Section 108p. 108

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

subject under international law independently of the

treaty.

ARTICLE 44

Separability of Treaty Provisions

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.

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.

3. If the ground relates solely to particular clauses, it may

be invoked only with respect to those clauses where:

(a) the said clauses are separable from the remainder of

the treaty with regard to their application;

(b) it appears from the treaty or is otherwise established

that acceptance of those clauses was not an essential

basis of the consent of the other party or parties to be

bound by the treaty as a whole; and

(c) continued performance of the remainder of the treaty

would not be unjust.

4. In cases falling under articles 49 and 50, the State

entitled to invoke the fraud or corruption may do so with

respect either to the whole treaty or, subject to paragraph

3, to the particular clauses alone.

5.

In

cases

falling under articles 51, 52 and 53, no

separation of the provisions of the treaty is permitted.

ARTICLE 45

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.

SECTION 2 Invalidity of Treaties

ARTICLE 46

Provisions of Internal Law Regarding Competence to

Conclude Treaties

1. A State may not invoke the fact that its consent to be

bound by a treaty has been expressed in violation of a

provision of its internal law regarding competence to

conclude treaties as invalidating its consent unless that

violation was manifest and concerned a rule of its internal

law of fundamental importance.

2. A violation is manifest if it would be objectively evident

to any State conducting itself in the matter in accordance

with normal practice and in good faith.

ARTICLE 47

Specific Restrictions on Authority to Express the Consent

of a State

If the authority of a representative to express the consent

of a State to be bound by a particular treaty has been

made subject to a specific restriction, his omission to

observe

that

restriction

may

not

be

invoked

as

invalidating the consent expressed by him unless the

restriction was notified to the other negotiating States

prior to his expressing such consent.

ARTICLE 48

Error

1. A State may invoke an error in a treaty as invalidating its

consent to be bound by the treaty if the error relates to a

fact or situation which was assumed by that State to exist

at the time when the treaty was concluded and formed

an essential basis of its consent to be bound by the treaty.

2. Paragraph 1 shall not apply if the State in question

contributed by its own conduct to the error or if the

circumstances were such as to put that State on notice of

a possible error.

3. An error relating only to the wording of the text of a

treaty does not affect its validity; article 79 then applies.

ARTICLE 49

Fraud

If a State has been induced to conclude a treaty by the

fraudulent conduct of another negotiating State, the

State may invoke the fraud as invalidating its consent to

be bound by the treaty.

ARTICLE 50

Corruption of a Representative of a State

If the expression of a State's consent to be bound by a

treaty has been procured through the corruption of its

representative

directly

or

indirectly

by

another

negotiating State, the State may invoke such corruption

as invalidating its consent to be bound by the treaty.

ARTICLE 51

Coercion of a Representative of a State

The expression of a State's consent to be bound by a

treaty which has been procured by the coercion of its

representative through acts or threats directed against

him shall be without any legal effect.

ARTICLE 52

Coercion of a State by the Threat or Use of Force

A treaty is void if its conclusion has been procured by the

threat or use of force in violation of the principles of

international law embodied in the Charter of the United

Nations.

ARTICLE 53

Treaties Conflicting with a Peremptory Norm of General

International Law ("Jus Cogens")

A treaty is void if, at the time of its conclusion, it conflicts

with a peremptory norm of general international law. For

the purposes of the present Convention, a peremptory

norm of general international law is a norm accepted and

recognized by the international community of States as a

whole as a norm from which no derogation is permitted

and which can be modified only by a subsequent norm of

general international law having the same character.

SECTION 3 Termination and Suspension of the

Operation of Treaties

ARTICLE 54

Termination of or Withdrawal from a Treaty Under its

Provisions or by Consent of the Parties

The termination of a treaty or the withdrawal of a party

may take place:

(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 55

Reduction of the Parties to a Multilateral Treaty Below

the Number Necessary for its Entry into Force

Unless the treaty otherwise provides, a multilateral treaty

does not terminate by reason only of the fact that the

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