IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
34
PE 703.592
‘although a later treaty for a fixed term will not necessarily abrogate an earlier treaty with longer or
indefinite duration, there is likely to be a presumption that the Parties intended that effect. The
earlier
treaty will only be considered as suspended in operation if it appears from the later treaty, or it is
otherwise established, that that was the intention of the Parties’.
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Furthermore, the construction of the sunset clause is of paramount importance. When Parties draft the
sunset clause, they might select a more complex framework for the sunset clause with different
expiration dates for different parts of the treaty. In addition, they might select different expiration dates
for different Parties.
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Such a complicated construction is selected, for instance, in investment treaties.
As it was seen above, one sectional sunset clause terminates the provisions of the treaty for the
signatories and for future investors, and another sunset clause terminates the
provisions of the treaty,
on a different day, for the investments already made.
Turning to the second consequence of the automatic expiration,
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