1969 Vienna Convention

Le résumé fourni par la source

Abstract This chapter addresses Article 47 of the 1969 Vienna Convention on the Law of Treaties (VCLT), which deals with specific restrictions on authority to express the consent of a State. Article 47 complements the preceding Article 46 on invalidity as a result of limitations of a State's ability to express consent imposed by domestic law, with a stipulation on ultra vires acts by a State's representative. It specifically deals with the situation where a State's representative exceeds their authority to express that State's consent to be bound by ignoring or deliberately breaching restrictions placed by the State upon that authority. Like Article 46, it is closely connected to the concept of full powers, as defined in Article 7, with both stipulations being concerned with the effect of a domestic qualification of full powers. Indeed, during the Vienna Conference it was acknowledged that both Articles could potentially overlap, as the restriction laid upon the State's representative could well derive from domestic legal obligations.

Ce résumé expose les affirmations des auteurs. BNTIC ne l’interprète pas comme une validation indépendante des résultats.