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Part IV Invalidity and Termination of Treaties, 21 Desuetude and Obsolescence of Treaties

Marcelo G. Kohen

From: The Law of Treaties Beyond the Vienna Convention

Edited By: Enzo Cannizzaro

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Treaties, invalidity, termination, suspension, withdrawal — Vienna Convention on the Law of Treaties

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.

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