Section 109p. 109

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

number of the parties falls below the number necessary

for its entry into force.

ARTICLE 56

Denunciation of or Withdrawal from a Treaty Containing

No Provision Regarding Termination, Denunciation or

Withdrawal

1. A treaty which contains no provision regarding its

termination and which does not provide for denunciation

or

withdrawal

is

not

subject

to

denunciation

or

withdrawal unless:

(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

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

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

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

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

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

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

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