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Denunciation (international law)

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In ordinary English usage, denunciation, from to denounce is essentially an accusation of wrongdoing. In the context of a treaty, denunciation or abrogation is the announcement of its termination. Some treaties contain a clause that specifies that the treaty will terminate if a certain number of nations denounce the treaty. For instance, the Single Convention on Narcotic Drugs' Article 46 specifies that the treaty will terminate if, as a result of denunciations, the number of Parties falls below 40.

Treaties without termination clauses

Article 42 of The Vienna Convention on the Law of Treaties states that "termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of the application of the provisions of the treaty or of the present Convention". Article 56 states that if a treaty does not provide for denunciation, withdrawal, or termination, it is not subject to denunciation or withdrawal unless:

  • it is established that the parties intended to admit the possibility of denunciation or withdrawal; or
  • a right of denunciation or withdrawal may be implied by the nature of the treaty.

Any withdrawal under Article 56 requires 12 months' notice.