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Procedure To Be Followed With Respect To Invalidity, Termination, Withdrawal From Or Suspension Of The Operation Of A Treaty

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Chapter Summary

Article 65 applies where there is an alleged defect in a party's consent to be bound by a treaty or a ground for impeaching the validity of a treaty, terminating it, withdrawing from it or suspending its operation. The defects and grounds are those to be found under the provisions of the present Convention. Articles 65-68 have a turbulent history. However, it would not do justice to these provisions to limit their appreciation to the struggles in Vienna. The conference actually discussed aspects of the settlement of disputes rather than of the law of treaties. Some states were worried about insufficient safeguards in particular in respect of jus cogens. The states attempted to impose, via a convention on the law of treaties, a general system of compulsory judicial settlement, thereby jeopardising the entire enterprise of the codification of the law of treaties.

Keywords: convention; jeopardise; law of treaty; treaty



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