Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Article 47: Specific Restrictions On Authority To Express The Consent Of A State

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Article 47 envisages a situation where, the authority of a representative to express the consent of a State to be bound by a particular treaty has been made subject to a specific restriction. Where a State representative, when expressing the consent of a State to be bound by a treaty, ostensibly has full powers but fails to observe restrictions imposed by that State, a conflict of interests arises: the other State wishes bona fide to implement the treaty, whereas the representative's State is confronted with a treaty which, it did not wish to conclude. Article 47 relates to a situation where the representative has not been furnished with the necessary authority. Invalidity may not be invoked where notification takes place after consent to be bound has been expressed. Modern technology allows for rapid communication between States, enabling them to confirm the full powers of each other's representatives almost instantaneously.

Keywords: Article 47; authority; consent; representative; restrictions; State; treaty

10.1163/ej.9789004168046.i-1058.295
/content/books/b9789004180796_053
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Commentary on the 1969 Vienna Convention on the Law of Treaties — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation