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Obligations Imposed By International Law Independently Of A Treaty

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Chapter Summary

The invalidity, termination or denunciation of a treaty, the withdrawal of a party from it, or the suspension of its operation as a result of the application of the present Convention or of the provisions of the treaty, shall not in any way impair the duty of any State to fulfill any obligation embodied in the treaty to which it would be subject under international law independently of the treaty. The obligations are derived in particular from customary international law, possibly also from general principles of international law. Article 43 possesses no normative quality. Its function is solely that of a "general reservation" on the conditions of existing customary law, without entering into the matter in any detail. Article 43 does not state how the obligation underlying the impeached treaty rule arises or to what extent it is binding. The provision confirms the continuing role of customary international law.

Keywords: Article 43; international law; termination; treaty; Vienna Convention



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