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The VCLT over the Last 50 Years: Developments in the Law of Treaties with a Special Focus on the VCLT’s Rules on Treaty Termination

The VCLT over the Last 50 Years: Developments in the Law of Treaties with a Special Focus on the... The VCLT over the Last 50 Years: Developments in the Law of Treaties with a Special Focus on the VCLT’s Rules on Treaty Termination Christina Binder I. Introduction The rules of the Vienna Convention on the Law of Treaties (VCLT) on treaty termination are one of the ‘hottest’ topics of the law of treaties. Treaty exit stands in direct opposition to the Convention’s ‘pillar’ principle, the pacta sunt servanda rule, which ree fl cts the good faith of the treaty parties in performance. At the same time, treaty exit may become necessary due to an imbalance in the treaty relationship, either owed to a treaty breach or for external reasons, as for instance subsequent change. The positions of the parties have to be balanced accordingly, especially in case of unilateral exit. The tension between stability and the need of exit is reflected in the importance given to the rules on termination in the VCLT: the whole part V, nearly 20 provisions, deals with invalidity and termination. This demonstrates the concern of the drafters as to the perceived danger exit poses to treaty stability. Not surprisingly, the corset of the VCLT’s rules on termination is strict. At the same time, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

The VCLT over the Last 50 Years: Developments in the Law of Treaties with a Special Focus on the VCLT’s Rules on Treaty Termination

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1573-6512
DOI
10.1163/15736512-02401009
Publisher site
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Abstract

The VCLT over the Last 50 Years: Developments in the Law of Treaties with a Special Focus on the VCLT’s Rules on Treaty Termination Christina Binder I. Introduction The rules of the Vienna Convention on the Law of Treaties (VCLT) on treaty termination are one of the ‘hottest’ topics of the law of treaties. Treaty exit stands in direct opposition to the Convention’s ‘pillar’ principle, the pacta sunt servanda rule, which ree fl cts the good faith of the treaty parties in performance. At the same time, treaty exit may become necessary due to an imbalance in the treaty relationship, either owed to a treaty breach or for external reasons, as for instance subsequent change. The positions of the parties have to be balanced accordingly, especially in case of unilateral exit. The tension between stability and the need of exit is reflected in the importance given to the rules on termination in the VCLT: the whole part V, nearly 20 provisions, deals with invalidity and termination. This demonstrates the concern of the drafters as to the perceived danger exit poses to treaty stability. Not surprisingly, the corset of the VCLT’s rules on termination is strict. At the same time,

Journal

Austrian Review of International and European Law Online – Brill

Published: Jun 1, 2021

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