers第七条 全权证书1. A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:一、任一人员如有下列情况之一，视为代表一国议定或认证条约约文或表示该国承受条约拘束之同意：(a) he produces appropriate full powers; or（甲）出具适当之全权证书；或(b) it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.（乙）由于有关国家之惯例或由于其他情况可见其此等国家之意思系认为该人员为此事代表该国而可免除全权证书。2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State:二、下列人员由于所任职务毋须出具全权证书，视为代表其国家：(a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts relating to the conclusion of a treaty;（甲）国家元首，政府首长及外交部长，为实施关于缔结条约之一切行为；(b) heads of diplomatic missions, for the purpose of adopting the text of a treaty between the accrediting State and the State to which they are accredited;（乙）使馆馆长、为议定派遣国与驻在国间条约约文；(c) representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.（丙）国家派往国际会议或派驻国际组织或该国际组织一机关之代表，为议定在该会议，组织或机关内议定之条约约文。Article 8 Subsequent confirmation of an act performed without authorization第八条 未经授权所实施行为之事后确认An act relating to the conclusion of a treaty performed by a person who cannot be considered under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State.关于缔结条约之行为系依第七条不能视为经授权为此事代表一国之人员所实施者，非经该国事后确认，不发生法律效果。Article 9 Adoption of the text第九条 约文之议定1. The adoption of the text of a treaty takes place by the consent of all the States participating in its drawing up except as provided in paragraph 2.一、除依第二项之规定外，议定条约约文应以所有参加草拟约文国家之同意为之。2. The adoption of the text of a treaty at an international conference takes place by the vote of two thirds of the States present and voting, unless by the same majority they shall decide to apply a different rule.二、国际会议议定条约之约文应以出席及参加表决国家三分之二多数之表决为之，但此等国家以同样多数决定适用另一规则者不在此限。Article 10 Authentication of the text第十条 约文之认证The text of a treaty is established as authentic and definitive:条约约文依下列方法确定为作准定本：(a) by such procedure as may be provided for in the text or agreed upon by the States participating in its drawing up; or（甲）依约文所载或经参加草拟约文国家协议之程序；或(b) failing such procedure, by the signature, signature ad referendum or initialling by the representatives of those States of the text of the treaty or of the Final Act of a conference incorporating the text.（乙）倘无此项程序，由此等国家代表在条约约文上，或在载有约文之会议最后文件上签署，作待核准之签署或草签。Article 11 Means of expressing consent to be bound by a treaty第十一条 表示同意承受条约拘束之方式The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.一国承受条约拘束之同意得以签署、交换构成条约之文书、批准、接受、赞同或加入，或任何其他同意之方式表示之。Article 12 Consent to be bound by a treaty expressed by signature第十二条 以签署表示承受条约拘束之同意1. The consent of a State to be bound by a treaty is expressed by the signature of its representative when:一、遇有下列情形之一，一国承受条约拘束之同意，以该国代表之签署表示之：(a) the treaty provides that signature shall have that effect;（甲）条约规定签署有此效果；(b) it is otherwise established that the negotiating States were agreed that signature should have that effect; or（乙）另经确定谈判国协议签署有此效果；或(c) the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation.（丙）该国使签署有此效果之意思可见诸其代表所奉全权证书或已于谈判时有些表示。2. For the purposes of paragraph 1:二、就适用第一项而言：(a) the initialling of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed;（甲）倘经确定谈判国有此协议，约文之草签构成条约之签署；(b) the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a full signature of the treaty.（乙）代表对条约作待核准之签署，倘经其本国确认，即构成条约之正式签署。Article 13 Consent to be bound by a treaty expressed by an exchange of instruments constituting a treaty第十三条 以交换构成条约之文书表示承受条约拘束之同意The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when:遇有下列情形之一，国家同意承受由彼此间交换之文书构成之条约拘束，以此种交换表示之：(a) the instruments provide that their exchange shall have that effect; or（甲）文书规定此种交换有此效果；或(b) it is otherwise established that those States were agreed that the exchange of instruments should have that effect.（乙）另经确定此等国家协议文书之交换有此效果。Article 14 Consent to be bound by a treaty expressed by ratification, acceptance or approval第十四条 以批准接受或赞同表示承受条约拘束之同意1.The consent of a State to be bound by a treaty is expressed by ratification when:一、遇有下列情形之一，一国承受条约拘束之同意，以批准表示之：(a) the treaty provides for such consent to be expressed by means of ratification;（甲）条约规定以批准方式表示同意；(b) it is otherwise established that the negotiating States were agreed that ratification should be required;（乙）另经确定谈判国协议需要批准；(c) the representative of the State has signed the treaty subject to ratification; or（丙）该国代表已对条约作须经批准之签署；或(d) the intention of the State to sign the treaty subject to ratification appears from the full powers of its representative or was expressed during the negotiation.（丁）该国对条约作须经批准之签署之意思可见诸其代表所奉之全权证书，或已于谈判时有此表示。2. The consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification.二、一国承受条约拘束之同意以接受或赞同方式表示者，其条件与适用于批准者同。Article 15 Consent to be bound by a treaty expressed by accession第十五条 以加入表示承受条约拘束之同意The consent of a State to be bound by a treaty is expressed by accession when:遇有下列情形之一，一国承受条约拘束之同意以加入表示之：(a) the treaty provides that such consent may be expressed by that State by means of accession;（甲）条约规定该国得以加入方式表示此种同意；(b) it is otherwise established that the negotiating States were agreed that such consent may be expressed by that State by means of accession; or（乙）另经确定谈判国协议该国得以加入方式表示此种同意；(c) all the parties have subsequently agreed that such consent may be expressed by that State by means of accession.（丙）全体当事国嗣后协议该国得以加入方式表示此种同意。Article 16 Exchange or deposit of instruments of ratification, acceptance, approval or accession 第十六条 批准书、接受书、赞同书或加入书之交换或交存Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon: 除条约另有规定外，批准书、接受书、赞同书或加入书依下列方式确定一国承受条约拘束之同意：(a) their exchange between the contracting States;（甲）由缔约国互相交换；(b) their deposit with the depositary; or（乙）将文书交存保管机关；或(c) their notification to the contracting States or to the depositary, if so agreed. （丙）如经协议，通知缔约国或保管机关。Article 17 Consent to be bound by part of a treaty and choice of differing provisions第十七条 同意承受条约一部分之拘束及不同规定之选择1. Without prejudice to articles 19 to 23, the consent of a State to be bound by part of a treaty is effective only if the treaty so permits or the other contracting States so agree. 一、以不妨碍第十九条至第二十三条为限，一国同意承受条约一部分之拘束，仅于条约许可或其他缔约国同意时有效。2. The consent of a State to be bound by a treaty which permits a choice between differing provisions is effective only if it is made clear to which of the provisions the consent relates. 二、一国同意承受许可选择不同规定之条约之拘束，仅于指明其所同意之规定时有效。Article 18 Obligation not to defeat the object and purpose of a treaty prior to its entry into force第十八条 不得在条约生效前妨碍其目的及宗旨之义务A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when: 一国负有义务不得采取任何足以妨碍条约目的及宗旨之行动：(a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratificatio