Ipso facto termination or suspension

Ipso facto termination or suspension

Article 8. Mode of suspension or termination

Draft article 3 Ipso facto termination or suspension

Draft article 8 Mode of suspension or termination

Draft article 13 Cases of termination or suspension

A discussion of the possible outcome in terms of suspension or termination necessarily raised the question of the mode of suspension or termination.

Article 3. Ipso facto termination or suspension 34 40

Article 8. Mode of suspension or termination 68 70

Suspension, termination and resignation

Article 17 quinquies Modification, suspension, termination

The matter of procedure, however, does not affect the right of termination or suspension.

Those might include, for example, suspension or termination of existing proceedings in the enacting State.

The indicia of susceptibility to termination or suspension of treaties in case of an armed conflict

The indicia of susceptibility to termination or suspension of treaties in case of an armed conflict

For example, suspension or termination of members or alternates of the Executive Board (see CDM modalities and procedures, paragraph 10).

In case of an armed conflict the mode of suspension or termination shall be the same as in those forms of suspension or termination included in the provisions of articles 42 to 45 of the Vienna Convention on the Law of Treaties.

In case of an armed conflict the mode of suspension or termination shall be the same as in those forms of suspension or termination included in the provisions of articles 42 to 45 of the Vienna Convention on the Law of Treaties.

It was also suggested that termination and suspension be distinguished.

The present draft articles are without prejudice to the termination or suspension of treaties as a consequence of

Draft article 4 The indicia of susceptibility to termination or suspension of treaties in case of an armed conflict

Status of third States as neutrals, Article 13. Cases of termination or suspension and Article 14. The revival of terminated or suspended treaties

To use such intention as a criterion might therefore not be enough to determine the termination or suspension of treaties.

Article 4. The indicia of susceptibility to termination or suspension of treaties in case of an armed conflict 41 48

It supported the proposition that continuity of treaty obligations in armed conflict should be encouraged in cases where there was no genuine need for suspension or termination, and that, in formulating the draft articles, a pragmatic approach should be taken towards determining whether suspension or termination was actually necessary.

Lastly, draft article 11 might trigger controversy over whether the Security Council could order the termination or suspension of treaty obligations.

The intention of the parties to a treaty relating to its susceptibility to termination or suspension shall be determined in accordance

Draft article 4 dealt with the indicia of susceptibility to termination or suspension of treaties in case of an armed conflict.

Indeed, it was suggested that the articles should not rule out the possibility of automatic suspension or termination in some cases.

Status of third States as neutrals, Article 13. Cases of termination or suspension and Article 14. The revival of terminated or suspended treaties 79 82

Although the draft article referred to susceptibility to suspension or termination, none of the subsequent provisions explicitly defined the legal consequences thereof.

Suspension or termination of mass media activity requires the decision of the founder or a decision of the court upon application from the registering authority or the Prosecutor.

The exercise (or not) of a competence to derogate would not prevent another party to the treaty asserting that a suspension or termination was justified ab extra.

The point in play here stems from the consideration that suspension or termination does not take place ipso facto and by operation of law.

(2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension or modification of that interim measure.

(2) The scope, and the modification or termination, of the stay and suspension referred to in paragraph (1) of this article are subject to refer to any provisions of law of the enacting State relating to insolvency that apply to exceptions, limitations, modifications or termination in respect of the stay and suspension referred to in paragraph (1) of this article .

2. The scope, and the modification or termination, of the stay and suspension referred to in paragraph 1 of this article are subject to refer to any provisions of law of the enacting State relating to insolvency that apply to exceptions, limitations, modifications or termination in respect of the stay and suspension referred to in paragraph 1 of this article .

A severance pay by the employer on account of the termination of the employment relationship leads to a further suspension of the right to unemployment benefits if a period of suspension has to be observed as a result of the termination of the employment relationship.

That would be the case where the treaty expressly or implicitly indicated the intention of the parties concerning the termination or suspension of the treaty in the event of an armed conflict.

In draft article 4, the Special Rapporteur had made the intention of the parties to a treaty the main yardstick for ascertaining its susceptibility to termination or suspension.

(d) In this same context, when treaties do not continue, should the preferred outcome be temporary suspension rather than termination?

If the rules of international law did not prohibit termination or suspension of a treaty, the exercise of that right should not be affected by the legality or otherwise of the use of force.

Such organizations were affected by the application of treaties in wartime and a State or the organization itself might incur responsibility as a result of the wrongful suspension or termination of certain treaty obligations.

The question remaining with regard to the effect of armed conflict on treaties is whether it fits one of these two paradigms, or whether it could both operate automatically and justify termination or suspension.

However, the competence to derogate in time of war or other public emergency threatening the life of the nation certainly provides evidence that an armed conflict as such does not result in suspension or termination.