Article 56: Denunciation Of Or Withdrawal From A Treaty Containing No Provision Regarding Termination, Denunciation Or Withdrawal

Theodore Christakis (1)

1 CESICE - Centre d'études sur la sécurité internationale et les coopérations européennes

Article 56 expounds the general rule that a treaty which contains no provision regarding its termination and which does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal. The denunciation and withdrawal are possible if it is established that the parties intended to admit the possibility of denunciation or withdrawal. A right of denunciation or withdrawal may be implied by the nature of the treaty. The denunciation of a bilateral treaty brings the treaty to an end also for the other party; in the case of a party's withdrawal from a multilateral treaty, the treaty relations between that State and all other treaty parties are terminated. The party shall give notice of its intention to denounce or withdraw from a treaty. The solution, widely supported by States in Vienna, provides for a sound balance between the general rule and the exceptions, between stability and orderly change.

Mots clés: Article 56; Denunciation; Termination; Treaty

Domaines: Droit

Theodore Christakis. Article 56: Denunciation Of Or Withdrawal From A Treaty Containing No Provision Regarding Termination, Denunciation Or Withdrawal: Commentary of Article 56 of the 1969 Vienna Convention on the Law of Treaties. Olivier Corten; Pierre Klein. The Vienna Conventions on the Law of Treaties : a commentary, Oxford University Press, pp.1251-1276, 2011, 978-0-19-957352-3. ⟨10.1163/ej.9789004168046.i-1058.352⟩. ⟨hal-01803925⟩