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According to international practice, the termination of a treaty generally occurs in the following circumstances:
1.Expiration of the treaty. With the exception of indefinite treaties, general treaties have a definite duration.
The expiration of the treaty shall cease immediately unless it is extended in accordance with the provisions of the treaty. In addition, a treaty may be considered invalid if all the matters provided for in the treaty have been implemented. For example, in the case of agreements on international compensation, international debts, etc., once these obligations or matters have been completed, the treaty will cease to exist.
2.The treaty was replaced. As a result of a new treaty, the old treaty was replaced and became invalid.
3.Withdrawal. After the entry into force of the treaty, one of the contracting parties withdraws, and if there is a bilateral treaty, the entire treaty becomes invalid; In the case of variable contracts, the treaty becomes invalid for the withdrawing State, while the treaty itself remains in force.
4.Conflict. This is the case in both bilateral and multilateral treaties.
According to the principles of international law, the former treaty should be valid. However, if the latter treaty and the former treaty are not fundamentally contradictory and can be reconciled, the latter treaty can be valid, but the contradictory clause is invalid. If there is a fundamental contradiction between the former and the posterior treaties, then the latter treaty is null and void.
5.Fulfillment is impossible. When one of the parties to the treaty disappears, the implementation of the treaty is no longer possible, and the treaty is terminated. This situation mainly arises from accidents and force majeure.
6.Unilateral denunciation. Unilateral denunciation refers to the unilateral denunciation by a contracting party of a treaty to which it is a party. From the point of view of international law, all treaties that are legitimate should be observed and cannot be abrogated without authorization, but there are three situations in which unilateral abrogation of treaties is legal.
1) Abolish unequal treaties.
2) Termination of the treaty due to a breach of contract by one party.
3) Changing circumstances. The treaty is subject to termination if the underlying circumstances on which it was concluded change and the treaty is to be terminated.
7.Severance of diplomatic relations. Generally speaking, after the severance of diplomatic relations, the treaty is not terminated, but only temporarily. However, if the application of the treaty is conditional on the diplomatic or consular relations between the two parties, the treaty shall become invalid after the two countries have severed diplomatic relations.
8.War. In the case of war, in general, treaties between belligerents may lapse. However, treaties relating to the laws of war cannot be terminated.
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It can be the following three categories: States, international organizations, and nations that are striving for independence.
(a) The capacity of the State to conclude treaties.
The ability to conclude treaties is the most important manifestation of a sovereign state's ability to independently handle foreign relations, and the ability to legally conclude treaties in the international arena is called treaty-making capacity. The absence of such capacity means that the State effectively loses its status as an international personality.
A State's right to conclude a treaty must be exercised by the State in a unified manner, and sovereignty is indivisible. No administrative unit, locality**, etc., within a State, has the right to conclude treaties in a foreign State on behalf of the State, unless specifically authorized.
(ii) the contracting capacity of international organizations.
The capacity of international organizations to conclude treaties is widely recognized by the international community. Since international organizations do not have the same sovereignty as States, although international organizations have the right to participate in the conclusion of international treaties, this capacity is limited by the charter of the organization.
c) The ability to conclude an independent nation is being sought.
In addition to States and international organizations, national organizations that strive for independence have the status of subjects of international law within a certain scope, and therefore also have a certain capacity to conclude treaties.
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When concluding a contract, both parties should do not deceive or conceal what is right.
First of all, this is the question of a true/false question, and the argument of this question is correct. According to Xiansan's interpretation in the Modern Chinese Dictionary, a contract refers to "an instrument that proves the relationship between sale, mortgage, lease, etc." Therefore, equality and mutual trust between the two parties to the contract is the basic requirement, so it is necessary to do not cheat or conceal the brother Fu's family.
Introduction:
A contract, agreement, indenture originally refers to a document related to the relationship between two or more parties in relation to the sale, mortgage, lease and other relationships, which can be understood as "keeping promises".
There are spiritual contracts and written contracts, and the objects are diverse, which can be: business partners, close friends, lovers, countries, the world, all mankind, and contracts for themselves, etc., which can be agreed by "text contracts", "words", or "wordless" contracts.
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