Aust's Modern Treaty Law and Practice

Normally, treaties contain express provision on duration and termination. These can take a variety of forms, including indefinite duration with a right to terminate, or a conditional right to terminate. Various types of clauses are examined, together with the situation where a treaty contains no provision for termination or withdrawal. A treaty may also be terminated by consent or by conclusion of a later treaty. The chapter examines the relationship between treaty provisions and countermeasures, and analyses the right of one or more parties to terminate or suspend a treaty for material breach. It also examines other grounds for termination, including supervening impossibility of performance and fundamental change of circumstances (rebus sic stantibus), the procedure for termination, and special circumstances such as the severance of diplomatic relations or outbreak of hostilities.