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

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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



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