Sunset Clauses in International Law and their Consequences for EU Law
PE 703.592
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In
like manner, the Interim Agreement reached by the Government of the State of Israel and the
Palestine Liberation Organization on the West Bank and the Gaza Strip, also known as ‘Oslo II’ was
subject to a five-year sunset clause.
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Such agreement was aiming to set a transitional period in the
peace process before reaching a final agreement between the two conflicting parties.
On the other hand, transitory issues are, for instance, the withdrawal from a treaty. States in most
treaties have the power to withdraw unilaterally; however, the withdrawal is subject to conditions.
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For instance, a transitory period between the notification of withdrawal and the treaty’s cessation to
the withdrawing State is required. Such a period between the notification and the actual withdrawal is
actually the common ground necessary to bridge the gap between two key principles of international
law: the strict
application of
pacta sunt servanda
and the unconstrained state sovereignty.
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