334 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1980 (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. PART ii. CONCLUSION AND ENTRY INTO FORCE OF TREATIES SECTION i. CONCLUSION OF TREATIES Article 6. CAPACITY OF STATES TO CONCLUDE TREATIES Every State possesses capacity to conclude treaties. Article 7. FULL POWERS 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: (a) He produces appropriate full powers; or (b) It appears from the practice of the States concerned or from other cir cumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers. 2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State: (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; (6) 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; (c) Representatives accredited by States to an international conference or to an in ternational organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ. Article 8. SUBSEQUENT CONFIRMATION OF AN ACT PERFORMED WITHOUT AUTHORIZATION 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. Vol. 1155,1-18232

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