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

 

SECTION 5.

CONSEQUENCES OF THE INVALIDITY
TERMINATION OR SUSPENSION OF THE OPERATION OF A TREATY

Article 69

Consequences of the invalidity of a treaty

1. A treaty the invalidity of which is established under the present
Convention is void. The provisions of a void treaty have no legal force.

2. If acts have nevertheless been performed in reliance on such a
treaty:

(a) each party may require any other party to establish as far as
possible in their mutual relations the position that would have existed
if the acts had not been performed;

(b) acts performed in good faith before the invalidity was invoked are
not rendered unlawful by reason only of the invalidity of the treaty.

3. In cases falling under articles 49, 50, 51 or 52, paragraph 2 does
not apply with respect to the party to which the fraud, the act of
corruption or the coercion is imputable.

4. In the case of the invalidity of the consent of a particular State or
a particular international organization to be bound by a multilateral
treaty, the foregoing rules apply in the relations between that State or
that organization and the parties to the treaty.

Article 70

Consequences of the termination of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree,
the termination of a treaty under its provisions or in accordance with
the present Convention:

(a) releases the parties from any obligation further to perform the
treaty;

(b) does not affect any right, obligation or legal situation of the
parties created through the execution of the treaty prior to its
termination.

2. If it State or an international organization denounces or withdraws
from a multilateral treaty, paragraph 1 applies in the relations between
that State or that organization and each of the other parties to the
treaty from the date when such denunciation or withdrawal takes effect.

Article 71

Consequences of the invalidity of a treaty which conflicts
with a peremptory norm of general international law

1. In the case of a treaty which is void under article 53 the parties
shall:

(a) eliminate as far as possible the consequences of any act performed
in reliance on any provision which conflicts with the peremptory norm of
general international law; and

(b) bring their mutual relations into conformity with the peremptory
norm of general international law.

2. In the case of a treaty which becomes void and terminates under
article 64, the termination of the treaty:

(a) releases the parties from any obligation further to perform the
treaty;

(b) does not affect any right, obligation or legal situation of the
parties created through the execution of the treaty prior to its
termination; provided that those rights, obligations or situations may
thereafter be maintained only to the extent that their maintenance is not
in itself in conflict with the new peremptory norm of general
international law.

Article 72

Consequences of the suspension of the operation of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree,
the suspension of the operation of a treaty under its provisions or in
accordance with the present Convention:

(a) releases the parties between which the operation of the treaty is
suspended from the obligation to perform the treaty in their mutual
relations during the period of the suspension;

(b) does not otherwise affect the legal relations between the parties
established by the treaty.

2. During the period of the suspension the parties shall refrain from
acts tending to obstruct the resumption of the operation of the treaty.

PART VI

MISCELLANEOUS PROVISIONS

Article 73

Relationship to the Vienna Convention on the Law of Treaties

As between States parties to the Vienna Convention on the Law of
Treaties of 1969, the relations of those States under a treaty between
two or more States and one or more international organizations shall be
governed by that Convention.

Article 74

Questions not prejudged by the present Convention

1. The provisions of the present Convention shall not prejudge any
question that may arise in regard to a treaty between one or more States
and one or more international organizations from a succession of States
or from the international responsibility of a State or from the outbreak
of hostilities between States.

2. The provisions of the present Convention shall not prejudge any
question that may arise in regard to a treaty from the international
responsibility of an international organization, from the termination of
the existence of the organization or from the termination of
participation by a State in the membership of the organization.

3. The provisions of the present Convention shall not prejudge any
question that may arise in regard to the establishment of obligations and
rights for States members of an international organization under a treaty
to which that organization is a party.

Article 75

Diplomatic and consular relations and the conclusion of treaties

The severance or absence of diplomatic or consular relations between
two or more States does not prevent the conclusion of treaties between
two or more of those States and one or more international organizations.
The conclusion of such a treaty does not in itself affect the situation
in regard to diplomatic or consular relations.

Article 76

Case of an aggressor State

The provisions of the present Convention are without prejudice to any
obligation in relation to a treaty between one or more States and one or
more international organizations which may arise for an aggressor State
in consequence of measures taken in conformity with the Charter of the
United Nations with reference to that State’s aggression.

 

Author: international