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Article 59: Termination Or Suspension Of The Operation Of A Treaty Implied By Conclusion Of A Later Treaty

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Chapter Summary

Article 59 of the Law of Treaties relates to the termination or suspension of the operation of a treaty implied by conclusion of a later treaty. The opening sentence, referring simply to the earlier and later treaty, does not distinguish between treaties concluded for a fixed duration or for an unlimited period. The termination of the earlier treaty occurs informally and is implied once the later treaty has been concluded (there is no express termination or modification of the earlier treaty). It is here where Article 59 can be distinguished from Article 30 (q.v.). Para. 2 provides an exception to para. 1. There is virtually no practice on Article 59. Given the support it obtained in the ILC and in Vienna (N. 2), it can be assumed that the provision reflects a customary rule.

Keywords: 1965 Vienna Convention; earlier treaty; ILC; later treaty; Law of Treaties; suspension; termination of operation

10.1163/ej.9789004168046.i-1058.368
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