1_1_1966 - Draft Articles on the Law of Treaties with...

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Unformatted text preview: Draft Articles on the Law of Treaties with commentaries 1966 Copyright United Nations 2005 Text adopted by the International Law Commission at its eighteenth session, in 1966, and submitted to the General Assembly as a part of the Commissions report covering the work of that session (at para. 38). The report, which also contains commentaries on the draft articles, appears in Yearbook of the International Law Commission, 1966 , vol. II. Reports of the Commission to the General Assembly 187 5. Where an error is discovered in a certified copy of a treaty, the depositary shall execute a proces-verbal specifying the rectification and communicate a copy to the contracting States. Article 75. Registration and publication of treaties Treaties entered into by parties to the present articles shall as soon as possible be registered with the Secretariat of the United Nations. Their registration and publication shall be governed by the regulations adopted by the General Assembly of the United Nations. Draft articles on the law of treaties with commentaries Part I. Introduction Article I. 35 The scope of the present articles The present articles relate to treaties concluded between States. Commentary (1) This provision defining the scope of the present articles as relating to "treaties concluded between States" has to be read in close conjunction not only with arti-cle 2(l)(a), which states the meaning with which the term "treaty" is used in the articles, but also with article 3, which contains a general reservation regarding certain other categories of international agreements. The sole but important purpose of this provision is to underline at the outset that all the articles which follow have been formulated with particular reference to treaties concluded between States and are designed for application only to such treaties. (2) Article 1 gives effect to and is the logical consequence of the Commission's decision at its fourteenth session not to include any special provisions dealing with the treaties of international organizations and to confine the draft articles to treaties concluded between States. Treaties concluded by international organizations have many special characteristics; and the Commission con-sidered that it would both unduly complicate and delay the drafting of the present articles if it were to attempt to include in them satisfactory provisions concerning treaties of international organizations. It is true that in the draft provisionally adopted in 1962, article 1 defined the term treaty "for the purpose of the present articles" as covering treaties "concluded between two or more States or other subjects of international law". It is also true that article 3 of that draft contained a very general reference to the capacity of "other subjects of international law" to conclude treaties and a very general rule concerning the capacity of international organizations in particular. But no other article of that draft or of those provisionally adopted in 1963 and...
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This note was uploaded on 07/09/2011 for the course MK MK 640 taught by Professor Dr.lee during the Spring '11 term at Jefferson College.

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1_1_1966 - Draft Articles on the Law of Treaties with...

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