Sunset Clauses in International Law and their Consequences for EU Law
PE 703.592
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a treaty would lapse automatically on a fixed date when the sunset clause defines that ‘the
treaty would
expire on December 2021’. On the other hand, a treaty would expire after the passage of a period of
time when the sunset clause defines that ‘the Treaty is concluded for a period of fifty years from its
entry into force.’
Sunset clauses refer to the
end of the life of the treaty, and their exact contrasting clause is the
commencement clauses, which define the start of the life of the treaty.
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By including a sunset clause in
a provision of a treaty, such treaty is rendered of temporary nature with a limited lifespan, opposed to
permanent laws and treaties, which aim to stay in force perpetually.
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The term ‘sunset clauses’ was coined and its use was popularised in the US in the 1970s after the
Watergate scandal.
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Within literature, such a clause is also described with different terms. At the
national level, we find the
terms time-limitation clause,
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duration clause,
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or a temporary provision.
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At the international level, especially in treaties in relation to investments, we find the terms ‘continuing
effects clause’,
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‘transitional provisions’,
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‘grandfather clauses’
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or ‘survival clauses’.
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Although
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