Research on Vienna Convention

(a) it is established that the parties intended to admit the possibility of

denunciation or withdrawal; or 

(b) a right of denunciation or withdrawal may be implied by the nature of the

treaty. 

2. A party shall give not less than twelve months' notice of its intention to

denounce or withdraw from a treaty under paragraph 1. 

ARTICLE 57 - SUSPENSION OF THE OPERATION OF A TREATY UNDER ITS PROVISIONS OR BY

CONSENT OF THE PARTIES

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The operation of a treaty in regard to all the parties or to a particular party

may be suspended: 

(a) in conformity with the provisions of the treaty; or 

(b) at any time by consent of all the parties after consultation with the other

contracting States. 

ARTICLE 58 - SUSPENSION OF THE OPERATION OF A MULTILATERAL TREATY BY AGREEMENT

BETWEEN CERTAIN OF THE PARTIES ONLY

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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: 

(a) the possibility of such a suspension is provided for by the treaty; or 

(b) the suspension in question is not prohibited by the treaty and: 

(i) does not affect the enjoyment by the other parties of their rights under

the treaty or the performance of their obligations; 

(ii) is not incompatible with the object and purpose of the treaty. 

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

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1. A treaty shall be considered as terminated if all the parties to it conclude

a later treaty relating to the same subject-matter and: 

(a) it appears from the later treaty or is otherwise established that the

parties intended that the matter should be governed by that treaty; or 

(b) the provisions of the later treaty are so far incompatible with those of

the earlier one that the two treaties are not capable of being applied at the

same time. 

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

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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. 

ARTICLE 61 - SUPERVENING IMPOSSIBILITY OF PERFORMANCE

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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. 

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

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1. A fundamental change of circumstances which has occurred with regard to

those existing at the time of the conclusion of a treaty, and which was not

foreseen by the parties, may not be invoked as a ground for terminating or

withdrawing from the treaty unless: 

(a) the existence of those circumstances constituted an essential basis of the

consent of the parties to be bound by the treaty; and 

(b) the effect of the change is radically to transform the extent of

obligations still to be performed under the treaty. 

2. A fundamental change of circumstances may not be invoked as a ground for

terminating or withdrawing from a treaty: 

(a) if the treaty establishes a boundary; or 

(b) if the fundamental change is the result of a breach by the party invoking

it either of an obligation under the treaty or of any other international

obligation owed to any other party to the treaty. 

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 63 - SEVERANCE OF DIPLOMATIC OR CONSULAR RELATIONS

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The severance of diplomatic or consular relations between parties to a treaty

does not affect the legal relations established between them by the treaty

except in so far as the existence of diplomatic or consular relations is

indispensable for the application of the treaty. 
 
 
 

ARTICLE 64 - EMERGENCE OF A NEW PEREMPTORY NORM OF GENERAL INTERNATIONAL LAW

(JUS COGENS)

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If a new peremptory norm of general international law emerges, any existing

treaty which is in conflict with that norm becomes void and terminates. 

SECTION 4. - PROCEDURE

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ARTICLE 65 - PROCEDURE TO BE FOLLOWED WITH RESPECT TO INVALIDITY, TERMINATION,

WITHDRAWAL FROM OR SUSPENSION OF THE OPERATION OF A TREATY

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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. 

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. 

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. 

4. Nothing in the foregoing paragraphs shall affect the rights or obligations

of the parties under any provisions in force binding the parties with regard to

the settlement of disputes. 

5. Without prejudice to article 45, the fact that a State has not previously

made the notification prescribed in paragraph 1 shall not prevent it from

making such notification in answer to another party claiming performance of the

treaty or alleging its violation. 

ARTICLE 66 - PROCEDURES FOR JUDICIAL SETTLEMENT, ARBITRATION AND CONCILIATION

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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 articles 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; 

(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 Annexe to the Convention by

submitting a request to that effect to the Secretary-General of the United

Nations. 

ARTICLE 67 - INSTRUMENTS FOR DECLARING INVALID, TERMINATING, WITHDRAWING FROM

OR SUSPENDING THE OPERATION OF A TREATY

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1. The notification provided for under article 65 paragraph 1 must be made in

writing. 

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 68 - REVOCATION OF NOTIFICATIONS AND INSTRUMENTS PROVIDED FOR IN

ARTICLES 65 AND 67

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A notification or instrument provided for in articles 65 or 67 may be revoked

at any time before it takes effect. 

SECTION 5. - CONSEQUENCES OF THE INVALIDITY, TERMINATION OR SUSPENSION OF THE

OPERATION OF A TREATY

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ARTICLE 69 - CONSEQUENCES OF THE INVALIDITY OF A TREATY

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1. A treaty the invalidity of which is established under the present Convention

is void. The provisions of a void treaty have no legal force. 

2. If acts have nevertheless been performed in reliance on such a treaty: 

(a) each party may require any other party to establish as far as possible in

their mutual relations the position that would have existed if the acts had not

been performed; 

(b) acts performed in good faith before the invalidity was invoked are not

rendered unlawful by reason only of the invalidity of the treaty. 

3. In cases falling under articles 49, 50, 51 or 52, paragraph 2 does not apply

with respect to the party to which the fraud, the act of corruption or the

coercion is imputable. 

4. In the case of the invalidity of a particular State's consent to be bound by

a multilateral treaty, the foregoing rules apply in the relations between that

State and the parties to the treaty. 

ARTICLE 70 - CONSEQUENCES OF THE TERMINATION OF A TREATY

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1. Unless the treaty otherwise provides or the parties otherwise agree, the

termination of a treaty under its provisions or in accordance with the present

Convention: 

(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. 

2. If a State denounces or withdraws from a multilateral treaty, paragraph 1

applies 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. 

ARTICLE 71 - CONSEQUENCES OF THE INVALIDITY OF A TREATY WHICH CONFLICTS WITH A

PEREMPTORY NORM OF GENERAL INTERNATIONAL LAW

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1. In the case of a treaty which is void under article 53 the parties shall: 

(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 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: 

(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