Debates Parlamentares - Diário 043, p. 265 (2020-12-11)

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b) it must by reason of its conduct be considered as having acquiesced in the

validity of the treaty or in its maintenance in force or in operation, as the

case maybe.

2. An intemational organization may no longer invoke a ground for invalidating,

terminating, withdrawing from or suspending the operation of a treaty under articles

46 to 50 or articles 60 and 62 if, after becoming aware of the facts:

a) it shall have expressly agreed that the treaty is valid or remains in force or

continues in operation, as the case may be; or

b) it must by reasou of the conduct of the competent organ be considered as

having renounced the right to invoke that ground.

SECTION 2. INV ALIDITY OF TREATIES

Article 46

Provisions of internai law of a State and rufes of an international organization

regarding competence to conclude treaties

1. A State may not invoke the fact that its consent to be bound by a treaty has been

expressed in violation of a provision of its internai law regarding competence to

conclude treaties as invalidating its consent unless that violation was manifest and

concemed a rule of its intemal law of fundamental importance.

2. An intemational organization may not invoke the fact that its consent to be bound by

a treaty has been expressed in violation of the rules of the organization regarding

competence to conclude treaties as invalidating its consent unless that violation was

manifest and concemed a rule of fundamental importance.

3. A violation is manifest if it would be objectively evident to any State or any

intemational organization conducting itself in the matter in accordance with the

normal practice of States and, where appropriate, of intemational organizations and

in good faith.

Article 47

Specific restrictions on authority to express the consent of a State or an international

organization

If the authority of a representative to express the consent of a State or of an intemational

organization to be bound by a particular treaty has been made subject to a specific

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265

b) it must by reason of its conduct be considered as having acquiesced in thevalidity of the treaty or in its maintenance in force or in operation, as thecase maybe.2. An intemational organization may no longer invoke a ground for invalidating,terminating, withdrawing from or suspending the operation of a treaty under articles46 to 50 or articles 60 and 62 if, after becoming aware of the facts:a) it shall have expressly agreed that the treaty is valid or remains in force orcontinues in operation, as the case may be; orb) it must by reasou of the conduct of the competent organ be considered ashaving renounced the right to invoke that ground.SECTION 2. INV ALIDITY OF TREATIES Article 46 Provisions of internai law of a State and rufes of an international organization regarding competence to conclude treaties 1. A State may not invoke the fact that its consent to be bound by a treaty has beenexpressed in violation of a provision of its internai law regarding competence toconclude treaties as invalidating its consent unless that violation was manifest andconcemed a rule of its intemal law of fundamental importance.2. An intemational organization may not invoke the fact that its consent to be bound bya treaty has been expressed in violation of the rules of the organization regardingcompetence to conclude treaties as invalidating its consent unless that violation wasmanifest and concemed a rule of fundamental importance.3. A violation is manifest if it would be objectively evident to any State or anyintemational organization conducting itself in the matter in accordance with thenormal practice of States and, where appropriate, of intemational organizations andin good faith.Article 47 Specific restrictions on authority to express the consent of a State or an international organization If the authority of a representative to express the consent of a State or of an intemational organization to be bound by a particular treaty has been made subject to a specific 11 DE DEZEMBRO DE 2020 ______________________________________________________________________________________________________265

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