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16. U.S. diplomatic note to the Ministry of Foreign Affairs of Peru concerning Peru's consent to be bound by the Multilateral Agreement on the Liberalization of International Air Transportation (December 22, 2003)


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DEPARTMENT OF STATE WASHINGTON
December 22, 2003

Excellency:
I have the honor to refer to your Note TRA-6-3/339, dated September 23, 2003, regarding the Multilateral Agreement on the Liberalization of International Air Transportation, signed at Washington on May 1, 2001 ("the Agreement"), which invokes Article 46 of the Vienna Convention on the Law of Treaties ("the Vienna Convention") asserting that the consent of Peru to be bound by the Agreement was executed in violation of the internal law of Peru and is consequently invalid.
The Government of the United States has carefully considered the position taken in the referenced note that Article 46 of the Vienna Convention allows Peru, pursuant to Article 65, paragraph 1 of the Vienna Convention, to declare null its consent to be bound by the Agreement. The Government

Allan Wagner Tizon,
Minister of Foreign Affairs
of the Republic of Peru.

DIPLOMATIC NOTE

of the United States is unable to accept that the facts recited in the note provide a basis under Article 46 of the Vienna Convention for the Government of Peru to declare that its consent to be bound by the Agreement is null. Accordingly, the United States objects to the measure which Peru has proposed.
The Government of the United States is concerned that if other countries were to take a position similar to that taken by Peru in this case, the stability of treaties, which rests upon the pacta sunt servanda principle, could be seriously undermined.
Because this note addresses the status of the Agreement, a copy will be forwarded to the Government of New Zealand in its role as the depositary of the Agreement.
Accept, Excellency, the assurances of my highest consideration.

For the Secretary of State:



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