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Consent To Be Bound By A Treaty Expressed By An Exchange Of Instruments Constituting A Treaty

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Chapter Summary

Article 13 of the Law of Treaties, discussed at the 1969 Vienna Convention provides that the consent of States to be bound by a treaty may be constituted by instruments exchanged between them. Article 13 is not a residual rule. Notes sent in the normal course of diplomatic relations and notes in reply do not constitute treaties except as provided for in Article 13. Instruments in the context of Article 13 are usually employed between two parties. Article 13 confirms the practice of States to consent to be bound by a treaty constituted by instruments exchanged for that purpose between them. Together with Article 11 (q.v.), Article 13 has allowed simplified treaties to enter through the back door.

Keywords: 1969 Vienna Convention; instruments; international treaty law; Law of Treaties; practice of States

10.1163/ej.9789004168046.i-1058.100
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