The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.
DONE at Vienna, this twenty-third day of May, one thousand nine hundred and sixty-nine.
1.- The Secretary-General of the United Nations shall establish and maintain a list of conciliators composed of qualified jurists. To this end, every State that is a Member of the United Nations or a party to this Convention shall be invited to designate two conciliators; the names of the persons so designated shall constitute the list. The designation of conciliators, including those designated to fill a casual vacancy, shall be for a term of five years renewable. Upon expiration of the term for which they have been designated, the conciliators shall continue to perform the functions for which they have been chosen under the following paragraph.
2.- When a request has been submitted, pursuant to Article 66, to the Secretary-General, he shall submit the dispute to a conciliation commission constituted in the following manner:
The State or States constituting one of the parties to the dispute shall appoint:
- a)One conciliator, of the nationality of that State or of one of those States, whether or not chosen from the list mentioned in paragraph 1; and b) One conciliator not having the nationality of that State or of any of those States, chosen from the list.
The State or States constituting the other party to the dispute shall appoint two conciliators in the same manner. The four conciliators chosen by the parties shall be appointed within sixty days following the date on which the Secretary-General receives the request.
The four conciliators shall, within sixty days following the date on which the last of their appointments was made, appoint a fifth conciliator, chosen from the list, who shall be chairman.
If the appointment of the chairman or of any of the other conciliators has not been made within the period prescribed above for it, it shall be made by the Secretary-General within sixty days following the expiration of that period. The Secretary-General may appoint chairman one of the persons on the list or one of the members of the International Law Commission. Any of the periods within which appointments must be made may be extended by agreement of the parties to the dispute.
Any vacancy shall be filled in the manner prescribed for the initial appointment.
3.- The Conciliation Commission shall decide its own procedure. The Commission, with the consent of the parties to the dispute, may invite any party to the treaty to submit to it its views orally or in writing. Decisions and recommendations of the Commission shall be made by a majority vote of its five members.
4.- The Commission may draw the attention of the parties to the dispute to any measures which might facilitate an amicable settlement.
5.- The Commission shall hear the parties, examine the claims and objections, and make proposals to the parties with a view to reaching an amicable settlement of the dispute.
6.- The Commission shall present its report within twelve months following the date of its constitution. The report shall be deposited with the Secretary-General and transmitted to the parties to the dispute. The report of the Commission, including any conclusions indicated therein as to the facts and questions of law, shall not be binding upon the parties and shall have no other character than that of recommendations submitted to the parties for their consideration in order to facilitate an amicable settlement of the dispute.
7.- The Secretary-General shall provide the Commission with such assistance and facilities as it may require. The expenses of the Commission shall be borne by the United Nations.
RESERVATIONS AND DECLARATIONS MADE BY COUNTRIES AT THE TIME OF SIGNATURE OF THE VIENNA CONVENTION ON THE LAW OF TREATIES COSTA RICA 1.- In relation to Articles 11 and 12, the delegation of Costa Rica makes the reservation that the constitutional legal system of that country does not authorize any form of consent that is not subject to ratification by the Legislative Assembly.
2.- As to Article 25, it makes the reservation that the Political Constitution of said country likewise does not admit the provisional entry into force of treaties.
3.- As to Article 27, it interprets that it refers to secondary law, not to the provisions of the Political Constitution.
4.- In relation to Article 38, it interprets that a customary rule of general international law shall not prevail over any rule of the inter-American system, of which it considers this Convention supplementary." ---