the authors of the complaint had alleged that the termination of their self government violates article 1 of the Covenant.

(a) Effective measures aimed at the cessation of continuing violations

Draft article 14 The revival of terminated or suspended treaties

Draft article 14 The revival of terminated or suspended treaties

Those measures may include the possibility of actions available under Article 4, such as ensuring that the supply of methyl chloroform (that is, the subject of non compliance) is ceased so that exporting Parties are not contributing to a continuing situation of non compliance.

Those measures may include the possibility of actions available under Article 4, such as ensuring that the supply of methyl bromide (that is, the subject of non compliance) is ceased so that exporting Parties are not contributing to a continuing situation of non compliance.

Lease terminated by 31 October 1997

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.

Protection of tenants against an unreasonable termination of the lease by the owner

Those measures may include the possibility of actions available under Article 4, such as ensuring that the supply of the Annex E substance (methyl bromide) (that is, the subject of non compliance) is ceased so that exporting Parties are not contributing to a continuing situation of non compliance.

Those measures may include the possibility of actions available under Article 4, such as ensuring that the supply of carbon tetrachloride (that is, the subject of non compliance) is ceased so that importing or exporting Parties are not contributing to a continuing situation of non compliance.

The State party is under an obligation to avoid similar violations in the future.

Those measures may include the possibility of actions available under Article 4, such as ensuring that the supply of methyl chloroform and methyl bromide (that is, the subjects of non compliance) is ceased so that exporting Parties are not contributing to a continuing situation of non compliance.

The State party is also under an obligation to prevent similar violations in the future.

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

A few laws expressly give the project company the right to terminate the agreement in the event of default or failure by the host Government to perform its obligations.

Third, the party wishing to invoke the doctrine to terminate the obligations of the treaty cannot denounce the treaty unilaterally, but must seek the consent of the other party or parties to its release.

If the doctrine was correctly applied, the treaty came to an end because of the violation of its terms, rather than because of an inconsistency between its performance and the hostilities.

Tobin, The Termination of Multipartite Treaties, 1933, pp. 89 95.

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

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

(a) The irrebuttable presumption, based upon State practice, that bilateral treaties are terminated, subject to express provisions indicating the contrary

The separability of treaty provisions was until comparatively recently considered almost exclusively in connexion with the right to terminate a treaty on the ground of a breach of the other party.

The State party is also under an obligation to take measures to prevent similar violations in the future.

The susceptibility to termination or suspension of treaties in case of an armed conflict is determined in accordance with the intention of the parties at the time the treaty was concluded.

In accordance with the general principles of the law of treaties, the reliance upon the principle of intention is without prejudice to the termination or suspension of treaties as a consequence of (a) the agreement of the parties or (b) a material breach or (c) supervening impossibility of performance or (d) a fundamental change of circumstances.

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

The Committee urges the State party to cease using the methods referred to above.

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

The State party is also under an obligation to prevent similar violations in the future.

The State party is under an obligation to take measures to prevent similar violations in the future.

4 ( Countermeasures are to be clearly distinguished from the termination or suspension of treaty relations on account of the material breach of a treaty by another State ) Ibid. at p. 171, para. 4 (force majeure is an excuse for non performance and cannot terminate or suspend treaties) Ibid. at p. 181, para. (4) ( Where countermeasures are taken in accordance with article 22, the underlying obligation is not suspended, still less terminated ).

Terminate

A State committing aggression within the meaning of the Charter of the United Nations and resolution 3314 (XXXIX) of the General Assembly of the United Nations shall not terminate or suspend the operation of a treaty if the effect would be to benefit that State.

21.5 In the case of any violation of this contract not covered by section 21.1 (a) hereof, or in lieu of suspension or termination under section 21.1 hereof, the Council may impose upon the Contractor monetary penalties proportionate to the seriousness of the violation.

The applicants argued that the lifetime ban violated sections 7, 12 and 15 of the Charter and that they should obtain a suspension from its application to them.

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.

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

Ipso facto termination or suspension

Terminator

The breach would consist in the failure, on the part of the international organization, to comply with its obligation of prevention.

A State committing aggression within the meaning of the Charter of the United Nations and resolution 3314 (XXIX) of the General Assembly of the United Nations shall not terminate or suspend the operation of a treaty if the effect would be to benefit that State.

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