Article 47: Specific Restrictions On Authority To Express The Consent Of A State
In: Commentary on the 1969 Vienna Convention on the Law of TreatiesSearch for other papers by M.E. Villiger in
Current site
Google Scholar
PubMed
Purchase instant access (PDF download and unlimited online access):
Abstract
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.