Separability of treaty provisions
1. A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw
from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless
the treaty otherwise provides or the parties otherwise agree.
2. A ground for invalidating, terminating, withdrawing from or suspending the operation of a
treaty recognized in the present Convention may be invoked only with respect to the whole treaty except
as provided in the following paragraphs or in article 60.
3. If the ground relates solely to particular clauses, it may be invoked only with respect to those
clauses where:
(a)
the said clauses are separable from the remainder of the treaty with regard to their application;
(b)
it appears from the treaty or is otherwise established that acceptance of those clauses was not an
essential basis of the consent of the other party or parties to be bound by the treaty as a whole; and
(c)
continued performance of the remainder of the treaty would not be unjust.
4. In cases falling under articles 49 and 50, the State entitled to invoke the fraud or corruption may
do so with respect either to the whole treaty or, subject to paragraph 3, to the particular clauses alone.
5. In cases falling under articles 51, 52 and 53, no separation of the provisions of the treaty is
permitted.
Official text
Machine-parsed
In force from 23 May 1969
Source page 16