Denunciation refers to the announcement of a treaty's termination. Some treaties contain a termination clause that specifies that the treaty will terminate if a certain number of nations denounce the treaty. For instance, the Single Convention on Narcotic Drugs' Article 41 specifies that the treaty will terminate if, as a result of denunciations, the number of Parties falls below 40 [1].

Treaties without termination clauses

Article 42 of The Vienna Convention on the Law of Treaties states that "termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of the application of the provisions of the treaty or of the present Convention"[1]. Article 56 states that if a treaty does not provide for denunciation, withdrawal, or termination, it is not subject to denunciation or withdrawal unless:

Any withdrawal under Article 56 requires 12 months' notice.

The Vienna Convention does not apply to all nations; the United States, for instance, is not a Party [2]. This makes it unclear exactly how much notice the U.S. must give when withdrawing from treaties lacking a termination clause. For example, on March 7, 2005, the U.S. announced that it was withdrawing from the Consular Convention’s Optional Protocol Concerning the Compulsory Settlement of Disputes, a treaty that lacks a termination clause.

References

  1. ^ http://www.incb.org/e/conv/1961/articles_II.htm#41
  2. ^ ASIL Insights: President Bush's Determination Regarding Mexican Nationals and Consular Convention Rights

Categories: International law | Treaties

 

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