40 years after the entry into force of the Vienna Convention on the Law of Treaties, the customary nature of many of rules stated in its provisions continues to be debated. These include Article 56 concerning the withdrawal from a treaty which does not contain provisions regarding termination or withdrawal. While scholars seemed to exclude that this provision corresponded to a customary norm at the time when the Vienna Convention was concluded, more recent writers argue that the chapeau and sub-paragraph 1(a) of Article 56 correspond to customary rules. The present work aims to contribute to this debate, moving from a critical evaluation of opinions expressed by scholars
RIFLESSIONI SULLA NATURA CONSUETUDINARIA DELLE REGOLE ENUNCIATE NELL’ART. 56 DELLA CONVENZIONE DI VIENNA SUL DIRITTO DEI TRATTATI
Tino E
2020-01-01
Abstract
40 years after the entry into force of the Vienna Convention on the Law of Treaties, the customary nature of many of rules stated in its provisions continues to be debated. These include Article 56 concerning the withdrawal from a treaty which does not contain provisions regarding termination or withdrawal. While scholars seemed to exclude that this provision corresponded to a customary norm at the time when the Vienna Convention was concluded, more recent writers argue that the chapeau and sub-paragraph 1(a) of Article 56 correspond to customary rules. The present work aims to contribute to this debate, moving from a critical evaluation of opinions expressed by scholarsI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
