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2. Paragraph 1 does not apply if it appears from the treaty or is otherwise established that the application of the treaty in respect of the newly independent state would be incompatible with its object and purpose or would radically change the conditions for the operation of the treaty.

3. When, under the terms of the treaty or by reason of the limited number of the negotiating states and the object and purpose of the treaty, the participation of any other state in the treaty must be considered as requiring the consent of all the parties, the newly independent state may establish its status as a party to the treaty only with such consent.

Article 17 Participation in treaties not in force at the date of the succession of states 1. Subject to paragraphs 3 and 4, a newly independent state may, by a notification of succession, establish its status as a contracting state to a multilateral treaty which is not in force if at the date of the succession of states the predecessor state was a contracting state in respect of the territory to which that succession of states relates.

2. Subject to paragraphs 3 and 4, a newly independent state may, by a notification of succession, establish its status as a party to a multilateral treaty which enters into force after the date of the succession of states if at the date of the succession of states the predecessor state was a contracting state in respect of the territory to which that succession of states relates.

3. Paragraphs 1 and 2 do not apply if it appears from the treaty or is otherwise established that the application of the treaty in respect of the newly independent state would be incompatible with its object and purpose or would radically change the conditions for the operation of the treaty.

4. When, under the terms of the treaty or by reason of the limited number of the negotiating states and the object and purpose of the treaty, the participation of any other state in the treaty must be considered as requiring the consent of all the parties or of all the contracting states, the newly independent state may establish its status as a party or as a contracting state to the treaty only with such consent.

5. When a treaty provides that a specified number of contracting states shall be necessary for its entry into force, a newly independent state which establishes its status as a contracting state to the treaty under paragraph 1 shall be reckoned as a contracting state for the purpose of that provision unless a different intention appears from the treaty or is otherwise established.

Article 18 Participation in treaties signed by the predecessor state subject to ratification,

acceptance or approval 1. Subject to paragraphs 3 and 4, if before the date of the succession of states the predecessor state signed a multilateral treaty subject to ratification, acceptance or approval and by the signature intended that the treaty should extend to the territory to which the succession of states relates, the newly independent state may ratify, accept or approve the treaty as if it had signed that treaty and may thereby become a party or a contracting state to it.

2. For the purpose of paragraph 1, unless a different intention appears from

the treaty or is otherwise established, the signature by the predecessor state of a treaty is considered to express the intention that the treaty should extend to the entire territory for the international relations of which the predecessor state was responsible.

3. Paragraph 1 does not apply if it appears from the treaty or is otherwise established that the application of the treaty in respect of the newly independent state would be incompatible with its object and purpose or would radically change the conditions for the operation of the treaty.

4. When, under the terms of the treaty or by reason of the limited number of the negotiating states and the object and purpose of the treaty, the participation of any other state in the treaty must be considered as requiring the consent of all the parties or of all the contracting states, the newly independent state may become a party or a contracting state to the treaty only with such consent.

Article 19

Reservations 1. When a newly independent state establishes its status as a party or as a contracting state to a multilateral treaty by a notification of succession under Article 16 or 17, it shall be considered as maintaining any reservation to that treaty which was applicable at the date of the succession of states in respect of the territory to which the succession of states relates unless, when making the notification of succession, it expresses a contrary intention or formulates a reservation which relates to the same subject matter as that reservation.

2. When making a notification of succession establishing its status as a party or as a contracting state to a multilateral treaty under Article 16 or 17, a newly independent state may formulate a reservation unless the reservation is one the formulation of which would be excluded by the provisions of sub-paragraph (a), (b) or (c) of Article 19 of the Vienna Convention on the Law of Treaties.

3. When a newly independent state formulates a reservation in conformity with paragraph 2, the rules set out in Articles 20, 21, 22 and 23 of the Vienna Convention on the Law of Treaties apply in respect of that reservation.

Article 20 Consent to be bound by part of a treaty and choice between differing provisions

1. When making a notification of succession under Article 16 or 17 establishing its status as a party or contracting state to a multilateral treaty, a newly independent state may express its consent to be bound by part of the treaty or make a choice between differing provisions under the conditions laid down in the treaty for expressing such consent or making such choice.

2. A newly independent state may also exercise, under the same conditions as the other parties or contracting states, any right provided for in the treaty to withdraw or modify any consent or choice made by itself or made by the predecessor state in respect of the territory to which the succession of states relates.

3. If the newly independent state does not in conformity with paragraph 1 express its consent or make a choice, or in conformity with paragraph 2 withdraw or modify the consent or choice of the predecessor state, it is considered as maintaining:

(a) the consent of the predecessor state, in conformity with the treaty, to be bound, in respect of the territory to which the succession of states relates, by part of that treaty; or

(b) the choice of the predecessor state, in conformity with the treaty,

between differing provisions in the application of the treaty in respect of the territory to which the succession of states relates.

Article 21

Notification of succession 1. A notification of succession in respect of a multilateral treaty under Article 16 or 17 must be made in writing.

2. If the notification of succession is not signed by the Head of State, Head of Government or Minister of Foreign Affairs, the representative of the state communicating it may be called upon to produce full powers. 3. Unless the treaty otherwise provides, the notification of succession shall:

(a) be transmitted by the newly independent state to the depositary or, if there is no depositary, to the parties or the contracting states;

(b) be considered to be made by the newly independent state on the date on which it has been received by the depositary or, if there is no depositary, on the date on which it has been received by all the parties or, as the case may be, by all the contracting states.

4. Paragraph 3 does not affect any duty that the depositary may have, in accordance with the treaty or otherwise, to inform the parties or the contracting states of the notification of succession or any communication made in connection therewith by the newly independent state.

5. Subject to the provisions of the treaty, such notification of succession or such communication shall be considered as received by the state for which it was intended only when the latter state has been informed by the depositary.

Article 22

Effects of a notification of succession 1. Unless the treaty otherwise provides or it is otherwise agreed, a newly independent state which makes a notification of succession under Article 16 or 17, paragraph 2, shall be considered a party to the treaty from the date of the succession of states or from the date of entry into force of the treaty, whichever is the later date.

2. Nevertheless, the operation of the treaty shall be considered as suspended as between the newly independent state and the other parties to the treaty until the date of making of the notification of succession except so far as that treaty may be applied provisionally in accordance with Article 26 or as may be otherwise agreed.

3. Unless the treaty otherwise provides or it is otherwise agreed, a newly independent state which makes a notification of succession under Article 17, paragraph 1, shall be considered a contracting state to the treaty from the date on which the notification of succession is made.

Section 3. Bilateral Treaties

Article 23 Conditions under which a treaty is considered as being in force in the case of a

succession of states 1. A bilateral treaty which, at the date of a succession of states was in force in respect of the territory to which the succession of states relates, is considered as being in force between a newly independent state and the other state party in conformity with the provisions of the treaty when:

(a) they expressly so agree; or

(b) by reason of their conduct they are to be considered as having so agreed.

2. A treaty considered as being in force under paragraph 1 applies in the relations between the newly independent state and the other state party from the date of the succession of states, unless a different intention appears from their agreement or is otherwise established.

Article 24

The position as between the predecessor state and the newly independent state

A treaty which under Article 23 is considered as being in force between a newly independent state and the other state party is not by reason only of that fact to be considered as in force also in the relations between the predecessor states and the newly independent state.

Article 25

Termination, suspension of operation or amendment of the treaty as between the

predecessor state and the other state party

1. When under Article 23 a treaty is considered as being in force between a newly independent state and the other state party, the treaty:

(a) does not cease to be in force between them by reason only of the fact that it has subsequently been terminated as between the predecessor state and the other state party;

(b) is not suspended in operation as between them by reason only of the fact that it has subsequently been suspended in operation as between the predecessor state and the other state party;

(c) is not amended as between them by reason only of the fact that it has subsequently been amended as between the predecessor state and the other state party.

2. The fact that a treaty has been terminated or, as the case may be, suspended in operation as between the predecessor state and the other state party after the date of the succession of states does not prevent the treaty from being considered to be in force, or, as the case may be, in operation as between the newly independent state and the other state party if it is established in accordance with Article 23 that they so agreed.

3. The fact that a treaty has been amended as between the predecessor state and the other state party after the date of the succession of states does not prevent the unamended treaty from being considered to be in force under Article 23 as between the newly independent state and the other state party, unless it is established that they intended the treaty as amended to apply between them.

Provisional Application

Section 4.

Article 26

Multilateral treaties

1. If, at the date of the succession of states, a multilateral treaty was in force in respect of the territory to which the succession of states relates and the newly independent state gives notice of its intention that the treaty should be applied provisionally in respect of its territory, that treaty shall apply provisionally between the newly independent state and any party which expressly so agrees or by reason of its conduct is to be considered as having so agreed.

2. Nevertheless, in the case of a treaty which falls within the category

mentioned in Article 16, paragraph 3, the consent of all the parties to such provisional application is required.

3. If, at the date of the succession of states, a multilateral treaty not yet in force was being applied provisionally in respect of the ory to which the succession of states relates and the newly independent state gives notice of its intention that the treaty should continue to be applied provisionally in respect of its territory, that treaty shall apply provisionally between the newly independent state and any contracting state which expressly so agrees or by reason of its conduct is to be considered as having so agreed.

4. Nevertheless, in the case of a treaty which falls within the category mentioned in Article 16, paragraph 3, the consent of all the contracting states to such continued provisional application is required.

5. Paragraphs 1 to 4 do not apply if it appears from the treaty or is otherwise established that the application of the treaty in respect of the newly independent state would be incompatible with its object and purpose or would radically change the conditions for the operation of the treaty.

Article 27

Bilateral treaties

A bilateral treaty which at the date of a succession of states was in force or was being provisionally applied in respect of the territory to which the succession of states relates is considered as applying provisionally between the newly independent state and the other state concerned when:

(a) they expressly so agree; or

(b) by reason of their conduct they are to be considered as having agreed to continue to apply the treaty provisionally.

Article 28

Termination of provisional application 1. Unless the treaty otherwise provides or it is otherwise agreed, the provisonal application of a multilateral treaty under Article 26 may be terminated:

(a) by reasonable notice of termination given by the newly independent state or the party or contracting state provisionally applying the treaty and the expiration of the notice; or

(b) in the case of a treaty which falls within the category mentioned in Article 16, paragraph 3, by reasonable notice of termination given by the newly independent state or the parties or, as the case may be, the contracting states, and the expiration of the notice.

2. Unless the treaty otherwise provides or it is otherwise agreed, the provisional application of a bilateral treaty under Article 27 may be terminated by reasonable notice of termination given by the newly independent state or the other state concerned and the expiration of the notice.

3. Unless the treaty provides for a shorter period for its termination or it is otherwise agreed, reasonable notice of termination shall be twelve months' notice from the date on which it is received by the other state or states provisionally applying the treaty.

4. Unless the treaty otherwise provides or it is otherwise agreed, the provisonal application of a multilateral treaty under Article 26 shall be terminated if the newly independent state gives notice of its intention not to become a party to the treaty.

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