Sunset Clauses in International Law and their Consequences for EU Law
PE 703.592
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However, in the event the application of a sunset clause would lead to a conflict or an overlap between
the primary rules in two treaties: how such an overlap or conflict would be resolved is regulated by
Articles 30 and 31 of the VCLT. As Shaw accurately clarifies, ‘the rules laid down in Article 30 provide a
general guide and in many cases the problem will be resolved by the parties themselves expressly.’
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In other words, Article 30 of the VCLT offers guidance on how a conflict will be resolved in case two
treaties regulated the same subject matter. Such guidance does not prohibit
the parties in two treaties
with the same subject matter to include rules of conflict based on which they resolve conflicts.
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Malcolm Shaw,
International Law
(CUP, 2008, 6
th
ed) 928.
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For more analysis about the conflict between two treaties, see below Part 5.1.
IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
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PE 703.592
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