VIENNA CONVENTIONS

Overview

Despite the enactment of domestic laws for the protection of

civil, political, socio-economic and other related rights, these set of
rights still remain threatened in industrialized nations as well as
third world countries. Thus, through the gathering of international
community of states which include sovereign nations and
international organizations, a vital and commonly accepted
international laws and treaties for the protection and preservation of
the fundamental and other associated rights were established and
enforced.

Treaty, as one of the legal forces which protects the aforecited

fundamental and associated rights, can be referred to by a number
of different names: international conventions, international
agreements, covenants, final acts, charters, protocols, pacts,
accords, and constitutions for international organizations.

As a form of treaty, “international convention” is defined as an

agreement covering particular matters of common interest entered
into between or among countries during the international gathering
of community of states which meet at an arranged place and time.1

One of the well-known international conventions is the so-called

Vienna Convention which covers any of a number of treaties signed
in Vienna, Austria, which include, but not limited to:

1
Black’s Law Dictionary.

1
 I. The Vienna Convention on Diplomatic Relations of 19612

It is an international treaty which was signed on April 18, 1961

and took effect on April 24, 1964. This convention serves as the
legal basis for diplomatic immunity3 since its primordial purpose is
to give diplomats special privilege to enable them to perform their
functions without fear of coercion or harassment.The treaty contains
53 articles including the principle of persona non grata, right against
arrest, search and detention, to wit:

Article 9. The host nation at any time and for any

reason can declare a particular member of the
diplomatic staff to be persona non grata. The sending
state must recall this person within a reasonable period
of time, or otherwise this person may lose their
diplomatic immunity.

Article 22. The premises of a diplomatic mission,

such as an embassy, are inviolable and must not be
entered by the host country except by permission of
the head of the mission. Furthermore, the host country
must protect the mission from intrusion or damage.
The host country must never search the premises, nor
seize its documents or property.

Article 29. Diplomats must not be liable to any

form of arrest or detention. They are immune from civil
or criminal prosecution, though the sending country
may waive this right under Article 32.

2
Lecture Series of the United Nations Audiovisual Library of International Law.
3
It is a form of legal immunity that ensures diplomats are given safe passage and are considered not
susceptible to lawsuitor prosecution under the host country's laws, but they can still be expelled.

2
 Article 34. Speaks about tax exemption of
diplomatic agents while Article 36 establishes that
diplomatic agents are exempted from custom duties.

As of October 2018, there are 192 state parties to the

convention including all UN member states except Palau, the
Solomon Island and South Sudan.

Optional Protocol to the Vienna Convention on Diplomatic

Relations, concerning Acquisition of Nationality

This protocol took effect on April 18, 1961 on Vienna, Austria.

The significant provision of this protocol provides that the heads of
the mission, including their staffs and families, shall not acquire the
nationality of the receiving country.

Optional Protocol to the Vienna Convention on Diplomatic

Relations, concerning the Compulsory Settlement of Disputes

It took effect on April 24, 1963 at Vienna, Austria. This protocol

mandated that all disputes arising out of the interpretation or
application of the convention shall be within the compulsory
jurisdiction of the International Court of Justice (ICJ), unless some
other form of settlement has been agreed upon by the parties
within a reasonable period.4

The Vienna Convention on Consular Relations of 1963

It is an international treaty which was adopted on April 24,

1963 at Vienna, Austria and took effect on March 19, 1967.

It defines the functions of a consular official which include; (1)

protecting in the host country the interests of their countrymen, and
4
United Nations Treaty Series vol. 596 , pg. 487. ,

3
(2) furthering the commercial and economic relations between the
two states.

This convention is the legal basis for consular immunity which

holds that consular officers and employees have functional
immunity (i.e., immunity from the jurisdiction of the receiving state
in respect of acts performed in exercise of consular function).5

Consular immunity offers protections similar to diplomatic

immunity, but these protections are not as extensive, given the
functional differences between consular and diplomatic officers.
Hence, consular officials do not enjoy the broader personal
immunity accorded to diplomats (i.e., consular officers are not
accorded absolute immunity from a host country’s criminal
jurisdiction, they may be tried for certain local crimes upon action
by a local court, and are immune from local jurisdiction only in
cases directly relating to consular functions.

Optional Protocol to the Vienna Convention on Consular

Relations concerning Acquisition of Nationality

It took effect on April 24, 1963. Under this protocol, members of

the consular post not being nationals of the receiving State, and
members of their families forming part of their households, shall
not, solely by the operation of the law of the receiving State,
acquire the nationality of that State.

II. The Vienna Convention on the Law of Treaties

It is a treaty adopted on May 23, 1969 and took effect on

January 27, 1980 concerning the international law on treaties
between states.
5
Boleslaw Adam Boczek, International Law, a Dictionary pg. 41-42.

4
 It is widely recognized as the authoritative guide regarding the
formation and effects of treaties. The convention codifies several
bedrocks of contemporary international law. It defines a treaty as
"an international agreement concluded between states in written
form and governed by international law", as well as affirming that
"every state possesses the capacity to conclude treaties". Article 1
restricts the application of the Convention to written treaties
between States, excluding treaties concluded between the states
and international organizations or international organizations
themselves6. Article 26 defines pacta sunt servanda7 (treaties must
be complied with in good faith), Article 53 proclaims peremptory
norm8 (a fundamental principle of international law that is accepted
by the international community of states as a norm from which
no derogation is permitted), and Article 62 proclaims Fundamental
Change of Circumstance9.

III. The Vienna Convention on the Law of Treaties between

States and International Organizations or Between
International Organizations 

It is a treaty which was opened for signature on March 21, 1986.

It is an extension of the Vienna Convention on the Law of
Treaties which deals with treaties between States. It governs
agreement between between states and international organizations,
or between international organizations themselves.

Article 85 of the Convention provides that it enters into force

after the ratification by 35 states including international
organizations but the latter’s ratification does not count towards the
number required for entry into force.

6
Article 1, The Vienna Convention on the Law of Treaties.
7
Article 26, Id.
8
Article 53, Id.
9
Article 62, Id.

5
 As of October 2017, the treaty has been ratified by 32 states
and 12 international organizations. As a result, the Convention is
not yet in force.

IV. The Vienna Convention for the Protection of the Ozone

Layer

It is a multilateral environmental agreement, signed in 1985

and took effect on September 22, 1988, which provides framework
for international reductions in the production of chlorofluorocarbons
due to their contribution to the destruction of the ozone layer and
resulting increase in the threat of skin cancer.10

The treaty's provisions include the international sharing of

climate and atmospheric research to promote knowledge of the
effects on the ozone layer.11 In addition, the treaty calls for the
adoption of international agencies to assess the harmful effects of
depleted ozone and the promotion of policies that regulate the
production of harmful substances that influence the ozone layer.

Montreal Protocol

Two years after the the adoption of the Vienna Convention for
the Protection of Ozone Layer, the Montreal Protocol on Substances
that Deplete the Ozone Layer was agreed upon, in an effort to apply
limits to the production and consumption of the main chemicals that
were causing the destruction of the Earth's protective ozone layer. 

The Montreal Protocol has proven to be innovative and

successful, and is the first treaty to achieve universal ratification by
all countries in the world. Leveraging worldwide participation, the
Montreal Protocol has sent clear signals to the global market and
placed the ozone layer, which was in peril, on a path to repair. Full

10
European Commission Research on the Fluxes and Effects of Environmental UVB Radiation.
11
United Nations Treaty Series.

6
implementation of the Montreal Protocol is expected to result in
avoidance of more than 280 million cases of skin cancer,
approximately 1.6 million skin cancer deaths, and more than 45
million cases of cataracts in the United States alone by the end of
the century, with even greater benefits worldwide.

VI. The United Nations Convention Against Illicit Traffic in

Narcotic Drugs and Psychotropic Substances of 1988

The rising size of the illicit drug trade which makes the
international drug trafficking a multibillion-dollar business triggers
the creation of this convention. As such, this Convention provides
comprehensive measures against drug trafficking, including
provisions against money laundering and the diversion of precursor
chemicals. It provides for international cooperation through, for
example, extradition of drug traffickers, controlled deliveries and
transfer of proceedings.

It is one of the major drug control treaties together with, and

provides additional mechanisms for enforcing, the 1961 Single
Convention on Narcotic Drugs and 1971 Convention on Psychotropic
Substance. It was enforced on November 11, 1990 with 185 out of
193 United Nations member states as signatories.12

VII. Vienna Monetary Treaty

The Vienna Monetary Treaty, also coined as the Vienna Coinage

Treaty, of 1857 was a treaty that set a currency standard for use
across the German Zollverein states, Austria, and Liechtenstein
because of the at that time, there were three competing monetary
systems in the said states.

12
Primer on the United Nations Drug Control Prevention.

7
 The official name of the treaty was Monetary Treaty Between the
German States of 24 January 1857.

VIII. The Convention on Road Traffic, commonly known as

the Vienna Convention on Road Traffic

It is an international treaty designed to facilitate international

road traffic and to increase road safety by establishing standard
traffic rules among the contracting parties. The convention was
agreed upon at the United Nations Economic and Social Council's
Conference on Road Traffic (October 7, 1968 – November 8, 1968)
and concluded in Vienna on November 8, 1968. It came into force
on May 21, 1977. The convention has been ratified by 78 countries,
but those who have not ratified the convention may still be parties
to the 1949 Convention on Road Traffic. This conference also
produced the Convention on Road Signs and Signals.

IX. The Convention on Road Signs and Signals

It is a multilateral treaty designed to increase road safety and

aid international road traffic by standardizing the signing system for
road traffic (road signs, traffic lights and road markings) in use
internationally.

As one of its salient features, the Convention specifies the colors

for traffic lights and their meanings, and places and purposes lights
may be used for (ex. Green light means proceed, Red light means
stop, Amber means proceed if possible).

X. The Vienna Convention on Civil Liability for Nuclear

Damage

8
 It is a 1963 treaty which was concluded at Vienna on May 21,
1963 and entered into force on November 12, 1977. It governs
issues of liability in cases of nuclear accident. The legal regime
provided for in the Convention is based on the following general
principles:

1. exclusive liability of the operator of the nuclear

installation concerned;
2. "absolute" or "strict" liability, so that the injured
party is not required to prove fault or negligence on the
part of the operator;
3. obligation for the operator to cover liability
through insurance or other financial security;
4. equal treatment of victims, irrespective of
nationality, domicile or residence, provided that
damage is suffered within the geographical scope of the
Convention;
5. exclusive jurisdictional competence of the courts
of the Contracting Party in whose territory the incident
occurs or, in case of an incident outside the territories
of Contracting Parties (in the course of transport of
nuclear material), of the Contracting Party in whose
territory the liable operator’s installation is situated);
6. recognition and enforcement of final judgments
rendered by the competent court in all Contracting
Parties.

As of February 2014, the convention has been ratified by 40

states.

Joint Protocol Relating to the Application of the Vienna

Convention and the Paris Convention

9
 The international legal regime of civil liability for nuclear
damage, as laid down in the Vienna Convention on Civil Liability for
Nuclear Damage is largely mirrored in the Paris Convention on Third
Party Liability in the Field of Nuclear Energy. However, the
Contracting Parties to the Paris Convention are not Parties to the
Vienna Convention and vice versa. The absence of treaty relations
between the Contracting Parties to the two Conventions creates
problems relating, in particular, to the geographical scope of the
regime, inasmuch as damage suffered in the territory of non-
Contracting States does not necessarily have to be compensated
under both Conventions.

Additional problems relate to the determination of the operator

liable and of the State whose courts have jurisdiction in transport
cases, since both Conventions differentiate between transport
between Contracting Parties, on the one hand, and transport
between a Contracting Party and a non-Contracting State, on the
other.

The Joint Protocol is designed to establish treaty relations

between the Contracting Parties to the Vienna Convention and the
Contracting Parties to the Paris Convention, and to eliminate
conflicts that may arise from the simultaneous application of both
Conventions to the same nuclear incident. Accordingly, the Joint
Protocol is only open to States that are Parties to the Vienna
Convention or to the Paris Convention, both Conventions being
defined so as to include any amendment thereto.13

XI. The Convention on Supplementary Compensation

It aims at establishing a minimum national compensation

amount and at further increasing the amount of compensation
through public funds to be made available by the Contracting
13
International Atomic Energy Agency.

10
Parties should the national amount be insufficient to compensate
the damage caused by a nuclear incident. The Convention is open
not only to States that are party to either the Vienna Convention on
Civil Liability for Nuclear Damage or the Paris Convention on Third
Party Liability in the Field of Nuclear Energy, but also to other
States provided that their national legislation is consistent with
uniform rules on civil liability laid down in the Annex to the
Convention.

XII. The Vienna Convention on Succession of States in

Respect of Treaties

It is an international treaty which sets rules on succession of

states. It opened for signature in 1978 and was adopted partly in
response to the profound transformation of the international
community brought about by the decolonization process. It entered
into force on 6 November 1996.14

XIII. The United Nations Convention on Contracts for the

International Sale of Goods

It is a treaty that is a uniform international sales law. It is

intended to apply to commercial goods and products only. With
some limited exceptions, it does not apply to personal, family, or
household goods, nor does it apply to auctions, ships, aircraft or
intangibles and services.

It has been ratified by 89 states that account for a significant

proportion of world trade, making it one of the most successful
international uniform laws.

XIV. The Convention on the Issue of Multilingual Extracts

14
United Nations Treaty Series.

11
 from Civil Status Records

It is a multilateral convention, drafted by the International

Commission on Civil Status, which defines a uniform format for
extracts on civil status; birth, marriage, death.15 

The convention was signed in Vienna on September 8, 1976 by

12 European states, and entered into force July 30, 1983 upon the
ratification of the 5th state. As October 17, 2015, the convention is
in force in 23 European countries and Cape Verde; the convention is
open for accession to any state.

XV. The Joint Comprehensive Plan of Action

Also known commonly as the Iran nuclear deal or Iran deal, it is

an agreement on the nuclear program of Iran reached in Vienna on
July 15 2015 between Iran, the P5+1 (the five permanent members
of the United Nations Security Council—
China, France, Russia, United Kingdom, United States—
plus Germany),and the European Union.

Under the agreement, Iran agreed to eliminate its stockpile of

medium-enriched uranium, cut its stockpile of low-enriched uranium
by 98%, and reduce by about two-thirds the number of its gas
centrifuges for 13 years. For the next 15 years, Iran will only enrich
uranium up to 3.67%. Iran also agreed not to build any new heavy-
water facilities for the same period of time. Uranium-enrichment
activities will be limited to a single facility using first-generation
centrifuges for 10 years. Other facilities will be converted to
avoid proliferation risks. 

15
International Commission on Civil Status.

12
13