The State's will
a) With regard to the conclusion of treaties
In view of their tasks, the following persons are considered to be States' representatives:
- the Head of States,
- the Head of governments and
- the Ministers for foreign affairs.
As a rule, other persons are not allowed to express the consent of a State to be bound by a treaty, unless he or she can produce appropriate full powers which have been issued by the authority authorized to do so according to its domestic legislation (Article 7 (1)(c) and 2 (1)(c). However, it can appear from the practice of the States concerned by a given treaty or from other circumstances that their intention was to consider a particular person as representing his or her State and to dispense with full powers (Article 7 (1)(b)).
Free consent overrules any formality (production of full powers), a situation which is prone to confusion in today's world where one can witness multiple contacts between bureaucracies of all kind.
An act relating to the conclusion of a treaty performed by a person who cannot be considered as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State (Article 8).
b) With regard to the termination of treaties
Symmetrically to the conclusion of a treaty, a withdrawal, suspension or declaration of invalidity must be declared in a document signed
- either by a Head of State,
- a Head of government or
- a Minister of Foreign Affairs.
If the instrument is not signed by the Head of State, Head of Government or Minister for Foreign Affairs, the representative of the State communicating the termination may be called upon to produce full powers (Article 67 (2)).
There is no explicit rule in the Vienna Convention as to whether the termination of a treaty declared without appropriate full powers can be subsequently confirmed; however, there is no reason why Article 8 which foresees such a possibility in the case of conclusion could not be applied by analogy on the basis of the general principles of law recognized by civilized nations (cf. Article 38 (1)(c) of the Statute of the International Court of Justice).
