ABSTRACT

In the Vienna Convention on the Law of Treaties, as in the Commission's previous draft conventions, it is not possible to separate the several provisions into one or the other categories, but a careful study will reveal which contains elements of "progressive development" and which "codification". Arbitration and conciliation are the procedures provided for, as the parties may agree in particular cases. It should be emphasised that the study is concerned only with the problems of invalidity of treaties, not of termination, suspension, denunciation of or withdrawal from, treaties. It is only for the sake of clarity that the general provisions relating to all have been disposed of together in the introductory remarks. All States having capacity to make treaties must provide in one form or another for the designation of the organ or organs and a definition of the limits of their powers in expressing the State's consent to be bound by a treaty.