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Recognizing the ever-increasing importance of
treaties as a source of international law and as a means of developing peaceful
co-operation among nations, whatever their constitutional
and social systems,
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Believing that the codification and progressive
development of the law of treaties achieved in the present Convention will promote
the purposes of the United Nations set forth in the Charter, namely, the maintenance
of international peace and security, the development of friendly relations and
the achievement of co-operation among nations,
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ARTICLE-30: Application of successive treaties relating to
the same subject-matter [go to this ARTICLE]
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3. When all the parties to the earlier treaty are parties
also to the later treaty but the earlier treaty is not
terminated or suspended in operation under article 59,
the earlier treaty applies only to the extent that its provisions
are compatible with those of the latter treaty.
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... 5. Paragraph 4 is without prejudice to article 41, or to any
question of the termination or suspension of the operation
of a treaty under article 60 or to any question of responsibility
which may arise for a State from the conclusion or application
of a treaty the provisions of which are incompatible
with its obligations towards another State under another treaty. ...
ARTICLE-42: Validity and continuance in force of treaties [go to this ARTICLE]
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2. The termination of a treaty, its denunciation or the
withdrawal of a party, may take place only as a result
of the application of the provisions of the treaty or
of the present Convention. The same rule applies to suspension
of the operation of a treaty. ...
ARTICLE-43: Obligations imposed by international law independently of a treaty [go to this ARTICLE]
... The invalidity, termination or denunciation of
a treaty, the withdrawal of a party from it, or the suspension
of its operation, as a result of the application of the
present Convention or of the provisions of the treaty, shall
not in any way impair the duty of any State to fulfil any obligation embodied
in the treaty to which it would be subject under international law independently
of the treaty. ...
ARTICLE-44: Separability of treaty provisions [go to this ARTICLE]
... 1. A right of a party, provided for in a treaty
or arising under article 56, to denounce, withdraw from
or suspend the operation of the treaty may be exercised
only with respect to the whole treaty unless the treaty otherwise
provides or the parties otherwise agree.
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2. A ground for invalidating, terminating, withdrawing
from or suspending the operation of a treaty recognized
in the present Convention may be invoked only with respect
to the whole treaty except as provided in the following
paragraphs or in article 60.
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ARTICLE-45: Loss of a right to invoke a ground for invalidating,
terminating, withdrawing from or suspending the operation of a treaty [go to this ARTICLE]
... Loss of a right to invoke a ground for invalidating,
terminating, withdrawing from or suspending the operation of a treaty ...
... A State may no longer invoke a ground for invalidating,
terminating, withdrawing from or suspending the operation
of a treaty under articles 46 to 50 or articles 60 and
62 if, after becoming aware of the facts: ...
... (a) it shall have expressly agreed that the treaty is valid
or remains in force or continues in operation, as the
case may be; or ...
... (b) it must by reason of its conduct be considered as having
acquiesced in the validity of the treaty or in its
maintenance in force or in operation, as the case may
be. ...
ARTICLE-57: Suspension of the operation of a treaty under
its provisions or by consent of the parties [go to this ARTICLE]
... The operation of a treaty in regard to all the
parties or to a particular party may be suspended: ...
ARTICLE-58: Suspension of the operation of a multilateral
treaty by agreement between certain of the parties only [go to this ARTICLE]
... 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: ...
... 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 [go to this ARTICLE]
... Termination or suspension of the operation of
a treaty implied by conclusion of a later treaty ...
... 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 [go to this ARTICLE]
... 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.
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... (a) the other parties by unanimous agreement to suspend the
operation of the treaty in whole or in part or to terminate
it either: ...
... (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. ...
ARTICLE-61: Supervening impossibility of performance [go to this ARTICLE]
... 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.
...
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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 [go to this ARTICLE]
... 3. 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-65: Procedure to be followed with respect to invalidity, termination, withdrawal
from or suspension of the operation of a treaty [go to this ARTICLE]
... 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.
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ARTICLE-67: Instruments for declaring invalid, terminating,
withdrawing from or suspending the operation of a treaty [go to this ARTICLE]
... Instruments for declaring invalid, terminating,
withdrawing from or suspending the operation of a treaty ...
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2. Any act declaring invalid, terminating, withdrawing
from or suspending the operation of a treaty pursuant
to the provisions of the treaty or of paragraphs 2 or
3 of article 65 shall be carried out through an instrument communicated
to the other parties. If the instrument is not signed by the Head
of State, Head of Government or Minister for Foreign Affairs, the representative
of the State communicating it may be called upon to produce full
powers. ...
ARTICLE-72: Consequences of the suspension of the operation
of a treaty [go to this ARTICLE]
... 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; ...
... 2. During the period of the suspension the parties shall refrain
from acts tending to obstruct the resumption of the operation
of the treaty. ...