Sunset Clauses in International Law and their Consequences for EU Law
PE 703.592
61
The ECT is silent on the issue of the modification only between certain parties. Hence, Article 41 of the
VCLT, which regulates this topic, offers guidance.
267
Given that the ECT has no provision regulating its
modification,
268
nor it is prohibited
269
a proposal to modify the ECT only for certain of the parties must
comply with two conditions: first whether a proposal to amend the ECT would affect the
enjoyment by
the other parties of their rights under the treaty or the performance of their obligations;
270
and second
whether or not such proposal would be incompatible with the effective
execution of the object and
purpose of the ECT as a whole.
271
In practice, the aforementioned conditions substantially restrict the content of any proposal to modify
the ECT only for certain parties. Theoretically speaking,
Dostları ilə paylaş: