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16 - Duration and termination

Anthony Aust
Affiliation:
University of London
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Summary

En toute chose il faut considérer la fin.

The length of this chapter demonstrates that this is an important topic, though it is often neglected. As also an international lawyer of some repute, La Fontaine is quite right: consideration of the duration and termination of a new treaty should not be left until the end of negotiations. Not only may the necessary provisions raise difficult technical questions, but they can also raise sensitive policy issues which should be discussed earlier rather than later in the negotiations. But, first, a note on terminology:

Denunciation denotes a unilateral act by which a party terminates its participation in a treaty. Lawful denunciation of a bilateral treaty terminates it. Although denunciation is also used in relation to a multilateral treaty, the better term is withdrawal, since withdrawal from a multilateral treaty will not normally result in its termination. While ‘denunciation’ is used in relation to treaties as a technical term, non-lawyers may see it as carrying undertones of its ordinary, condemnatory meaning. For this reason it should be avoided, if at all possible, ‘termination’ being much the better word.

Part V of the Convention, Articles 42–5 and 54–64, set out the various circumstances in which a treaty can be denounced, terminated or its operation suspended, other than on grounds of invalidity (for which see the next, much shorter, chapter). Unless the treaty otherwise provides, a party claiming that it is not bound by the treaty has the onus of establishing this.

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Publisher: Cambridge University Press
Print publication year: 2007

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  • Duration and termination
  • Anthony Aust, University of London
  • Book: Modern Treaty Law and Practice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511811517.021
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  • Duration and termination
  • Anthony Aust, University of London
  • Book: Modern Treaty Law and Practice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511811517.021
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Duration and termination
  • Anthony Aust, University of London
  • Book: Modern Treaty Law and Practice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511811517.021
Available formats
×