Vienna Convention on the Law of Treaties 7

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Vienna Convention on the Law of Treaties

 

SECTION 2. INVALIDITY OF TREATIES

Article 46
Provisions of internal law 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 internal law
regarding competence to conclude treaties as invalidating its consent
unless that violation was manifest and concerned a rule of its internal law
of fundamental importance.

2. A violation is manifest if it would be objectively evident to any State
conducting itself in the matter in accordance with normal practice and in
good faith.

Article 47
Specific restrictions on authority to express the consent of a State

If the authority of a representative to express the consent of a State to
be bound by a particular treaty has been made subject to a specific
restriction, his omission to observe that restriction may not be invoked as
invalidating the consent expressed by him unless the restriction was
notified to the other negotiating States prior to his expressing such
consent.

Article 48
Error

1. A State may invoke an error in a treaty as invalidating its consent to
be bound by the treaty if the error relates to a fact or situation which
was assumed by that State to exist at the time when the treaty was
concluded and formed an essential basis of its consent to be bound by the
treaty.

2. Paragraph 1 shall not apply if the State in question contributed by its
own conduct to the error or if the circumstances were such as to put that
State on notice of a possible error.

3. An error relating only to the wording of the text of a treaty does not
affect its validity; article 79 then applies.

Article 49
Fraud

If a State has been induced to conclude a treaty by the fraudulent conduct
of another negotiating State, the State may invoke the fraud as
invalidating its consent to be bound by the treaty.

Article 50
Corruption of a representative of a State

If the expression of a State’s consent to be bound by a treaty has been
procured through the corruption of its representative directly or
indirectly by another negotiating State, the State may invoke such
corruption as invalidating its consent to be bound by the treaty.

Article 51
Coercion of a representative of a State

The expression of a State’s consent to be bound by a treaty which has been
procured by the coercion of its representative through acts or threats
directed against him shall be without any legal effect.

Article 52
Coercion of a State by the threat or use of force

A treaty is void if its conclusion has been procured by the threat or use
of force in violation of the principles of international law embodied in
the Charter of the United Nations.

Article 53
Treaties conflicting with a peremptory norm of general
international law (jus cogens)

A treaty is void if, at the time of its conclusion, it conflicts with a
peremptory norm of general international law. For the purposes of the
present Convention, a peremptory norm of general international law is a
norm accepted and recognized by the international community of States as a
whole as a norm from which no derogation is permitted and which can be
modified only by a subsequent norm of general international law having the
same character.
SECTION 3. TERMINATION AND SUSPENSION OF THE
OPERATION OF TREATIES

Article 54
Termination of or withdrawal from a treaty under its provisions
or by consent of the parties

The termination of a treaty or the withdrawal of a party may take place:

(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.

Article 55
Reduction of the parties to a multilateral treaty below the
number necessary for its entry into force

Unless the treaty otherwise provides, a multilateral treaty does not
terminate by reason only of the fact that the number of the parties falls
below the number necessary for its entry into force.

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.

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.

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.

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.

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.

Article 61
Supervening impossibility of performance

1. A party may invoke the impossibility of performing a treaty as a ground
for terminating or withdrawing from it if the impossibility results from
the permanent disappearance or destruction of an object indispensable for
the execution of the treaty. If the impossibility is temporary, it may be
invoked only as a ground for suspending the operation of the treaty.

2. Impossibility of performance may not be invoked by a party as a ground
for terminating, withdrawing from or suspending the operation of a treaty
if the impossibility is the result of a breach by that party either of an
obligation under the treaty or of any other international obligation owed
to any other party to the treaty.

Article 62
Fundamental change of circumstances

1. A fundamental change of circumstances which has occurred with regard to
those existing at the time of the conclusion of a treaty, and which was not
foreseen by the parties, may not be invoked as a ground for terminating or
withdrawing from the treaty unless:

(a) the existence of those circumstances constituted an essential basis
of the consent of the parties to be bound by the treaty; and
(b) the effect of the change is radically to transform the extent of
obligations still to be performed under the treaty.

2. A fundamental change of circumstances may not be invoked as a ground for
terminating or withdrawing from a treaty:

(a) if the treaty establishes a boundary; or
(b) if the fundamental change is the result of a breach by the party
invoking it either of an obligation under the treaty or of any other
international obligation owed to any other party to the treaty.

3. If, under the foregoing paragraphs, a party may invoke a fundamental
change of circumstances as a ground for terminating or withdrawing from a
treaty it may also invoke the change as a ground for suspending the
operation of the treaty.

Article 63
Severance of diplomatic or consular relations

The severance of diplomatic or consular relations between parties to a
treaty does not affect the legal relations established between them by the
treaty except in so far as the existence of diplomatic or consular
relations is indispensable for the application of the treaty.

Article 64
Emergence of a new peremptory norm of general
international law (jus cogens)

If a new peremptory norm of general international law emerges, any existing
treaty which is in conflict with that norm becomes void and terminates.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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