Draft article 3 Ipso facto termination or suspension

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

Cessation of the shipper's liability (draft article 36, former 43(2))

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

Draft article 8 concerned the way in which a treaty might be suspended or terminated in the case of an armed conflict between the parties.

It was suggested that the possibility of partial termination or suspension of treaties in particular situations also be envisaged in the draft article, since there existed no a priori requirement that a treaty be suspended or terminated as a whole.

The draft decree prohibiting the financing of terrorism and the facilitation of terrorist acts makes their commission punishable by sentencing to life imprisonment.

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

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

In particular, it would be important to ensure that any criteria on termination or suspension set out in the draft articles conformed to the Vienna Convention on the Law of Treaties.

Draft article 3 need not feature as a separate article, since its stipulation that an armed conflict did not ipso facto terminate or suspend the operation of treaties was implied by draft articles 4 to 7.

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.

Therefore, the draft avoids a definition of delivery. It just defines the beginning and the end of the period of responsibility of the carrier.

It shows that more than 50 per cent were terminated by legislation or for programmatic considerations.

Her Government supported the general thrust of the draft articles, which would promote the continuity of treaty obligations in times of armed conflict when there was no genuine need for the suspension or termination of the treaty.

The view was also expressed that draft article 6 was, strictly speaking, not necessary in light of draft article 3 whereby no treaty is ipso facto terminated or suspended by the outbreak of armed conflict that would include a treaty whose interpretation may be the occasion for a conflict.

Draft article 3 likewise posed a problem with its categorical statement that the outbreak of an armed conflict did not ipso facto terminate or suspend the operation of treaties.

Draft Convention on the Prohibition of the Use of Nuclear Weapons

Draft article 10 in its current form might be interpreted as giving an aggressor State the right to suspend or terminate certain treaties, thereby assisting it in an unlawful act.

That fact should be taken as a caveat concerning the final legal form of the draft articles.

6 p.m. Deadline for submission of draft proposals on item 6

Draft guideline 3.1.1, which spelled out categories of prohibited reservations, was inconsistent with draft guidelines 3.1.3 and 3.1.4 in that it did not refer to implicit prohibition.

Draft decision II Suspension of consultative status

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.

(c) The date of termination of the contract or contracts, if applicable.

Her delegation was thus in favour of retaining draft article 3, which expressly recognized that the outbreak of an armed conflict did not ipso facto terminate or suspend the operation of treaties.

The present draft articles are without prejudice to the competence of parties to an armed conflict to regulate the question of the maintenance in force or revival of treaties, suspended or terminated as a result of the armed conflict, on the basis of agreement.

Terminate

Prohibition of the dumping of radioactive wastes

6 p.m. Deadline for submission of draft proposals on items 9 and 10

6 p.m. Deadline for submission of draft proposals on items 7 and 8

6 p.m. Deadline for submission of draft proposals on items 9 and 10

However, a Draft Law Against All the Acts of Domestic Violence is currently being drafted.

Under draft article 4, paragraph 2 (b), the nature and extent of the armed conflict was referred to as a sine qua non for determining the intention of the parties to a treaty relating to its susceptibility to termination or suspension.

Ipso facto termination or suspension

Draft international convention for the suppression of acts of nuclear terrorism

6 p.m. Deadline for submission of draft proposals on items 3, 4 and 5

Terminator

Draft article 3 might prove useful if the determination, pursuant to article 4, whether a treaty was susceptible to termination or suspension in the event of an armed conflict was inconclusive.

Draft article 13 Cases of termination or suspension

32. In these circumstances, the Board decided to recommend the termination of the membership of ICITO in the Fund and presents herewith a draft resolution for the consideration of the General Assembly

29. Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba (D.29).

6 p.m. Deadline for submission of draft proposals on items 3 and 4

6 p.m. Deadline for submission of draft proposals on items 5 and 6

6 p.m. Deadline for submission of draft proposals on items 7 and 8