Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Article 39: General Rule Regarding The Amendment Of Treaties

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Article 39 contains the general rule regarding the amendment of treaties. A treaty may be amended by agreement between the parties. Traditionally, the amendment required the agreement of all parties. Eventually, more flexibility was achieved when practices developed enabling some parties to a treaty to modify multilateral treaties, the original treaty remaining in force for the other parties, which did not accept the amendment. The term agreement serves as a common denominator of all forms of amending a treaty. The provision, reflecting a customary rule, focuses on the contractual practice of States parties among which the treaty may eventually be modified. Its flexibility and residual nature duly consider the notorious difficulties of amending multilateral treaties and gave the treaty parties full liberty to agree on their own procedures for amendment. The amendment procedures correspond with the dynamic nature of international law, while striking a balance between stability and change.

Keywords: amendment; Article 39; international law; treaties

10.1163/ej.9789004168046.i-1058.253
/content/books/b9789004180796_045
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Commentary on the 1969 Vienna Convention on the Law of Treaties — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation