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Loss Of A Right To Invoke A Ground For Invalidating, Terminating, Withdrawing Fromor Suspending The Operation Of A Treaty

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Chapter Summary

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, it shall have expressly agreed that the treaty is valid or remains in force or continues in operation, as the case may be or 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. The grounds upon which treaties may be invalidated, terminated or suspended in operation according to Part V of the Convention involve certain risks of abuse. Thus, a State, having discovered a ground of invalidity, termination or suspension, may conduct itself so as to entitle other parties to assume that the treaty was still in force.

Keywords: invalidity; suspension; termination; treaty

10.1163/ej.9789004168046.i-1058.284
/content/books/10.1163/ej.9789004168046.i-1058.284
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