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Subsequent Confirmation Of An Act Performed Without Authorisation

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Chapter Summary

Article 8 of the Law of Treaties, discussed at the 1969 Vienna Convention, concerns an act relating to the conclusion of a treaty as in Articles 9-17 (q.v.). Article 8 is not limited to cases where States become parties to a treaty by signature since where ratification, acceptance or approval are still required, the State will have to confirm the act. Where there is no authority to enter into a treaty, the act is not attributable to the State and does not reflect its consent. In this situation, Article 8 does not provide for dispute settlement, as in Articles 65-68 (q.v.) for disputes arising within Part V of the Convention. Article 8 concerns the negative situation where authorisation is lacking.

Keywords: 1969 Vienna Convention; conclusion of a treaty; international treaty law; lack of authorisation; Law of Treaties

10.1163/ej.9789004168046.i-1058.73
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