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Questions and Answers
What are the subjective grounds for the termination of a treaty?
What are the subjective grounds for the termination of a treaty?
An individual party can terminate a treaty without the consent of other parties.
An individual party can terminate a treaty without the consent of other parties.
False
What is required for a subsequent abrogative treaty to replace an earlier treaty?
What is required for a subsequent abrogative treaty to replace an earlier treaty?
All parties must be identical.
Termination of a treaty may take place by consent of all parties after _____ with the other contracting States.
Termination of a treaty may take place by consent of all parties after _____ with the other contracting States.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Which of the following can allow for the withdrawal from a treaty?
Which of the following can allow for the withdrawal from a treaty?
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Resolutory clauses are irrelevant in determining the termination of a treaty.
Resolutory clauses are irrelevant in determining the termination of a treaty.
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What does the term 'termination' of treaties encompass?
What does the term 'termination' of treaties encompass?
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Termination of treaties can have retroactive effects.
Termination of treaties can have retroactive effects.
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Name one reason mentioned for the potential termination of a treaty.
Name one reason mentioned for the potential termination of a treaty.
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Termination of treaties typically requires the __________ of all parties involved.
Termination of treaties typically requires the __________ of all parties involved.
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Match the following terms related to treaty termination with their descriptions:
Match the following terms related to treaty termination with their descriptions:
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Which of the following is NOT a ground for terminating a treaty?
Which of the following is NOT a ground for terminating a treaty?
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The measures taken to terminate a treaty must be proportional to the grounds for termination.
The measures taken to terminate a treaty must be proportional to the grounds for termination.
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What principle should guide the interpretation of treaty termination provisions?
What principle should guide the interpretation of treaty termination provisions?
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Study Notes
Termination of International Treaties
- Treaties can end in several ways
- Termination includes the complete extinction of a treaty, suspension of the treaty as a whole or between some parties, or a state party withdrawing from the treaty
- Termination leads to the objective termination of the treaty; withdrawal restricts the personal application
- Termination is a formal process—often requiring consent from all parties, notification of intent, adherence to specific procedures, and defined effective dates
- Treaties usually specify the grounds for termination
- fulfillment of purpose
- parties' agreement
- expiration of a time period
- impossibility of performance
- supervening conflict with a subsequent treaty
- denunciation/withdrawal under special conditions
- The interpretation of termination provisions should align with good faith, equity, and international law objectives
- Measures to terminate a treaty should be proportionate to the grounds for termination
- Termination is usually not retroactive
- if only a provision is incompatible with or impossible to fulfill with a subsequent treaty, the treaty is terminated just for that provision
- Individual treaties may have provisions about termination (exceptions, extensions, or modifications to general principles)
- The terminations process should review and harmonize with international law, avoiding any conflict with existing commitments/obligations
- There are two types of circumstances leading to termination
- subjective: Based on the parties' will, expressed in the treaty itself or later
- objective: Based on events outside the parties' control, which may entail a right to terminate (e.g., fundamental change of circumstances)
Consent to Terminate Outside Treaty Provisions
- Parties can explicitly agree to terminate a treaty outside the treaty's terms
- Agreements can take several forms: separate agreement, diplomatic notes exchange, or a joint statement
- Article 54(b) allows termination or withdrawal by consent from all parties after consultation
Resolutory Clauses
- Some treaties contain clauses specifying automatic termination based on specific objectives, events, or the failure to meet obligations
Subsequent Abrogative Treaty
- A new treaty that replaces or contradicts a previous one, abrogates the earlier treaty
- This usually requires all parties to both treaties to be identical
Denunciation/Withdrawal
- Some treaties allow parties to denounce or withdraw under specific conditions (outlined in the treaty)
- This may require previous notice, fulfilling obligations, or invoking specific grounds (e.g., fundamental change of circumstances)
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Description
This quiz explores the various ways international treaties can be terminated, including complete extinction, suspension, and withdrawal by state parties. It covers the formal processes required for termination and the grounds that may justify it, emphasizing the importance of good faith and compliance with international law. Test your knowledge on the complexities of treaty law!
