Article 52: Declaration On The Prohibition Of Military, Political Or Economic Coercion In The Conclusion Of 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
The Declaration was introduced to "supplement" Article 52. It states the principle that not only military but also economic and political pressure, or the threat thereof, may not be used to coerce a State to conclude a treaty in violation of the sovereign equality of States and freedom of consent. The Declaration is itself a legally non-binding instrument. While Article 52 is declaratory of customary law, it is doubtful whether a binding (customary) rule prohibits political or economic coercion. This explains why the Declaration could not, as in Article 52, declare the pressure void, but only condemn it. The Declaration condemns, in particular, the threat or use of pressure, which is in violation of the principles of the sovereign equality of States and freedom of consent. Modest as the Declaration may appear, it saved the adoption of Article 52 and of the Convention.