Article 44

Separability of treaty provisions

1. A right of a party, provided for in a treaty or arising under article 56, to denounce,

withdraw from or suspend the operation of the treaty may be exercised only with

respect to the whole treaty unless the treaty otherwise provides or the parties otherwise

agree.

2. A ground for invalidating, terminating, withdrawing from or suspending the operation

of a treaty recognized in the present Convention may be invoked only with respect to

the whole treaty except as provided in the following paragraphs or in article 60.

3. If the ground relates solely to particular clauses, it may be invoked only with respect

to those clauses where:

a) the said clauses are separable from the remainder of the treaty with regard to

their application;

b) it appears from the treaty or is otherwise established that acceptance ofthose

clauses was not an essential basis ofthe consent of the other party or parties

to be bound by the treaty as a whole; and

e) continued performance ofthe remainder ofthe treaty would not be unjust.

4. ln cases falling under articles 49 and 50, the State or intemational organization

entitled to invoke the fraud or corruption may do so with respect either to the whole

treaty or, subject to paragraph 3, to the particular clauses alone.

5. .ln cases falling under articles 51, 52 and 53, no separation of the provisions of the

treaty is permitted.

Article 45

Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or

suspending the operation of a treaty

1. A State may no longer invoke a ground for invalidating, terminating, withdrawing

from or suspending the operation of a treaty under articles 46 to 50 or articles 60 and

62 if, after becoming aware ofthe facts:

a) it shall have expressly agreed that the treaty is valid or remains in force or

continues in operation, as the case may be; or

II SÉRIE-A — NÚMERO 43 ______________________________________________________________________________________________________

264