Article 79 Correction of errors in texts or in certified copies of treaties

Geldend

Documentgegevens:

Geldend vanaf 27-01-1980

Bronpublicatie:: 23-05-1969, Trb. 1972, 51 (uitgifte: 17-05-1972, kamerstukken/regelingnummer: -)
Inwerkingtreding: 27-01-1980
Bronpublicatie inwerkingtreding:: 23-05-1985, Trb. 1985, 79 (uitgifte: 23-05-1985, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Verdragenrecht

1.

Where, after the authentication of the text of a treaty, the signatory States and the contracting States are agreed that it contains an error, the error shall, unless they decide upon some other means of correction, be corrected:

(a): by having the appropriate correction made in the text and causing the correction to be initialled by duly authorized representatives;
(b): by executing or exchanging an instrument or instruments setting out the correction which it has been agreed to make; or
(c): by executing a corrected text of the whole treaty by the same procedure as in the case of the original text.

2.

Where the treaty is one for which there is a depositary, the latter shall notify the signatory States and the contracting States of the error and of the proposal to correct it and shall specify an appropriate time-limit within which objection to the proposed correction may be raised. If, on the expiry of the time-limit:

(a): no objection has been raised, the depositary shall make and initial the correction in the text and shall execute a procès-verbal of the rectification of the text and communicate a copy of it to the parties and to the States entitled to become parties to the treaty;
(b): an objection has been raised, the depositary shall communicate the objection to the signatory States and to the contracting States.

3.

The rules in paragraphs 1 and 2 apply also where the text has been authenticated in two or more languages and it appears that there is a lack of concordance which the signatory States and the contracting States agree should be corrected.

4.

The corrected text replaces the defective text ab initio, unless the signatory States and the contracting States otherwise decide.

5.

The correction of the text of a treaty that has been registered shall be notified to the Secretariat of the United Nations.

6.

Where an error is discovered in a certified copy of a treaty, the depositary shall execute a procès-verbal specifying the rectification and communicate a copy of it to the signatory States and to the contracting States.