第九章 条约 国际法.pptVIP

第九章 条约 Treaties 条约的定义 Art.2(1)(a) of the 1969 Vienna Convention on the Law of Treaties: 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 这个定义不包括： （1）由国内法调整的协议； （2）不涉及国家关系的协议或文件； （3）口头协议； （4）国际组织之间或国家与国际组织之间的协议。 1986 Convention on the Law of Treaties Between States and International Organizations or Between International Organizations 一、条约的生效 条约内容的通过 (adoption of the text of a treaty) Article 9 Adoption of the text (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. (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. 2. 表示愿意受条约约束(consent to be bound by a treaty) Article 11 Means of expressing consent to be bound by a treaty 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 Article 12 Consent to be bound by a treaty expressed by signature (1) The consent of a State to be bound by a treaty is expressed by the signature of its representative when: (a) the treaty provides that signature shall have that effect; (b) it is otherwise established that the negotiating States were agreed that signature should have that effect; or (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. Article 14 Consent to be bound by a treaty expressed by ratification, acceptance or approval (1) The consent of a State to be bound by a treaty is expressed