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![](/i/favi32.png) Sunset Clauses in International Law and their Consequences for eu lawIPOL STU(2022)703592 EN2.
TYPOLOGY OF SUNSET CLAUSES
Formally speaking, the construction of sunset clauses diverges, as there is no specific configuration.
However, the construction of such clauses take on a standardized form especially when it becomes part
of a specific type of treaty.
The identification and documentation of the major classifications of
sunset clauses are necessary for understanding first, their legal effect and, second the variety of
options such clauses provide to policymakers and drafters of treaties
.
In terms of the construction of the clause, sunset clauses have two major components (or variables):
the scope of the clause and the expiration date. The systematic research on these two components,
allows us to classify such clauses: (a), based on the scope of the clause (i) between entire and sectional
sunset clause, or (ii) between direct or indirect sunset clauses, and, (b) based on the expiration date
between conditional and unconditional.
2.1.
Entire and sectional
The distinction between the entire and sectional sunset clause is a typology related to the construction
of the clause, especially concerning its scope.
‘Entire’ classifies the sunset clause by reference to the
treaty as a whole, providing the expiration of all provisions at the same time and
erga omnes
.
For
instance, an entire sunset clause was included in the European Community of Steel and Coal (ECSC)
according to which the treaty provisions expired erga omnes.
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In like manner, an entire sunset clause
was included in the Russia – United Kingdom Agreement about the destruction of chemical weapons
reached in 2001, which was set to expire no later than 31 March 2004.
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Such expiration affects both
Russia and United Kingdom.
By way of contrast,
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