VIENNA

CONVENTION ON
THE LAW OF Articles 54-85

TREATIES 1969
Done atVienna on 23 May 1969. Entered into force 27 January 1980.
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PART V (Invalidity, Termination and Suspension of the Operation of Treaties)

• Section 3 Termination and Suspension of the Operation of Treaties

• Articles 54-64
• Section 4 Procedure
• Articles 65-68
• Section 5 Consequences of the Invalidity, Termination and Suspension of the
Operation of Treaties
• Articles 69-72

Part VI (Miscellaneous Provisions)

• Articles 73-75

Part VII (Depositaries, Notifications, Corrections, and Registration)

• Articles 76-80

Part VIII (Final Provisions)

• Articles 81-85
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TERMINATION &
SUSPENSION Art 54-64

OF THE OPERATION OF TREATIES

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 GROUND FOR TERMINATION OF TREATIES
1. State Succession
2. War and Armed Conflict
3. Operation of Treaty Provisions
4. Termination by Agreement
5. Material Breach
6. Supervening impossibility of performance
7. Fundamental change of circumstances
8. Emergence of a conflicting jus cogens norm
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 GROUND FOR TERMINATION OF TREATIES
1. State Succession

Treaties may be affected when one state

succeeds in whole or partly to the legal
personality and territory of another.

This would be dependent on the form of

succession and the type of treaty concerned.

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 GROUND FOR TERMINATION OF TREATIES
2. War and Armed Conflict

While hostile relations do not automatically

suspend or terminate treaties, it is possible
for war conditions to lead to termination of
treaties on grounds of impossibility or
fundamental change in circumstances.

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 GROUND FOR TERMINATION OF TREATIES
3. Operation of Treaty Provisions (Art 54 [a])

The treaty may be terminated pursuant to

conductions for such specified therein.

‘in CONFORMITY WITH THE

PROVISIONS of the treaty” Art 54 (a)

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 GROUND FOR TERMINATION OF TREATIES
4. Termination by Agreement (Art 54 [b])

Termination of or withdrawal from a treaty

may take place at ANY TIME by
CONSENT of ALL PARTIES after
consultation with other contracting States.

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 GROUND FOR TERMINATION OF TREATIES
5. Material Breach

A material breach consists in:

• Repudiation of the treaty not sanction by the present
Convention.

• Violation of a provision essential to the

accomplishment of the object or purpose of the treaty

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 GROUND FOR TERMINATION OF TREATIES
5. Material Breach
In bilateral agreements, a breach by one
entitles the other to invoke such breach as a
ground for termination.
In multilateral agreements, a breach by one
may lead to:
• Removal of the state in breach from the treaty relation
• Termination of the treaties
• Suspension of the treaty only between a specially
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 GROUND FOR TERMINATION OF TREATIES
6. Supervening impossibility of performance (Art 61)
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 TEMPORARY:
-ground for suspending the operation of the
treaty
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 GROUND FOR TERMINATION OF TREATIES
7. Fundamental change of circumstances (Art. 62)
Principle of Rebus Sic Stantibus
A fundamental change of circumstances which has occurred
with regard to those existing at the time of the conclusion of a
GR: treaty, and which was not foreseen by the parties, MAY NOT
be invoked as a ground for terminating or withdrawing from
the treaty.
The existence of those circumstances constituted an ESSENTIAL
BASIS of the consent of the parties to be bound by the treaty;
and
XPN
The effect of the change is RADICALLY to transform the extent
of obligations still to be performed under the treaty. WOODGROVE
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 GROUND FOR TERMINATION OF TREATIES
8. Emergence of a conflicting jus cogens norm (Art. 64)
If a new peremptory norm of general
international law emerges, any existing treaty
which is in conflict with that norm becomes
VOID and terminates.

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 PROCEDURE Art 65-68

FOR THE TERMINATION OF TREATIES

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 PROCEDURE

NOTIFY
Article 65. Procedure to be followed with respect to invalidity, termination, withdrawal from or
suspension of the operation of a treaty —

1. A party which, under the provisions of the present

Convention, invokes either a defect in its consent to
be bound by a treaty or a ground for impeaching the
validity of a treaty, terminating it, withdrawing from
it or suspending its operation, must notify the other
parties of its claim. The notification shall indicate
the measure proposed to be taken with respect to the
treaty and the reasons therefor. WOODGROVE
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 PROCEDURE

CARRY-OUT
Article 65. Procedure to be followed with respect to invalidity, termination, withdrawal from or
suspension of the operation of a treaty —

2. If, after the expiry of a period which, except in cases

of special urgency, shall not be less than three
months after the receipt of the notification, no party
has raised any objection, the party making the
notification may carry out in the manner provided in
Article 67 the measure which it has proposed.

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 PROCEDURE

CARRY-OUT
Article 67.

1. NOTIFICATION IN
WRITING
2. Carried out through an
instrument communicated to the
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 PROCEDURE

SEEK SOLUTION (Objection)

Article 65. Procedure to be followed with respect to invalidity, termination, withdrawal from or
suspension of the operation of a treaty —

3. If, however, objection has been raised by any other

party, the parties shall seek a solution through the
means indicated in Article 33 of the Charter of the
United Nations.

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SOLUTION
Article 33 of the Charter of the United Nations

NEGOTIATION ARBITRATION

ENQUIRY JUDICIAL SETTLEMENT

RESORT TO REGIONAL AGENCIES OR

MEDIATION ARRANGEMENTS

CONCILIATION OTHER PEACEFUL MEANS

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 PROCEDURE
Article 66. Procedures for judicial settlement, arbitration and conciliation:

If, under paragraph 3 of Article 65, no solution has been reached

within a period of 12 months following the date on which the
objection was raised, the following procedures shall be followed:

a) any one of the parties to a dispute concerning the application or

the interpretation of Article 53 or 64 may, by a written application,
submit it to the International Court of Justice for a decision unless
the parties by common consent agree to submit the dispute to
arbitration;

SUBMIT TO ICJ for DECISION or

common consent for ARBITRATION WOODGROVE
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 PROCEDURE
Article 66. Procedures for judicial settlement, arbitration and conciliation:

If, under paragraph 3 of Article 65, no solution has been reached

within a period of 12 months following the date on which the
objection was raised, the following procedures shall be followed:

b) any one of the parties to a dispute concerning the application or

the interpretation of any of the other articles in Part V of the
present Convention may set in motion the procedure specified in
the Annex to the Convention by submitting a request to that effect
to the Secretary-General of the United Nations.

BRING DISPUTE BEFORE A

CONCILIATION COMMISSION WOODGROVE
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 PROCEDURE
Article 68. Revocation of notifications and instruments provided for in Articles 65 and 67:

A notification or instrument provided

for in Article 65 or 67 may be revoked
at any time before it takes effect.

REVOCATION OF PROCEDURE =
ANY TIME BEFORE IT TAKES
EFFECT
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CONSEQUENCES
OF THE INVALIDITY, TERMINATION, OR
SUSPENSION OF THE OPERATION OF A Articles 69-72

TREATY
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 CONSEQUENCES
(Depending on)

1. INVALIDITY
2. TERMINATION
3. CONFLICT WITH JUS COGENS
a) Existing
b) New

4. SUSPENSION

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 CONSEQUENCES
(Depending on)

1. INVALIDITY
Article 69
Consequences of the invalidity of a treaty

VOID = NO LEGAL FORCE

PERFORMED IN GOOD FAITH

BEFORE INVALIDITY = LAWFUL
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 CONSEQUENCES
Article 69
Consequences of the invalidity of a treaty

ESTABLISHMENT OF POSITION &

ACTS IN GOOD FAITH –
NOT APPLICABLE
(TO PARTY TO WHICH THESE ACTS ARE IMPUTABLE):
COERCION of a
FRAUD
REPRESENTATIVE of a State

CORRUPTION of a COERCION of a STATE by the

REPRESENTATIVE of a State THREAT or USE of FORCE

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 CONSEQUENCES
2. TERMINATION
Article 70
Consequences of the termination of a treaty

RELEASES PARTIES FROM ANY

FURTHER OBLIGATION
XPN: Treaty provides
XPN: Parties agree

Does not affect any right, obligation or legal

situation of the parties created through the execution
of the treaty prior to its termination. WOODGROVE
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 CONSEQUENCES
Article 70
Consequences of the termination of a treaty

Multilateral treaty

paragraph 1 applies (i.e., RELEASES FROM

ANY OBLIGATION) in the relations between that
State and each of the other parties to the treaty
from the date when such denunciation or
withdrawal takes effect.
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 CONSEQUENCES

3. CONFLICT WITH JUS COGENS

a) Existing
b) New

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 CONSEQUENCES
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:
Existing Jus cogens

(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

(b) bring their mutual relations into conformity with the
peremptory norm of general international.
peremptory norm of general international.
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 CONSEQUENCES
Article 71 - Consequences of the invalidity of a treaty which conflicts with a 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:
New Jus cogens

(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. WOODGROVE
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 CONSEQUENCES
4. SUSPENSION
Article 72 - Consequences of the suspension of the operation of a treaty

• 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;

• Does not affect the legal relations between the parties

established by the treaty.

• During the period of the suspension the parties shall refrain

from acts tending to obstruct the resumption of the operation of
the treaty. WOODGROVE
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MISCELLANEOUS Art 73-75

PROVISIONS
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 MISCELLANEOUS PROVISIONS

74. Diplomatic and consular relations and the

conclusion of treaties

≠
Severance or absence of Prevent conclusion of treaties
diplomatic or consular between those States.
relations between two or
more States

The conclusion of a treaty

≠ affect the situation in regard to
diplomatic or consular relations

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 DEPOSITARIES,
NOTIFICATIONS,
CORRECTIONS
AND Articles 76-80

REGISTRATION
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 DEPOSITARIES, NOTIFICATIONS,
CORRECTIONS AND REGISTRATION
1. Depositaries of treaties
2. Functions of depositaries

3. Notifications and communications

4. Correction of errors in texts or in certified copies

of treaties

5. Registration and publication of treaties

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 DEPOSITARIES, NOTIFICATIONS,
CORRECTIONS AND REGISTRATION
1. Depositaries of treaties
• Designation
1. In the treaty
2. Some other manner
• Depositary
1. One or more States,
2. An international organization, or
3. Chief administrative officer of the organization
• Functions
• International in character
• Under an obligation to act impartially in their performance

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 DEPOSITARIES, NOTIFICATIONS,
CORRECTIONS AND REGISTRATION
2. Functions of depositaries
a) keeping custody of the original text of the treaty and of any full powers
delivered to the depositary;

b) preparing certified copies of the original text and preparing any further text
of the treaty in such additional languages as may be required by the treaty
and transmitting them to the parties and to the States entitled to become
parties to the treaty;
c) receiving any signatures to the treaty and receiving and keeping custody of
any instruments, notifications and communications relating to it;

d) examining whether the signature or any instrument, notification or

communication relating to the treaty is in due and proper form and, if need
be, bringing the matter to the attention of the State in question;

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 DEPOSITARIES, NOTIFICATIONS,
CORRECTIONS AND REGISTRATION
2. Functions of depositaries
e) informing the parties and the States entitled to become parties to the treaty of
acts, notifications and communications relating to the treaty;

f) informing the States entitled to become parties to the treaty when the number
of signatures or of instruments of ratification, acceptance, approval or
accession required for the entry into force of the treaty has been received or
deposited;

g) registering the treaty with the Secretariat of the United Nations;

h) performing the functions specified in other provisions of the present

Convention.

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 DEPOSITARIES, NOTIFICATIONS,
CORRECTIONS AND REGISTRATION
3. Notifications and communications
Communication:
1) Depositary
2) Direct to the States

HAVING BEEN MADE = RECEIPT

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 FINAL Art 81-85

PROVISIONS
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 FINAL PROVISIONS
81. Signature
82. Ratification
83. Accession
84. Entry into force (27 January 1980)
85. Authentic texts

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 WOODGROVE
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REFERENCES:
• Vienna Convention on the Law of Treaties, 1969.

• Introduction to Public International Law, 2009. Bernas, Joaquin G. SJ.

• Public International Law, 2015. UP Law A2015 Public International Law

Reviewer Group for the class of Prof. H. Harry L. Roque.
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THANK YOU!