Article 38
Notifications
1. Any notification under articles 31, 32 or 36 shall be made in writing.
2. If the notification is not signed by the Head of State, Head of Government or Minister for Foreign Affairs, the representative of the State communicating it may be called upon to produce full powers.
3. Unless the treaty otherwise provides, the notification shall:
(a) be transmitted by the successor State to the depositary, or, if there is no depositary, to the parties or the contracting States;
(b) be considered to be made by the successor State on the date on which it is received by the depositary or, if there is no depositary, on the date on which it is received by all the parties or, as the case may be, by all the contracting States.
4. Paragraph 3 does not affect any duty that the depositary may have, in accordance with the treaty or otherwise, to inform the parties or the contracting States of the notification or any communication made in connection therewith by the successor State.
5. Subject to the provisions of the treaty, such notification or communication shall be considered as received by the State for which it is intended only when the latter State has been informed by the depositary.
PART V
MISCELLANEOUS P ROVISIONS
Article 39
Cases of State responsibility and outbreak of hostilities
The provisions of the present Convention shall not prejudge any question that may arise in regard to the effects of a succession of States in respect of a treaty from the international responsibility of a State or from the outbreak of hostilities between States.
Article 40
Cases of military occupation
The provisions of the present Convention shall not prejudge any question that may arise in regard to a treaty from the military occupation of a territory.
