Article 40: Amendment Of Multilateral Treaties
In: Commentary on the 1969 Vienna Convention on the Law of TreatiesSearch for other papers by M.E. Villiger in
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Abstract
Article 40 concerns the amendment of multilateral treaties. Any proposal to amend a multilateral treaty as between all the parties must be notified to all the contracting States, each one of which shall have the right to take part in the decision as to the action to be taken in regard to such proposal and the negotiation and conclusion of any agreement for the amendment of the treaty. After adoption of the amendment, every State entitled to become a party to the treaty shall also be entitled to become a party to the treaty as amended. There will be two categories of States: (i) the States parties to the original agreement; and (ii) those States which have become a party to the amending agreement. Article 40 serves as a counterbalance to the dynamics of Article 39, which provides for the amendment of treaties at any time.