Abstract
Art 85 determines the authentic texts of the VCLT as well as the depository of its original. Determination of the authentic languages of the Convention is particularly relevant with regard to its interpretation, since the text of a treaty constitutes one of the central elements of its context in terms of Art 31 para 1. In this respect, Art 33 para 1 makes it clear that “[w]hen a treaty has been authenticated in two or more languages, the text is equally authoritative in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular text shall prevail.” This is why the UN Handbook on Final Clauses of Multilateral Treaties considers it a desirable practice that treaties contain provisions on the authentic texts.
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Notes
- 1.
No reason exists as to why the provisions of the Convention should not apply to the VCLT itself. See also → Art 84 MN 6.
- 2.
UN Office of Legal Affairs (2003), pp. 77–78.
- 3.
UN Doc A/CONF.39/C.1/L.386/Rev.1, UNCLOT III 253–254.
- 4.
UN Doc A/CONF.39/C.1/L.389, UNCLOT III 255.
- 5.
UNCLOT II 195; see also Denis (2006), Art 85 MN 2. Art 10 VCLT corresponds to Draft Art 9 as adopted by the ILC. Authentication in terms of Art 10 refers to “the process by which this definitive text [not susceptible of alteration] is established, and it consists in some act or procedure which certifies the text as the correct and authentic text” (Final Draft, Commentary to Art 9, 195, para 1).
- 6.
UNCLOT II 197.
- 7.
The original official languages were those of the permanent members of the UN Security Council. Spanish (which is the second most widely spoken language in the world) and Arabic were added to the list for political reasons in 1973.
- 8.
See UN Office of Legal Affairs (2003), p. 77.
References
Denis C (2006) Article 85. In: Corten O, Klein P (eds) Les Conventions de Vienne sur le droit des traités: Commentaire article par article, Vol III. Bruylant, Brussels, pp 2878–2879
UN Office of Legal Affairs (2003) Final Clauses of Multilateral Treaties: Handbook. United Nations Publication. Available via https://treaties.un.org/doc/source/publications/FC/English.pdf. Accessed 22 November 2017
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Proelss, A. (2018). Article 85. In: Dörr, O., Schmalenbach, K. (eds) Vienna Convention on the Law of Treaties. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-55160-8_89
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