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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.
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