Vienna Convention on the Law of Treaties between States and International Organizations 8

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

 

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 contracting States and contracting organizations.

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 contracting States and contracting organizations.

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 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.

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 between two or more States
and one or more international organizations if the treaty establishes a
boundary.

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

4. 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 States
parties to a treaty between two or more States and one or more
international organizations does not affect the legal relations
established between those States 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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