Article 59 of the Vienna Convention on the Law of Treaties

This contribution focuses on Article 59 of the Vienna Convention on the Law of Treaties (VCLT). It includes the provisions on the termination or suspension of the operation of a treaty implied by the conclusion of a later treaty. Article 59, which reflects customary international law, presents the resolution of a conflict between successive treaties concluded by the same parties on the same subject matter by envisaging the termination of the earlier treaty. Similar to most other provisions of the VCLT, Article 59 is a default rule as it becomes applicable when the parties to successive treaties have not provided for a specific solution. The entry details the application of the provision in general international law and international investment law, which do not deviate from each other in any significant way.