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The Law of Treaties Beyond the Vienna Convention$
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Enzo Cannizzaro

Print publication date: 2011

Print ISBN-13: 9780199588916

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199588916.001.0001

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Desuetude and Obsolescence of Treaties

Desuetude and Obsolescence of Treaties

Chapter:
(p.350) 21 Desuetude and Obsolescence of Treaties
Source:
The Law of Treaties Beyond the Vienna Convention
Author(s):

Marcelo G. Kohen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588916.003.0021

This chapter addresses the topics of desuetude and obsolescence of treaties. These grounds for the termination of treaties were not included in the Vienna Conventions on the Law of Treaties neither at the behest of the International Law Commission nor during the Vienna Conferences. It analyses whether the failure to include these grounds of termination in the Vienna Conventions is justified. It concludes that the Vienna Conventions rightly did not include desuetude, which does not find a place in international law. In contrast, obsolescence of treaties is a ground for the termination of treaties that exists outside the regime of the Vienna Conventions, and it applies when a change in the legal framework of a treaty renders whole or part of the treaty inapplicable.

Keywords:   desuetude, obsolescence, termination of treaties, Vienna Convention

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