Philippine Bar review · Question

Practice question: General Principles of Treaty Law

Multiple Choice Hard

Practice question

A State causes the very impossibility on which it relies by breaching an obligation owed to the other treaty party. It invokes Article 61 as though its own breach were irrelevant. Which is best?
  1. Article 61(2) bars invoking impossibility resulting from that State’s specified breach
  2. A State always benefits from destroying the indispensable object itself
  3. The breach automatically transfers all treaty rights to it
  4. Responsibility is abolished by claiming impossibility
  5. Only the claim’s title matters

Legal references

  • Vienna Convention on the Law of Treaties: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf; Articles 54-55,61,63.

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