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Vienna Convention On The Law of Treaties 1969

The documents discuss provisions around terminating or suspending treaties according to the Vienna Convention on the Law of Treaties. Key points include: - Treaties without termination provisions can only be denounced or withdrawn from if the parties intended to allow it or if implied by the treaty's nature, with at least 12 months notice. - Operation of a treaty can be suspended if provisions allow it or if all parties consent. - Some parties can temporarily suspend provisions between themselves if allowed by the treaty or not prohibited and it does not affect other parties' rights or contradict the treaty's object. - A later treaty on the same subject can terminate or suspend an earlier treaty if the parties intended or the treaties

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0% found this document useful (0 votes)
326 views5 pages

Vienna Convention On The Law of Treaties 1969

The documents discuss provisions around terminating or suspending treaties according to the Vienna Convention on the Law of Treaties. Key points include: - Treaties without termination provisions can only be denounced or withdrawn from if the parties intended to allow it or if implied by the treaty's nature, with at least 12 months notice. - Operation of a treaty can be suspended if provisions allow it or if all parties consent. - Some parties can temporarily suspend provisions between themselves if allowed by the treaty or not prohibited and it does not affect other parties' rights or contradict the treaty's object. - A later treaty on the same subject can terminate or suspend an earlier treaty if the parties intended or the treaties

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Arman Hbib
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Vienna Convention on the Law of Treaties 1969

Article 56
Denunciation of or withdrawal from a treaty containing no provision regarding
termination, denunciation or withdrawal
1. A treaty which contains no provision regarding its termination and which does not provide
for denunciation or withdrawal is not subject to denunciation or withdrawal unless:
(a) it is established that the parties intended to admit the possibility of denunciation or
withdrawal; or
(b) a right of denunciation or withdrawal may be implied by the nature of the treaty.
2. A party shall give not less than twelve months’ notice of its intention to denounce or
withdraw from a treaty under paragraph 1.

Vienna Convention on the Law of Treaties between States and International


Organizations or between International Organizations 1986

Article 56
Denunciation of or withdrawal from a treaty containing no provision regarding
termination, Denunciation or withdrawal.
1. A treaty which contains no provision regarding its termination and which does not provide
for denunciation or withdrawal is not subject to denunciation or withdrawal unless:
(a) it is established that the parties intended to admit the possibility of denunciation or
withdrawal; or
(b) a right of denunciation or withdrawal may be implied by the nature of the treaty.
2. A party shall give not less than twelve months’ notice of its intention to denounce or
withdraw from a treaty under paragraph 1.

Vienna Convention on the Law of Treaties 1969

Article 57
Suspension of the operation of a treaty under its provisions or by consent of the parties
The operation of a treaty in regard to all the parties or to a particular party may be suspended:
(a) in conformity with the provisions of the treaty; or
(b) at any time by consent of all the parties after consultation with the other contracting
States.

1
Vienna Convention on the Law of Treaties between States and International
Organizations or between International Organizations 1986

Article 57
Suspension of the operation of a treaty under its provisions or by consent of the parties
The operation of a treaty in regard to all the parties or to a particular party may be suspended:
(a) in conformity with the provisions of the treaty; or
(b) at any time by consent of all the parties after consultation with the contracting States and
contracting organizations.

Vienna Convention on the Law of Treaties 1969

Article 58
Suspension of the operation of a multilateral treaty by agreement between certain of the
parties only
1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the
operation of provisions of the treaty, temporarily and as between themselves alone, if:
(a) the possibility of such a suspension is provided for by the treaty; or
(b) the suspension in question is not prohibited by the treaty and:
(i) does not affect the enjoyment by the other parties of their rights under the treaty or the
performance of their obligations;
(ii) is not incompatible with the object and purpose of the treaty.
2. Unless in a case falling under paragraph 1 (a) the treaty otherwise provides, the parties in
question shall notify the other parties of their intention to conclude the agreement and of
those provisions of the treaty the operation of which they intend to suspend.

Vienna Convention on the Law of Treaties between States and International


Organizations or between International Organizations 1986

Article 58
Suspension of the operation of a multilateral treaty by agreement between certain of the
parties only
1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the
operation of provisions of the treaty, temporarily and as between themselves alone, if:
(a) the possibility of such a suspension is provided for by the treaty; or
(b) the suspension in question is not prohibited by the treaty and:
(i) does not affect the enjoyment by the other parties of their rights under the treaty or the

2
performance of their obligations;
(ii) is not incompatible with the object and purpose of the treaty.
2.Unless in a case falling under paragraph 1 (a) the treaty otherwise provides, the parties in
question shall notify the other parties of their intention to conclude the agreement and of
those provisions of the treaty the operation of which they intend to suspend.

Vienna Convention on the Law of Treaties 1969

Article 59
Termination or suspension of the operation of a treaty implied by conclusion of a later
treaty
1. A treaty shall be considered as terminated if all the parties to it conclude a later treaty
relating to the same subject matter and:
(a) it appears from the later treaty or is otherwise established that the parties intended that the
matter should be governed by that treaty; or
(b) the provisions of the later treaty are so far incompatible with those of the earlier one that
the two treaties are not capable of being applied at the same time.
2. The earlier treaty shall be considered as only suspended in operation if it appears from the
later treaty or is otherwise established that such was the intention of the parties.

Vienna Convention on the Law of Treaties between States and International


Organizations or between International Organizations 1986

Article 59
Termination or suspension of the operation of a treaty implied by conclusion of a later
treaty
1. A treaty shall be considered as terminated if all the parties to it conclude a later treaty
relating to the same subject matter and:
(a) it appears from the later treaty or is otherwise established that the parties intended that the
matter should be governed by that treaty; or
(b) the provisions of the later treaty are so far incompatible with those of the earlier one that
the two treaties are not capable of being applied at the same time.
2. The earlier treaty shall be considered as only suspended in operation if it appears from the
later treaty or is otherwise established that such was the intention of the parties.

3
Vienna Convention on the Law of Treaties 1969

Article 60
Termination or suspension of the operation of a treaty as a consequence of its breach
1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the
breach as a ground for terminating the treaty or suspending its operation in whole or in part.
2. A material breach of a multilateral treaty by one of the parties entitles:
(a) the other parties by unanimous agreement to suspend the operation of the treaty in whole
or in part or to terminate it either:
(i) in the relations between themselves and the defaulting State; or
(ii) as between all the parties;
(b) a party specially affected by the breach to invoke it as a ground for suspending the
operation of the treaty in whole or in part in the relations between itself and the defaulting
State;
(c) any party other than the defaulting State to invoke the breach as a ground for suspending
the operation of the treaty in whole or in part with respect to itself if the treaty is of such a
character that a material breach of its provisions by one party radically changes the position
of every party with respect to the further performance of its obligations under the treaty.
3. A material breach of a treaty, for the purposes of this article, consists in:
(a) a repudiation of the treaty not sanctioned by the present Convention; or
(b) the violation of a provision essential to the accomplishment of the object or purpose of the
treaty.
4. The foregoing paragraphs are without prejudice to any provision in the treaty applicable in
the event of a breach.
5. Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person
contained in treaties of a humanitarian character, in particular to provisions prohibiting any
form of reprisals against persons protected by such treaties.

Vienna Convention on the Law of Treaties between States and International


Organizations or between International Organizations 1986

Article 60
Termination or suspension of the operation of a treaty as a consequence of its breach
1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the
breach as a ground for terminating the treaty or suspending its operation in whole or in part.
2. A material breach of a multilateral treaty by one of the parties entitles:

4
(a) the other parties by unanimous agreement to suspend the operation of the treaty in whole
or in part or to terminate it either:
(i) in the relations between themselves and the defaulting State or international organization;
Or (ii) as between all the parties;
(b) a party specially affected by the breach to invoke it as a ground for suspending the
operation of the treaty in whole or in part in the relations between itself and the defaulting
State or international organization;
(c) any party other than the defaulting State or international organization to invoke the breach
as a ground for suspending the operation of the treaty in whole or in part with respect to itself
if the treaty is of such a character that a material breach of its provisions by one party
radically changes the position of every party with respect to the further performance of its
obligations under the treaty.
3. A material breach of a treaty, for the purposes of this article, consists in:
(a) a repudiation of the treaty not sanctioned by the present Convention; or
(b) the violation of a provision essential to the accomplishment of the object or purpose of the
treaty.
4. The foregoing paragraphs are without prejudice to any provision in the treaty applicable in
the event of a breach.
5. Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person
contained in treaties of a humanitarian character, in particular to provisions prohibiting any
form of reprisals against persons protected by such treaties.

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