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Consequences Of The Invalidity Of A Treaty Which Conflicts With A Peremptory Norm Of General International Law

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Chapter Summary

Article 71 proposes two conditions to the parties in the case of a treaty void under Article 50 that the parties shall: (a) eliminate as far as possible the consequences of any act performed in reliance on any provision which conflicts with the peremptory norm of general international law; and (b) bring their mutual relations into conformity with the peremptory norm of general international law. Article 71 has an intended pedagogical function in that it emphasises the different consequences of the original nullity of a treaty as in Article 53, and the subsequent annulment of the treaty as under Article 64. On the whole, Article 71 aims not so much at adjusting the position of the treaty parties in relation to each other as to their obligation to bring their position into conformity with a conflicting rule of jus cogens.

Keywords: conformity; international law; invalidity; pedagogical function; peremptory norm; treaty



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