Presentation on theme: "Vienna Convention on the Law of Treaties 1969"— Presentation transcript:
1 Vienna Convention on the Law of Treaties 1969 Article 44…. 3. If the ground relates solely to particular clauses, itmay be invoked only with respect to those clauses where:the said clauses are separable from the remainder ofthe treaty with regard to their application;(b) it appears from the treaty or is otherwise establishedthat acceptance of those clauses was not an essentialbasis of the consent of the other party or parties to bebound by the treaty as a whole; and(c) continued performance of the remainder of the treatywould not be unjust….5. In cases falling under articles 51, 52 and 53, noseparation of the provisions of the treaty is permitted.
2 Vienna Convention on the Law of Treaties 1969 Article 45A State may no longer invoke a ground for invalidating,terminating, withdrawing from or suspending the operationof a treaty under articles 46 to 50 or articles 60 and 62 if,after becoming aware of the facts:it shall have expressly agreed that the treaty is valid orremains in force or continues in operation, as the case maybe; or(b) it must by reason of its conduct be considered ashaving acquiesced in the validity of the treaty or in itsmaintenance in force or in operation, as the case may be.
3 Vienna Convention on the Law of Treaties 1969 Article 461. A State may not invoke the fact that its consent tobe bound by a treaty has been expressed in violationof a provision of its internal law regardingcompetence to conclude treaties as invalidating itsconsent unless that violation was manifest andconcerned a rule of its internal law of fundamentalimportance.2. A violation is manifest if it would be objectivelyevident to any State conducting itself in the matter inaccordance with normal practice and in good faith.
4 Vienna Convention on the Law of Treaties 1969 Article 48Error1. A State may invoke an error in a treaty asinvalidating its consent to be bound by the treaty if theerror relates to a fact or situation which was assumedby that State to exist at the time when the treaty wasconcluded and formed an essential basis of its consentto be bound by the treaty.2. Paragraph 1 shall not apply if the State inquestion contributed by its own conduct to the error orif the circumstances were such as to put that State onnotice of a possible error.
5 Vienna Convention on the Law of Treaties 1969 Article 49FraudIf a State has been induced to conclude a treaty by thefraudulent conduct of another negotiating State, the Statemay invoke the fraud as invalidating its consent to bebound by the treaty.Article 50Corruption of a representative of a StateIf the expression of a State’s consent to be bound by atreaty has been procured through the corruption of itsrepresentative directly or indirectly by another negotiatingState, the State may invoke such corruption as invalidatingits consent to be bound by the treaty.
6 Vienna Convention on the Law of Treaties 1969 Article 51Coercion of a representative of a StateThe expression of a State’s consent to be bound by atreaty which has been procured by the coercion of itsrepresentative through acts or threats directed againsthim shall be without any legal effect.Article 52Coercion of a State by the threat or use of forceA treaty is void if its conclusion has been procuredby the threat or use of force in violation of theprinciples of international law embodied in theCharter of the United Nations.
7 Vienna Convention on the Law of Treaties 1969 Article 53Treaties conflicting with a peremptory norm ofgeneral international law (“jus cogens”)A treaty is void if, at the time of its conclusion, itconflicts with a peremptory norm of generalinternational law. For the purposes of the presentConvention, a peremptory norm of generalinternational law is a norm accepted and recognizedby the international community of States as a whole asa norm from which no derogation is permitted andwhich can be modified only by a subsequent norm ofgeneral international law having the same character.
8 Vienna Convention on the Law of Treaties 1969 Article 54The termination of a treaty or the withdrawal of aparty may take place:in conformity with the provisions of the treaty;or(b) at any time by consent of all the parties afterconsultation with the other contracting States.
9 Vienna Convention on the Law of Treaties 1969 Article 561. A treaty which contains no provision regarding itstermination and which does not provide fordenunciation or withdrawal is not subject todenunciation or withdrawal unless:(a) it is established that the parties intended to admit thepossibility of denunciation or withdrawal; or(b) a right of denunciation or withdrawal may be impliedby the nature of the treaty.2. A party shall give not less than twelve months’notice of its intention to denounce or withdraw from atreaty under paragraph 1.
10 Vienna Convention on the Law of Treaties 1969 Article 601. A material breach of a bilateral treaty by one of theparties entitles the other to invoke the breach as a groundfor terminating the treaty or suspending its operation inwhole or in part.2. A material breach of a multilateral treaty by one of theparties entitles:(a) the other parties by unanimous agreement to suspendthe operation of the treaty in whole or in part or toterminate it either:(i) in the relations between themselves and thedefaulting State; or(ii) as between all the parties…
11 Vienna Convention on the Law of Treaties 1969 …(b) a party specially affected by the breach to invoke it asa ground for suspending the operation of the treaty inwhole or in part in the relations between itself and thedefaulting State;(c) any party other than the defaulting State to invoke thebreach as a ground for suspending the operation of thetreaty in whole or in part with respect to itself if the treaty isof such a character that a material breach of its provisionsby one party radically changes the position of every partywith respect to the further performance of its obligationsunder the treaty.
12 Vienna Convention on the Law of Treaties 1969 Article 611. A party may invoke the impossibility of performinga treaty as a ground for terminating or withdrawingfrom it if the impossibility results from the permanentdisappearance or destruction of an object indispensable forthe execution of the treaty. If the impossibility is temporary,it may be invoked only as a ground for suspending theoperation of the treaty.2. Impossibility of performance may not be invoked by aparty….if the impossibility is the result of a breach by thatparty either of an obligation under the treaty or of any otherinternational obligation owed to any other party to thetreaty.
13 Vienna Convention on the Law of Treaties 1969 Article 62Fundamental change of circumstances1. A fundamental change of circumstances whichhas occurred with regard to those existing at the timeof the conclusion of a treaty, and which was notforeseen by the parties, may not be invoked as aground for terminating or withdrawing from the treatyunless:(a) the existence of those circumstances constituted anessential basis of the consent of the parties to bebound by the treaty; and(b) the effect of the change is radically to transformthe extent of obligations still to be performed underthe treaty.
14 Vienna Convention on the Law of Treaties 1969 Article 64Emergence of a new peremptory norm ofgeneral international law (“jus cogens”)If a new peremptory norm of generalinternational law emerges, any existingtreaty which is in conflict with that normbecomes void and terminates.