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1. The General Assembly of the United Nations, having considered chapter II of the report
of the International Law Commission on the work of its eighteenth session, which contained
final draft articles and commentaries on the law of treaties (A/6309/Rev. 1), decided,
by its resolution 2166 (XXI) of 5 December 1966, to convene an international conference
of plenipotentiaries to consider the law of treaties and to embody the results of
its work in an international convention and such other instruments as it might deem
appropriate. By the same resolution, the General Assembly requested the Secretary-General
to convoke the first session of the conference early in 1968 and the second session
early in 1969.
Subsequently, the General Assembly, noting that an invitation had been extended by
the Austrian Government to hold both sessions of the conference at Vienna, decided,
by resolution 2287 (XXII) of 6 December 1967, that the first session should be convened
at Vienna in March 1968. At its fifth meeting, held on 24 May 1968, at the conclusion
of the first session, the Conference adopted a resolution requesting the Secretary-General
to make all the necessary arrangements for the Conference to hold its second session
at Vienna from 9 April to 21 May 1969.
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2. The first session of the United Nations Conference on the Law of Treaties was held
at the Neue Hofburg, Vienna, from 26 March to 24 May 1968. The second session of the
Conference was also held at the Neue Hofburg, from 9 April tot 22 May 1969.
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3. One hundred and three States were represented at the first session of the Conference,
and one hundred and ten States at the second session, as follows: Afghanistan, Algeria,
Argentina, Australia, Austria, Barbados (second session only), Belgium, Bolivia, Brazil,
Bulgaria, Burma (second session only), Byelorussian Soviet Socialist Republic, Cambodia,
Cameroon (second session only), Canada, Central African Republic, Ceylon, Chile, China,
Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Costa Rica, Cuba, Cyprus,
Czechoslovakia, Dahomey, Denmark, Dominican Republic, Ecuador, El Salvador (second
session only), Ethiopia, Federal Republic of Germany, Finland, France, Gabon, Ghana,
Greece, Guatemala, Guinea (first session only), Guyana, Holy See, Honduras, Hungary,
Iceland (second session only), India, Indonesia, Iran, Iraq, Ireland, Israel, Italy,
Ivory Coast, Jamaica, Japan, Kenya, Kuwait, Lebanon, Lesotho (second session only),
Liberia, Libya (second session only), Liechtenstein, Luxembourg (second session only),
Madagascar, Malaysia, Mali (first session only), Malta (second session only), Mauritania
(first session only), Mauritius, Mexico, Monaco, Mongolia, Morocco, Nepal, Netherlands,
New Zealand, Nigeria, Norway, Pakistan, Panama (second session only), Peru, Philippines,
Poland, Portugal, Republic of Korea, Republic of Viet-Nam, Romania, San Marino, Saudi
Arabia, Senegal, Sierra Leone, Singapore, Somalia (first session only), South Africa,
Spain, Sudan (second session only), Sweden, Switzerland, Syria, Thailand, Trinidad
and Tobago, Tunisia, Turkey, Uganda (second session only), Ukrainian Soviet Socialist
Republic, Union of Soviet Socialist Republics, United Arab Republic, United Kingdom
of Great Britain and Northern Ireland, United Republic of Tanzania, United States
of America, Uruguay, Venezuela, Yemen (first session only), Yugoslavia and Zambia.
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4. The General Assembly invited the specialized agencies and interested intergovernmental
organizations to send observers to the Conference. The following specialized agencies
and interested intergovernmental organizations accepted this invitation:
Specialized and related agencies
International Labour Organisation
Food and Agriculture Organization of the United Nations
United Nations Educational, Scientific and Cultural Organization
International Civil Aviation Organization
International Bank for Reconstruction and Development and International Development
Association
International Monetary Fund
World Health Organization
Universal Postal Union
Inter-Governmental Maritime Consultative Organization
International Atomic Energy Agency
Intergovernmental organizations
Asian-African Legal Consultative Committee
United International Bureaux for the Protection of Intellectual Property
Council of Europe
General Agreement on Tariffs and Trade
League of Arab States
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5. The Conference elected Mr. Roberto Ago (Italy) as President.
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6. The Conference elected as Vice-Presidents the representatives of the following States:
Afghanistan, Algeria, Austria, Chile, China, Ethiopia, Finland, France, Guatemala
(for 1969), Guinea, Hungary, India, Mexico, Peru, Philippines, Romania, Sierra Leone,
Spain (for 1968), Union of Soviet Socialist Republics, United Arab Republic, United
Kingdom of Great Britain and Northern Ireland, United States of America, Venezuela
and Yugoslavia.
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7. The following committees were set up by the Conference:
General Committee
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Chairmain:
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The President of the Conference
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Members:
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The President and Vice-Presidents of the Conference, the Chairman of the Committee
of the Whole and the Chairman of the Drafting Committee.
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Committee of the Whole
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Chairman:
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Mr. Taslim Olawale Elias (Nigeria)
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Vice-Chairman:
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Mr. Josef Šmejkal (Czechoslovakia)
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Rapporteur:
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Mr. Eduardo Jiménez de Aréchaga (Uruguay)
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Drafting Committee
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Chairman:
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Mr. Mustafa Kamil Yasseen (Iraq)
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Members:
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Argentina, China, Congo (Brazzaville), France, Ghana, Japan, Kenya, Netherlands, Poland,
Sweden, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern
Ireland, United States of America and, ex-officio in accordance with rule 48 of the Rules of Procedure, Mr. Eduardo Jiménez de Aréchaga
(Uruguay), Rapporteur of the Committee of the Whole.
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Credentials Committee
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Chairman:
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Mr. Eduardo Suárez (Mexico)
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Members:
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Ceylon, Dominican Republic, Japan, Madagascar, Mali (first session), Mexico, Switzerland,
Union of Soviet Socialist Republics, United Republic of Tanzania (second session)
and United States of America.
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8. Sir Humphrey Waldock, Special Rapporteur of the International Law Commission on the
law of treaties, acted as Expert Consultant.
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9. The Secretary-General of the United Nations was represented by Mr. C. A. Stavropoulos,
Under-Secretary-General, The Legal Counsel. Mr. A. P. Movchan, Director of the Codification
Division of the Office of Legal Affairs of the United Nations, acted as Executive
Secretary.
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10. The General Assembly, by its resolution 2166 (XXI) convening the Conference, referred
to the Conference, as the basis for its consideration of the law of treaties, chapter
II of the report of the International Law Commission on the work of its eighteenth
session, containing the text of the final draft articles and commentaries on the law
of treaties adopted by the Commission at that session (A/6309/ Rev. 1).
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11. The Conference also had before it the following documentation:
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(a) the relevant records of the General Assembly and of the International Law Commission
relating to the law of treaties;
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(b) comments and amendments relating to the final draft articles on the law of treaties
submitted by Governments in 1968 in advance of the Conference in accordance with General
Assembly resolution 2287 (XXII) (A/CONF. 39/6 and Add. 1-2);
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(c) written statements submitted by specialized agencies and intergovernmental bodies
invited to send observers to the Conference (A/CONF. 39/7 and Add. 1-2 and Add. 1/
Corr. 1);
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(d) a selected bibliography on the law of treaties (A/CONF. 39/4), an analytical compilation
of comments and observations made in 1966 and 1967 on the final draft articles on
the law of treaties (A/CONF. 39/5, Vols. I and II), standard final clauses (A/CONF.
39/L. 1), a guide to the draft articles on the law of treaties (A/C.6/376) and other
pertinent documentation prepared by the Secretariat of the United Nations.
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12. The Conference assigned to the Committee of the Whole the consideration of the final
draft articles on the law of treaties adopted by the International Law Commission
and the preparation of the final provisions and of any other instruments it might
consider necessary. The Drafting Committee, in addition to its responsibilities for
drafting, and for co-ordinating and reviewing all the texts adopted, was entrusted
by the Conference with the preparation of the preamble and the Final Act.
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13. On the basis of the deliberations recorded in the records of the Conference (A/CONF.
39/SR. 1 to SR. 36) and the records (A/CONF. 39/C. 1/SR. 1 to SR. 105) and reports
(A/CONF. 39/ 14, Vols. I and II and A/CONF. 39/15 and Corr. 1 (Spanish only) and Corr.
2) of the Committee of the Whole, the Conference drew up the following Convention: