A treaty is an agreement between two or more states whereby they established the relationship under International Law. There are various grounds for the termination of the treaty such as expiry of specified period for which a treaty was concluded, fulfillment of purpose or object, termination by mutual consent etc.
Meaning and Definition of Treaties
Treaty means an International agreement concluded between States in written form and governed by International Law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.
According to Oppenheim International Treaties are agreements, of a contractual character between States or organizations of States, creating legal rights and obligations between the Parties. A treaty is an important Source of International Law and an Instrument for imposing the binding obligation.
Formation of Treaties
See also.... Various Stages of the Formation of treaties
Termination of treaties
Must Read in detail..... Termination of Treaties
Termination of treaties by Mutual Consent :
The parties to a treaty are its master and, therefore, International Law does not lay any difficulties in their way if, by mutual consent, they wish to terminate the treaty or the treaty grants a unilateral right of denunciation to any or all of the parties thereto.
Three ways for Termination of Treaties
There are three ways for termination by mutual consent are as follows :
i) Recession
The Parties to the treaty or agreement can expressly declare that the treaty shall be dissolved, this mode of dissolution by mutual consent is known as Recession.
ii) Substitution
When the parties to the treaty, come to the conclusion that for the interest of the parties to the agreement a new agreement must be substituted for the old one, then the new treaty become enforceable and old treaty stand terminated, and it becomes inoperative.
iii) Renunciation
If a treaty imposes obligations upon one of the contracting state only, the other party can renounce its right in such cases the state under an obligation must accept the renunciation.
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