Denunciation
Encyclopedia
Denunciation or abrogation 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 .
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"http://www.un.org/law/ilc/texts/treaties.htm. 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 . 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.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
'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
Single Convention on Narcotic Drugs
The Single Convention on Narcotic Drugs of 1961 is an international treaty to prohibit production and supply of specific drugs and of drugs with similar effects except under licence for specific purposes, such as medical treatment and research...
' Article 41 specifies that the treaty will terminate if, as a result of denunciations, the number of Parties falls below 40 .
Treaties without termination clauses
Article 42 of The Vienna Convention on the Law of TreatiesVienna Convention on the Law of Treaties
The Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...
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"http://www.un.org/law/ilc/texts/treaties.htm. Article 56 states that if a treaty does not provide for denunciation, withdrawal, or termination, it is not subject to denunciation or withdrawal unless:
- it is established that the parties intended to admit the possibility of denunciation or withdrawal; or
- a right of denunciation or withdrawal may be implied by the nature of the treaty.
Any withdrawal under Article 56 requires 12 months' notice.
The Vienna Convention does not apply to all nations; the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, for instance, is not a Party . 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.