Explanation:
"Treaty" means an international agreement concluded between States in
written form and governed by international law, whether embodied in a single instru
ment or in two or more related instruments and whatever its particular designation;
(b) "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;
(c) "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;
(d) "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;
(e) "Negotiating State" means a State which took part in the drawing up and
adoption of the text of the treaty;
(/) "Contracting State" means a State which has consented to be bound by the
treaty, whether or not the treaty has entered into force;
(g) "Party" means a State which has consented to be bound by the treaty and
for which the treaty is in force;
Qi) "Third State" means a State not a party to the treaty;
(/) "International organization" means an intergovernmental organization.
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.
Article 3. INTERNATIONAL AGREEMENTS NOT WITHIN THE SCOPE
OF THE PRESENT CONVENTION
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:
(a) The legal force of such agreements;
(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;
(c) The application of the Convention to the relations of States as between them
selves under international agreements to which other subjects of international
law are also parties.
Article 4. NON-RETROACTIVITY OF THE PRESENT CONVENTION
Without prejudice to the application of any rules set forth in the present Con
vention 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.
Article 5. TREATIES CONSTITUTING INTERNATIONAL ORGANIZATIONS
AND TREATIES ADOPTED WITHIN AN INTERNATIONAL ORGANIZATION
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.
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