Article 55: Reduction Of The Parties To A Multilateral Treaty Below The Number Necessary For Its Entry Into Force
In: Commentary on the 1969 Vienna Convention on the Law of TreatiesSearch for other papers by M.E. Villiger in
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Abstract
Article 55 concerns a multilateral treaty, presupposing ex hypothesi after all denunciations and withdrawals a remaining minimum of two States parties for its continuing existence. The general rule is that a multilateral treaty does not terminate by reason only of the fact that the number of the parties falls below the number necessary for its entry into force. For a treaty's continued existence, no particular minimal number of treaty parties is envisaged, in particular not the number required for the treaty's entry into force. Article 55 does not deal with the situation where a multilateral treaty requires a particular State to become a party for its entry into force and this State subsequently withdraws from the treaty. Article 55 pursues two aims: It stipulates a general rule, while maintaining the relevance of any written provision in the treaty.