4 Denunciation

The causes for termination of treaties are multiple, but they can be said to fall roughly into two categories: they can result either from the desire of one or more of the signatories to end up the matter or from unforeseen circumstances.

The first category includes treaties which contain fixed terms or denunciation clauses according to which the will of one of the signatories is sufficient to end them. The second includes, among unforeseen circumstances, the disappearance of the original purpose of a treaty or its obsolescence, whether it be established by the signatories or as the result of a major political event (war, disappearance of a state) leading to the cancellation of all the treaties binding the state in question with the rest of the international community. Moreover, a revolution affecting the form of a government can lead to the cancellation of previous treaties.

A treaty may specify the conditions of its termination, and a bilateral treaty may provide for denunciation by the parties. Where a treaty contains no provisions regarding its termination the existence of the right to denunciation depends on the intention of the parties, which can be inferred from the terms of the treaty and its subject matter, but, according to the Vienna Convention, the presumption is that the treaty is not subject to denunciation or withdrawal. Some important law-making treaties, including the Convention on the Law of the Sea of 1958, contain no denunciation clause. Treaties of peace are presumably not open to unilateral denunciation. Termination or withdrawal may take place by consent of all the parties. Such consent may be implied. In particular, a treaty may be considered as terminated if all the parties conclude a later treaty which is intended to supplant the earlier treaty or if the later treaty is incompatible with its provisions.

In the case of a bilateral treaty a notice of denunciation usually takes the shape of a formal notification addressed to the other government through the diplomatic agent accredited to the latter. Occasionally, after notice of denunciation is given, the treaty may be maintained, on the basis of a modus vivendi, by means of an exchange of notes, pending its replacement by a new treaty.

In the case of a multilateral treaty, it is usually provided that the notice shall be addressed to the government of the state wherein the treaty was signed, who shall inform the other contracting governments.

In the case of a convention signed under the auspices of the United Nations, it is usually provided that the notice shall be addressed to the Secretary-General.

EXHIBIT 29

NOTICE OF

DENUNCIATION

(of a treaty, convention, etc.)

Your Excellency,

I have the honour by the present note to give notice of the denunciation of the Treaty (Convention, etc.) on ... , to take effect on the expiry of one year from the present date, as provided for in Article ... of the Treaty (Convention, etc.).

I request Your Excellency to be good enough to communicate a duly certified copy of this notification to all the other States signatory to the Treaty (Convention, etc.).

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

……………………………

(signed)