1980
United Nations — Treaty Series • Nations Unies — Recueil des Traités_____343
Article 44. SEPARABILITY OF TREATY PROVISIONS
1. A right of a party, provided for in a treaty or arising under article 56, to de
nounce, 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 of those
clauses was not an essential basis of the consent of the other party or parties to
be bound by the treaty as a whole; and
(c) Continued performance of the remainder of the treaty would not be unjust.
4. In cases falling under articles 49 and 50 the State 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. In 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
A State may no longer invoke a ground for invalidating, terminating, with
drawing from or suspending the operation of a treaty under articles 46 to 50 or ar
ticles 60 and 62 if, after becoming aware of the facts:
(a) It shall have expressly agreed that the treaty is valid or remains in force or con
tinues in operation, as the case may be; or
(b) It must by reason of its conduct be considered as having acquiesced in the validity
of the treaty or in its maintenance in force or in operation, as the case may be.
SECTION 2.
Article 46.
INVALIDITY OF TREATIES
PROVISIONS OF INTERNAL LAW REGARDING
COMPETENCE TO CONCLUDE TREATIES
1. A State may not invoke the fact that its consent to be bound by a treaty has
been expressed in violation of a provision of its internal law regarding competence to
conclude treaties as invalidating its consent unless that violation was manifest and
concerned a rule of its internal law of fundamental importance.
2. A violation is manifest if it would be objectively evident to any State con
ducting itself in the matter in accordance with normal practice and in good faith.
Article 47.
SPECIFIC RESTRICTIONS ON AUTHORITY TO EXPRESS
THE CONSENT OF A STATE
If the authority of a representative to express the consent of a State to be bound
by a particular treaty has been made subject to a specific restriction, his omission to
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