Article 59: Termination Or Suspension Of The Operation Of A Treaty Implied By Conclusion Of A Later Treaty
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 59 of the Law of Treaties relates to the termination or suspension of the operation of a treaty implied by conclusion of a later treaty. The opening sentence, referring simply to the earlier and later treaty, does not distinguish between treaties concluded for a fixed duration or for an unlimited period. The termination of the earlier treaty occurs informally and is implied once the later treaty has been concluded (there is no express termination or modification of the earlier treaty). It is here where Article 59 can be distinguished from Article 30 (q.v.). Para. 2 provides an exception to para. 1. There is virtually no practice on Article 59. Given the support it obtained in the ILC and in Vienna (N. 2), it can be assumed that the provision reflects a customary rule.