Material Breach of International Treaty Provisions in Light of the 1969 Vienna Convention

Abstract

This research addresses the critical legal issue of the material breach of international treaty provisions, examining it as a fundamental ground for the termination or suspension of international agreements under the 1969 Vienna Convention on the Law of Treaties. The study is organized into three comprehensive sections to provide a clear legal analysis. The first section explores the conceptual definition of a material breach and its legal consequences, specifically outlining how such breaches are categorized under the Vienna Convention. The second section provides a vital distinction between a material breach and the termination of a treaty through unilateral will or withdrawal, clarifying the legal boundaries of each action. The third section examines international judicial practice by reviewing significant rulings from the International Court of Justice and international arbitration tribunals, demonstrating how judicial bodies apply these principles to real-world disputes. Utilizing a descriptive-analytical methodology, the researcher identifies that while a material breach typically terminates bilateral treaties, multilateral treaties often remain in force for other parties despite the violation. The research concludes that international jurisprudence consistently recognizes material breach as a legitimate reason for ending or suspending treaty obligations. Key recommendations include reinforcing the principle of pacta sunt servanda implementing treaties in good faith and establishing an international monitoring mechanism to ensure compliance and hold violating states accountable.