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Vienna Convention on the Law of Treaties
PART-V: INVALIDITY, TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES
SECTION-3: TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES
ARTICLE 60: Termination or suspension of the operation of a treaty as a consequence of its breach
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.
Referred by:
ARTICLE 30: Application of successive treaties relating to the same subject-matter
ARTICLE 44: Separability of treaty provisions
ARTICLE 45: Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty