조약법에 관한 비엔나 협약 제60조상 조약의 시행정지 ‒ 양자조약의 경우를 중심으로 이론과 사례 검토 ‒

Suspension of Treaties under the Article 60 of the VCLT ‒ focusing on the Theory and Practice of Bilateral Treaties ‒

According to the Article 60 of the 1969 Vienna Convention on the Law of Treaties, the material breach of a treaty gives an innocent State the power to invoke the breach as a ground for terminating or suspending the treaty. The suspension of the obligation of the treaty could compel the other State party to perform the obligation by depriving the beaching State of its right under the treaty. So the suspension of the operation of the treaty has the function to guarantee the implementation of the treaty. In the case of the joint development between Korea and Japan, Korea can request Japan to implement the obligation of the treaty. When Japan does not implement it, Korea can suspend the joint development agreement and is entitled to perform unilateral exploration including drilling the surface of the ocean floor over the JDZ for oil. In case of the INF Treaty between Russia and US, US has invoked the suspension of the treaty with the reason of the violation of the treaty from Russia. In the international law system which is not well equipped with the enforcement system, the Article 60 of the VCLT could be used as a meaningful tool to enforce States of implementation of the treaty.