The codification of the effects of armed conflicts on treaties: The International Law Commission’s draft articles

Abstract

Barely a year ago, the International Law Commission adopted on second reading a draft article on the effects of armed conflicts on treaties. Much of its importance lies in the fact that it is finally going to bridge one of the major gaps in the Law of treaties, as codified in the 1969 Vienna Convention, which, through the elusive formula in article 73, excluded this issue of the regulation. Thus, the primary objective of this study is to provide an analysis of the structure and scope of the draft articles and, fundamentally, to offer a review of the main principles and rules that it incorporates, always from a systemic perspective that allows to identify some possible problems that may involve its implementation in the future.