UNIT 4 Overview of the Vienna Convention on the Law of Treaties (VCLT)

Part I: Introduction

The VCLT establishes the legal framework for the creation, application, and
termination of treaties between states under international law.

● Scope of Application: It applies to treaties between states, covering rules

on the formation, interpretation, and enforcement of treaties, and
establishes procedures for their modification and termination.
● Definitions (Article 2): Key definitions include:
○ Treaty: An international agreement between states, in written form,
governed by international law, regardless of its particular
designation (single or multiple instruments).
○ Reservation: A unilateral statement made by a state to modify or
exclude certain treaty provisions.
○ Ratification: A state's formal acceptance of the treaty's terms after
negotiation and signature.

Part II: Conclusion and Entry into Force of Treaties

This part addresses the procedural aspects of treaty creation and how treaties
become binding for states.

● Section 1: Conclusion of Treaties (Articles 6-18)

○ Negotiation: The process where states discuss and draft the terms
of the treaty.
○ Adoption and Authentication (Articles 9-10): The formal
acceptance and official certification of the treaty text.
○ Consent to be Bound (Article 11): A state must express its consent
to be bound by the treaty, often through ratification.
○ Authority to Conclude Treaties (Article 7): The negotiator must
have full powers (explicit authorization) from the state to sign the
treaty. Without this, the treaty may lack legal effect.
● Section 2: Reservations (Articles 19-23)

○ A reservation allows a state to modify or exclude provisions of a

treaty, provided it is consistent with the object and purpose of the
treaty.
○ Reservations must be made at the time of the treaty’s adoption
and are subject to the consent of other parties.
● Section 3: Entry into Force and Provisional Application (Articles 24-25)

○ Entry into Force: A treaty comes into effect once a certain number
of states have ratified it, and the treaty text specifies the
conditions for its enforcement.
 ○ Provisional Application: A state may agree to apply the treaty
temporarily before it is formally ratified, based on the agreement
of the other parties.

Part III: Observance, Application, and Interpretation of Treaties

This section deals with how treaties should be observed, implemented, and
interpreted by states.

● Treaties must be interpreted in good faith, in accordance with the

ordinary meaning of their terms, and considering their purpose and
object (Article 31).
● Interpretation in Context: This involves considering not only the treaty
text but also its preamble, annexes, and any subsequent agreements.

Part IV: Amendment and Modification of Treaties

This part outlines the procedures through which treaties may be amended or
modified, either by mutual agreement of the parties or through specific
provisions established in the treaty itself.

● Amendments can occur through negotiations between states, and

treaties may specify their own process for modifications.

Part V: Invalidity, Termination, and Suspension of Operation of Treaties

This section covers circumstances under which a treaty may be deemed

invalid, suspended, or terminated.

● Invalidity: A treaty may be invalid if its formation involves coercion, fraud,

or if it conflicts with peremptory norms of international law (jus cogens).
● Termination or Suspension: A treaty can be terminated or its operation
suspended by mutual consent, or it may expire based on specific
provisions outlined in the treaty itself.

Part VI: Miscellaneous Provisions

This part includes various provisions that address specific issues not covered
elsewhere, such as how to handle changes in state sovereignty or government
that might affect the treaty.

Part VII: Depositories, Notifications, Corrections, and Registration

● Depository: The designated authority that holds official records of the

treaty (usually the UN Secretariat).
● Notifications and Corrections: Parties must inform each other of
changes or corrections to the treaty, and ensure it is properly registered
with international organizations such as the United Nations.

Part VIII: Final Provisions

This section outlines the procedural rules for the VCLT itself, including its
adoption, entry into force, and amendments.

Basic Elements of a Multilateral Treaty

1. Title: The official name of the treaty.

2. Preamble: The introductory part that sets forth the purpose and context
of the treaty.
3. Main Text (Substantive Provisions): The core clauses of the treaty that
establish the rights, obligations, and duties of the parties involved.
4. Final Clauses: The concluding provisions, which address:
○ Participation: Details on signature, ratification, and consent to be
bound.
○ Entry into Force: When the treaty becomes legally binding.
○ Reservations and Declarations: How parties may modify their
commitments to specific provisions.
○ Depository and Registration: Procedures for recording the treaty
with international bodies.
○ Dispute Settlement: Mechanisms for resolving conflicts under the
treaty.
○ Amendment and Withdrawal: Rules governing modifications,
withdrawal, or termination.
○ Duration: The duration or expiration of the treaty’s validity.
5. Testimonium Clause: The formal statement at the end of a treaty
indicating the parties have agreed to the terms (e.g., "In witness
whereof...").
6. Signature Pages: Pages where the authorized representatives of states
sign the treaty.
7. Annexes (if any): Supplementary documents that may form part of the
treaty.

Definition of a Treaty (Article 2(1)(a))

A treaty is defined as an international agreement between states, concluded in

writing and governed by international law, whether it exists in a single
document or multiple related instruments.

Conditions to Qualify as a Treaty

1. Written Form: It must be a written instrument or instruments.

2. State Parties: The parties involved must be states, as recognized under
international law.
 3. Governed by International Law: The treaty must be subject to the rules
of international law.
4. Intended Legal Obligation: The treaty must be intended to create
binding legal obligations for the parties involved.

Oral Agreements:

● The VCLT does not apply to oral agreements.

● However, oral agreements can still have legal force under international
law, but they are not recognized as treaties under the VCLT (Article 3).

Birth of the Treaty / Inception of the Treaty

Part II of the VCLT addresses the creation of treaties, focusing on the

procedural aspects of treaty formation. This includes drafting, negotiation,
consent, adoption, and entry into force.

● Drafting and Negotiation: These initial phases set the terms and
conditions of the treaty, which must be agreed upon by the states.
● Adoption and Authentication: The final text of the treaty is agreed upon,
and its authenticity is confirmed.
● Consent to be Bound: States express their commitment to abide by the
treaty’s terms through ratification.

Conclusion and Entry into Force of Treaties (Part II)

● Negotiation, Adoption, Authentication, and Consent: These are essential

steps for concluding a treaty.
○ Full Powers (Article 7): The negotiator must have explicit authority
from the state to sign the treaty.
○ Entry into Force (Article 24): A treaty becomes effective once the
required number of states have deposited their instruments of
ratification or approval.

Model Instruments

● Full Powers: A formal document authorizing a negotiator to sign a treaty

on behalf of the state.
● Ratification Instrument: A document signed by the head of state,
government, or foreign minister confirming the state’s consent to be
bound by the treaty.

Example of Entry into Force

 1. General Example: A treaty might specify that it enters into force 90 days
after the 50th instrument of ratification is deposited (for example, “The
present Convention shall enter into force on the 90th day after the
deposit of the 50th instrument of ratification…”).

○ If a state deposits its ratification after the treaty’s initial entry into
force, the treaty becomes binding on that state 90 days after its
own ratification.
2. Paris Agreement (Article 21):

○ The agreement enters into force after at least 55 parties,

accounting for 55% of global greenhouse gas emissions, have
ratified it.
○ For the Paris Agreement, the specific method for calculating
emissions and how it impacts the treaty’s entry into force is
outlined.

Other Relevant Provisions under the Vienna Convention on the

Law of Treaties (VCLT)

Article 25: Provisional Application

Article 25 allows for the provisional application of a treaty before its formal
entry into force. This provision enables a state to begin implementing certain
provisions of a treaty on a temporary basis, pending full ratification.

● Provisional application refers to a state applying the treaty or parts of it

in advance of the treaty's entry into force, provided the treaty itself does
not prohibit it.
● The provisional application is not binding in the long term but allows for
an interim period where states can implement treaty obligations without
waiting for ratification.
● Conditions for provisional application: It must be agreed upon by all
parties involved and can only apply to specific provisions that the
parties mutually agree to enforce before formal ratification.

Article 18: Obligation Not to Defeat the Object and Purpose of a Treaty Prior to
Its Entry into Force

Article 18 sets out a critical principle of good faith in treaty negotiations and
ratifications.

● Obligation Not to Defeat the Object and Purpose: A state that has
signed a treaty or exchanged instruments subject to ratification must
refrain from actions that would undermine the treaty's object and
purpose before it enters into force.
○ Subsection (a): If a state signs the treaty or exchanges
instruments subject to ratification, it must act in a manner that
 does not defeat the treaty’s object and purpose until it has clearly
expressed its intention not to ratify.
○ Subsection (b): After expressing consent to be bound but before
the treaty enters into force, a state must avoid acts that would
contradict the treaty’s purpose, unless the entry into force is
unduly delayed.

This article ensures that parties do not take actions that would undermine the
integrity of the treaty while waiting for it to become legally binding.

Reservations in Multilateral Treaties

Need for Reservations

Reservations are a crucial tool in multilateral treaties, allowing states to

become parties to treaties while excluding or modifying certain provisions to
which they object. These reservations enable states to participate in global
agreements that they might not otherwise join due to conflicts with domestic
law or policy.

● Purpose of Reservations:
○ Inclusion in Treaties: Reservations allow states to become parties
to a treaty even if they disagree with certain provisions. This
makes multilateral treaties more inclusive, encouraging broader
participation.
○ Adjustments for Domestic Law: In many cases, states may make
reservations to align a treaty's obligations with their own national
laws, particularly in areas where social, cultural, or political
differences make full adherence difficult.
○ Compromise and Concessions: Multilateral treaties often involve
compromise and negotiation. Reservations allow states to adjust
their obligations in a way that makes the treaty acceptable to
them while still participating in the overall framework.

Article 2(1)(a) of the VCLT: Definition of a Reservation

● Reservation: According to the VCLT, a reservation is a unilateral

statement made by a state during the treaty-making process, typically
when signing, ratifying, accepting, approving, or acceding to a treaty.
This statement intends to exclude or modify the legal effect of certain
provisions of the treaty as they apply to that state.

● Key Features of a Reservation:

○ Unilateral Act: A reservation is made by a single state and does

not require the consent of the other treaty parties.
○ Exclusion or Modification: The reservation can either exclude the
application of certain provisions or modify their effect.
 ○ No Specific Terminology Required: The reservation does not need
to be called a "reservation" explicitly. It may be termed as a
"declaration" or "statement," as long as it conveys the intent to
alter or exclude treaty obligations.

When Can a State Formulate a Reservation?

States can formulate a reservation during:

1. Signature: When signing the treaty, the state may declare its intention to
reserve certain provisions.
2. Ratification, Acceptance, Approval, Accession: Reservations may be
made when the state formally accepts the treaty, confirming its intent to
be bound by certain provisions while excluding or modifying others.

However, there are limitations:

● Prohibited Reservations: Some treaties specifically prohibit any

reservations. For example, the Statute of the International Criminal
Court (Article 120) prohibits reservations.
● Incompatible Reservations: If a reservation is incompatible with the
object and purpose of the treaty, it is not permissible (Article 19 of the
VCLT).
● Treaties with Specified Reservations: Some treaties explicitly limit the
types of reservations that can be made. For example, the United Nations
Convention on the Law of the Sea (Article 309) restricts reservations
except for those explicitly permitted in the treaty's provisions.

Permissibility of Reservations

When Are Reservations Permissible?

Reservations are permissible when:

1. The Treaty Does Not Prohibit Reservations: A treaty must not explicitly
prohibit the formulation of reservations. If no prohibition is present,
states are free to make reservations to the treaty.
2. The Reservation Is Not Incompatible with the Object and Purpose of the
Treaty (Article 19): States must ensure that their reservation does not
fundamentally alter the nature or purpose of the treaty.
3. The Treaty Allows Specific Reservations: Some treaties provide clear
guidelines on what reservations can be made. For example, the UN
Convention on the Law of the Sea allows reservations only on provisions
where expressly permitted by other treaty articles.

Treaties Prohibiting or Limiting Reservations

● Treaties with Complete Prohibition of Reservations:

 ○ Statute of the International Criminal Court (Article 120): Prohibits
reservations by states.
○ Disarmament Treaties: Various disarmament treaties (e.g.,
Comprehensive Nuclear-Test-Ban Treaty, Chemical Weapons
Convention, Anti-Personnel Mines Convention) prohibit
reservations to maintain the integrity and universal nature of the
agreement.
○ Environmental Treaties: Many multilateral environmental
agreements (e.g., Montreal Protocol, Kyoto Protocol, Rotterdam
Convention, Stockholm Convention, Cartagena Protocol) also
prohibit reservations to ensure consistent global action.
● Treaties with Limited Reservations:
○ UN Convention on the Law of the Sea (Article 309): States may not
make reservations except where specifically allowed by other
provisions of the Convention. This ensures the coherence and
integrity of the convention while allowing for certain adjustments
based on state preferences.

Conclusion

The Vienna Convention on the Law of Treaties (VCLT) provides a

comprehensive framework for the creation, modification, and enforcement of
treaties, with reservations serving as an important tool for states to adapt
international agreements to their domestic needs. While reservations are
generally allowed, they are subject to limitations to ensure that they do not
undermine the treaty's overall object and purpose. Understanding the role of
provisional application, obligations under Article 18, and the permissibility of
reservations is critical for navigating international agreements and ensuring
the effective participation of states in multilateral treaties.

Analysis of Treaty Reservations, Objections, and ICJ Jurisdiction

Acceptance and Objection to Reservations

When a state makes a reservation to a treaty, other states are given the
opportunity to either accept, object to, or remain silent regarding the
reservation. The reactions of other states can influence whether the reserving
state is bound by the treaty vis-à-vis these states.

Scenario Analysis:

● State B accepts the reservation made by State Alpha:

○ Effect: State Alpha is bound by the treaty with State B, as State B

has accepted the reservation. The reservation is considered valid
 for their relationship, and the treaty obligations apply, subject to
the reservation.
● State C objects to the reservation made by State Alpha and opposes
the entry into force of the Convention between States Alpha and C:

○ Effect: State Alpha is not bound by the treaty vis-à-vis State C.

Since State C has objected and opposed the entry into force of
the treaty, the reservation made by State Alpha is incompatible
with the object and purpose of the treaty for State C. State Alpha
and State C are not legally bound by the treaty provisions due to
the objection.
● State D does not accept the reservation made by State Alpha:

○ Effect: State Alpha is not bound by the treaty vis-à-vis State D.

Similar to State C, State D’s objection means that the reservation
is incompatible with the object and purpose of the treaty, and the
treaty does not apply between State Alpha and State D.
● State E remains silent:

○ Effect: Silence from State E typically implies tacit acceptance of

the reservation unless the treaty specifically requires an explicit
acceptance or objection. Therefore, State Alpha could be bound
by the treaty with State E, unless State E later objects.

Is State Alpha bound by the Convention vis-à-vis these States?

● State B: Yes, State Alpha is bound by the treaty.

● State C: No, due to the objection.
● State D: No, due to the objection.
● State E: Likely yes, unless State E objects in the future.

Reservation Under the Second Optional Protocol to the ICCPR

Article 2 of the Second Optional Protocol to the International Covenant on

Civil and Political Rights (ICCPR) allows a limited reservation concerning the
application of the death penalty in wartime under certain circumstances.

Reservation Conditions:

1. No reservation admissible except for one related to war: States may only
reserve the right to apply the death penalty during wartime, for crimes
of a military nature, provided certain conditions are met.
2. Communication of National Legislation: A state making this reservation
must inform the UN Secretary-General about its national laws relating to
wartime application of the death penalty.
3. Notification of War Status: The state must notify the Secretary-General
of any changes in the state of war in its territory.
The reservation is narrowly defined and only applicable in exceptional
circumstances (wartime), with specific notification requirements, ensuring that
it does not undermine the Protocol's aim to abolish the death penalty in
peacetime.

Reservation Under the Convention Against Torture (CAT)

Under Article 2 of the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, the reservation made by Chile
regarding Article 2(3) and Article 3 raises concerns about whether such
reservations are valid under international law.

Chile’s Reservations:

1. Article 2(3): Chile reserves the right to modify the principle of "obedience
upon reiteration" in its domestic military law, specifically for cases of
torture, where the superior officer's insistence on an order after it is
challenged would not apply under the Convention.
2. Article 3: Chile finds the terms of Article 3 (pertaining to extradition and
protection against torture) too discretionary and subjective and
reserves the right to interpret them differently.

Objections from Other States:

● Italy, Denmark, Luxembourg, France, Sweden, Spain, and

Czechoslovakia have all objected to Chile’s reservations, stating that the
reservations are incompatible with the object and purpose of the
Convention.
● These objections do not prevent the Convention from entering into force
between the objecting states and Chile, but they highlight a
fundamental conflict with the Convention’s goals.

Key Legal Principles:

● According to Article 19(c) of the VCLT, reservations incompatible with the

object and purpose of the treaty are impermissible.
● Chile’s reservation essentially undermines the absolute prohibition on
torture, as it allows for the possibility of justifying torture under specific
military circumstances, which is contrary to the essence of the
Convention.

International Court of Justice (ICJ) and Optional Clause Jurisdiction

Article 36, Paragraph 2 of the ICJ Statute provides that states may recognize
the jurisdiction of the Court as compulsory, subject to specific conditions. The
issue arises when states make reservations to the jurisdiction of the ICJ under
Article 36(2) of the Statute.
Case Scenario:

● State A accepts the jurisdiction of the ICJ, except for disputes related to
maritime delimitation.
● State B accepts the jurisdiction without any reservation.

Questions and Answers:

1. Can State A bring a claim in the ICJ?

○
Yes, State A can bring a claim in the ICJ for disputes except for
maritime delimitation, as it has accepted the Court’s jurisdiction
for all matters except those related to maritime delimitation.
2. Can State B bring a claim in the ICJ?

○ Yes, State B has accepted the jurisdiction of the Court without any
reservations, meaning it is bound to bring or respond to claims in
the ICJ for all types of disputes, including the maritime
delimitation dispute.
3. Is State B entitled to bring a case against State A about maritime
delimitation?

○ Yes, State B can bring a case against State A regarding maritime

delimitation because State A has accepted the jurisdiction of the
ICJ for all disputes except maritime delimitation. Since State B has
no such reservation, it can bring the dispute to the ICJ.
4. Will the Court lack jurisdiction?

○ No, the ICJ will have jurisdiction to hear the case between State B
and State A, provided the case pertains to any issue other than
maritime delimitation. However, in the case of maritime
delimitation, the ICJ may lack jurisdiction unless both parties
explicitly consent to the Court’s jurisdiction in that regard.
5. Is State A entitled to bring a maritime delimitation claim against State
B?

○
No, State A cannot bring a maritime delimitation claim against
State B in the ICJ because it has excluded maritime delimitation
from the Court’s compulsory jurisdiction. Unless State B agrees to
submit the dispute to the ICJ, the Court will not have jurisdiction.
6. Can State A invoke the jurisdiction of the Court?

○ Yes, State A can invoke the jurisdiction of the ICJ for any claim
that does not involve maritime delimitation. The reservation only
excludes maritime delimitation disputes.

Conclusion
 ● Reservations to Treaties: Reservations made by a state can be accepted
or rejected by other parties, and they affect the scope of treaty
obligations. The Vienna Convention on the Law of Treaties (VCLT)
ensures that states can participate in treaties while maintaining certain
domestic reservations, but reservations must not be incompatible with
the treaty’s object and purpose.
● ICJ Jurisdiction: States can make declarations recognizing the
compulsory jurisdiction of the ICJ, but these declarations can include
reservations, which affect the types of disputes subject to the Court’s
jurisdiction. States may need mutual consent or special agreements for
certain types of disputes, such as maritime delimitation.

Scope of Legal Obligations under Treaty Law

1. Observance of Treaties

● Fundamental Rule - Article 26 VCLT: "PACTA SUNT SERVANDA"

○ Every treaty in force is binding upon the parties and must be

performed in good faith.
○ This principle enshrines the foundation of international treaty law,
emphasizing that states are obliged to abide by their treaty
commitments, reflecting the sovereign equality of states and
mutual respect for agreements made.
● Article 27 VCLT: Internal Law and Observance of Treaties

○ A state may not invoke its internal law as justification for failure to
perform a treaty, reinforcing the primacy of international
obligations over national legislation.
○ This principle aligns with Customary International Law (CIL),
emphasizing the autonomy of international law, as seen in the
Questions relating to the Obligation to Prosecute or Extradite
(Belgium v Senegal, 2002), where the ICJ reiterated that internal
law cannot excuse non-compliance with international treaties.
● International Responsibility for Treaty Breach

○ Failure to perform treaty obligations results in international

responsibility, including potential sanctions and reparations for
the injured party.
○ Cases like Interpretation of Peace Treaties (1950) and Danube Dam
Case illustrate that breach of treaty obligations can trigger legal
responsibility and require remedial actions under international
law.

2. Treaty Interpretation
 ● General Rules of Interpretation (Articles 31-33 VCLT)
○ Article 31 outlines the general rule of interpretation, stipulating
that treaties must be interpreted in good faith, in accordance with
their ordinary meaning, context, and object and purpose.
○ The interpretation should consider subsequent practice and
relevant rules of international law to ensure the treaty’s purpose
is upheld.
○ Article 32 VCLT provides supplementary means of interpretation,
including preparatory works and circumstances surrounding the
conclusion of the treaty, when the general rules lead to
ambiguous or unreasonable interpretations.
● Article 33 VCLT: Treaties in Multiple Languages
○ When a treaty is authenticated in two or more languages, all
versions are equally authoritative unless otherwise specified.
○ In case of discrepancies, the interpretation that best reconciles
the texts in light of the object and purpose of the treaty must be
adopted.

3. Amendment and Modification of Treaties

● Articles 39-41 VCLT

○Amendments to a treaty may be made by agreement between

parties, with the provisions of Part II of the VCLT generally
applicable unless the treaty specifies otherwise.
○ Article 39 allows treaty amendments, and Article 40 outlines
procedures for multilateral treaty amendments, providing default
rules when the treaty doesn’t specify a modification procedure.
● Amendment Procedures

○ Amendment proposals must be notified to all state parties and

require participation in the negotiation and conclusion of the
amendment.
○ The amendment enters into force once ratified by states, with
particular procedures for the acceptance of amendments to
multilateral treaties.
○ A state acceding to a treaty after an amendment’s entry into force
is bound by the amended version, unless a different intention is
expressed (Article 40(5)).
● Modification of Multilateral Treaties (Article 41)

○ Modification may occur between certain parties, provided it does

not affect the enjoyment of rights or obligations of other parties
and is not incompatible with the treaty’s object and purpose.
○ Article 41 ensures that such modifications are consistent with the
principle of consent and the object and purpose of the treaty.
4. Treaties and Third Parties (Articles 34-38 VCLT)

● General Rule - Article 34

○ Treaties generally do not create rights or obligations for third

states without their consent, reflecting the principle of state
sovereignty and the consensual nature of treaties.
○ This is consistent with the Latin maxim "pacta tertiis nec nocent
nec prosunt" (agreements do not harm or benefit third parties).
● Obligations for Third States (Article 35)

○ A third state can be bound by an obligation if the parties to the

treaty expressly intend to establish such an obligation and the
third state accepts it in writing.
● Rights for Third States (Article 36)

○ A third state may have rights under a treaty if the parties intend
to grant those rights, and the third state assents to them,
presumed unless otherwise stated.
● Modification of Third State Rights/Obligations (Article 37)

○ Rights or obligations of third states can only be modified or

revoked with the consent of the third state unless the treaty
specifically allows otherwise.
● Rules Becoming Binding through Customary International Law (Article
38)

○ Treaties can create customary law if their provisions are regarded

as forming part of CIL and if non-party states regard them as
binding, as seen in the North Sea Continental Shelf Case, where
the treaty provisions achieved the status of CIL.

5. Treaty Law and CIL

● Treaty provisions may reflect pre-existing customary law or contribute to

the creation of new CIL. This interaction is key in evolving norms and the
formation of international legal principles.

6. Invalidity of Treaties (Articles 46-53, 64-69)

● The VCLT presumes that treaties are valid unless one of the specific
grounds for invalidity is proven, such as coercion, fraud, or breach of
competence.
 ○ Article 46 outlines invalidity due to lack of competence in
treaty-making.
○ Article 48 addresses error relating to an essential fact.
○ Articles 49-51 cover fraud and coercion of representatives,
respectively.
○ Article 53 provides that a treaty is invalid if it conflicts with a jus
cogens norm (peremptory norm of international law).
● Absolute vs. Relative Grounds

○ Absolute grounds make a treaty void ab initio (from the

beginning), while relative grounds make the treaty voidable,
allowing the affected state to challenge its validity.
● Material Breach (Article 60)

○ A material breach occurs when a party repudiates or violates an

essential provision of the treaty, rendering the agreement
voidable. The injured party may choose to terminate the treaty or
suspend its operation.
● Supervening Impossibility (Article 61)

○ If performance becomes impossible due to a permanent

disappearance or destruction of an essential object, the treaty
may be suspended or terminated.
○ Temporary impossibility allows only for suspension unless the
impossibility results from the party’s own breach.
● Rebus Sic Stantibus (Article 62)

○ A treaty can be terminated or suspended due to a fundamental

change of circumstances that radically transforms the
obligations under the treaty. This principle is applied cautiously
and only in exceptional cases, such as in the Fisheries
Jurisdiction Case (UK v Iceland) and Danube Dam Case.

7. Termination and Suspension of Treaties

● Pacta Sunt Servanda limits the ability of states to unilaterally suspend

or terminate treaties.

● Suspension means the treaty remains valid but is temporarily

inoperative, while termination means the treaty ceases to exist.

● Article 60 allows for termination in the event of a material breach of the

treaty, and Article 61 allows suspension due to supervening impossibility.

● Article 62 provides grounds for fundamental change of circumstances

(Rebus Sic Stantibus) as a reason for termination, but this must be
 shown to radically affect the performance of the treaty.

● Termination by Conduct of Other Parties

○ Breaches, impossibilities, or changes of circumstances may justify

termination or suspension of a treaty.
○ Examples like Namibia Case (material breach of mandate) and
Danube Dam Case (breach by Czechoslovakia) illustrate how such
grounds are invoked in international law.

Procedure and Consequences in Treaty Law

Article 65: Procedure to be Followed Regarding Invalidity, Termination,

Withdrawal, or Suspension of a Treaty

Article 65 outlines the procedures for dealing with the invalidity, termination,
withdrawal from, or suspension of a treaty. The procedure is structured as
follows:

1. Notification to the Other Party:

○The party proposing to invalidate, terminate, withdraw from, or

suspend the operation of a treaty must notify the other party. The
notification should clearly state the intended action (invalidity,
termination, withdrawal, or suspension) and provide reasons for
the proposed measure.
2. Expiry of the Notification Period:

○A period of not less than three months must elapse after

notification is made, during which the other party may raise
objections. However, in cases of special urgency, this period may
be shortened. If no objection is raised within the period, the action
can proceed.
3. Instruments for Declaration:

○ Once the notification period expires without objections, the

notifying party can issue formal instruments declaring the
invalidity, termination, withdrawal, or suspension of the treaty.

Article 69: Consequences of the Invalidity of a Treaty

The consequences of a treaty’s invalidity are addressed in Article 69,

establishing the following points:

1. Void Treaty:

○ A treaty declared invalid under the Convention is considered void,

meaning it holds no legal force or effect. This rule ensures that
any acts performed under an invalid treaty lack legal standing.
 2. Acts Performed in Reliance on the Treaty:

○If acts have been performed in reliance on the invalid treaty, the
following applies:
■ Each party may request the other to restore the situation
that would have existed if the treaty had not been executed.
■ Acts carried out in good faith before the invalidity of the
treaty was invoked are not retroactively considered
unlawful.
3. Fraud, Corruption, and Coercion:

○ In cases of fraud, corruption, or coercion (Articles 49, 50, 51, or 52),

paragraph 2 does not apply to the party responsible for such
acts.
4. Invalidity of a State’s Consent to a Multilateral Treaty:

○ If a particular State’s consent to a multilateral treaty is invalid, the

rules outlined in Article 69 will apply only between that State and
the other parties to the treaty.

Article 70: Consequences of the Termination of a Treaty

Article 70 governs the termination of treaties and outlines the following

consequences:

1. Release from Further Obligations:

○Unless the treaty specifies otherwise, the termination of a treaty

releases the parties from any further obligation to perform it.
2. Rights, Obligations, and Legal Situations Created Before Termination:

○
Termination does not affect any rights, obligations, or legal
situations that arose before the treaty was terminated. These
remain intact, and the parties must continue to respect them even
after the treaty’s termination.
3. Denunciation or Withdrawal from a Multilateral Treaty:

○ In the case of denunciation or withdrawal from a multilateral

treaty, the above rules apply between the withdrawing State and
the other parties, effective from the date the denunciation or
withdrawal takes effect.

Article 71: Consequences of the Invalidity of a Treaty that Conflicts with a

Peremptory Norm of General International Law (Jus Cogens)

This article addresses the invalidity of treaties that conflict with peremptory
norms (jus cogens):

1. Void Treaty:
 ○ A treaty that violates jus cogens norms is void under Article 53. In
such cases, the parties must:
■ Eliminate, as far as possible, the consequences of any acts
performed in reliance on the invalid treaty.
■ Bring their mutual relations into compliance with the
peremptory norm of international law.
2. Termination of a Treaty in Conflict with Jus Cogens:

○ If a treaty is terminated under Article 64 due to a conflict with jus

cogens, the termination:
■ Releases the parties from further obligations under the
treaty.
■ Does not affect rights, obligations, or legal situations that
were created before the termination, except where those
situations conflict with the peremptory norm of
international law.

Article 72: Consequences of the Suspension of the Operation of a Treaty

Article 72 provides guidance on the suspension of treaty operations:

1. Release from Obligations During Suspension:

○Unless the treaty or the parties agree otherwise, suspending the

operation of a treaty releases the parties from the obligation to
perform the treaty during the suspension period.
2. Maintaining Legal Relations:

○ The suspension does not affect the legal relations between the
parties that were established before the suspension. These
relations continue to exist but are no longer subject to the treaty's
obligations during the suspension period.
3. Refraining from Obstructing Resumption:

○ While a treaty is suspended, parties are required to refrain from

acts that would prevent or hinder the resumption of the treaty’s
operation once the suspension ends.

Jus Cogens (Peremptory Norms of General International Law)

Jus cogens, or peremptory norms, refer to fundamental principles of

international law that cannot be violated by any State, regardless of treaties or
agreements. These norms are universally recognized as overriding and
non-derogable, meaning no treaty or agreement may contravene these
principles.

Key Features of Jus Cogens:

 ● Non-Exhaustive List: The list of jus cogens norms is non-exhaustive, but
examples include the prohibition on genocide, slavery, torture, and
crimes against humanity. These norms are universally accepted and
apply to all States.

● Legal Consequences: Any treaty that conflicts with a jus cogens norm is
automatically void, as stipulated in Article 53 of the Vienna Convention.
Treaties in violation of jus cogens norms cannot be legally upheld or
enforced.

● Changes in Peremptory Norms: Jus cogens norms can evolve over time
through the practice of States and the development of international law,
but once a norm is established as jus cogens, no derogation from it is
permitted.

Sources and Further Reading:

● The International Law Commission’s 2019 Report provides detailed

insights into jus cogens, outlining 23 conclusions related to the
identification, scope, and legal effect of peremptory norms in
international law (accessible via ILC Report 2019).

This comprehensive analysis provides clarity on the procedural and legal

consequences related to the invalidity, termination, suspension, and
withdrawal from treaties, as well as the implications of treaties conflicting with
peremptory norms (jus cogens) in international law.