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Suspension Of The Operation Of A Multilateral Treaty By Agreement Between Certain Of The Parties Only

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Chapter Summary

Article 58 of the Law of Treaties concerns the suspension of the operation of a multilateral treaty by agreement between certain of the parties only. If a treaty is suspended inter se, it becomes inoperative for some parties for a particular period of time, though the treaty régime itself is not affected. Article 58 lays down strict conditions for the suspension. It requires subparas. 1(a) and (b) that the possibility of such a suspension is provided for by the treaty; or at least that the suspension in question is not prohibited by the treaty. Moreover, it is stipulated in subparas. (b)(i) and (ii) that the suspension inter se does not affect the enjoyment by the other parties of their rights under the treaty or the performance of their obligations and, cumulatively, that it is not incompatible with the object and purpose of the treaty.

Keywords: 1965 Vienna Convention; Law of Treaties; multilateral treaty; suspension of operation



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