Abstract

This provision, which is closely related to Art 74, separates the political issue of diplomatic (and to a lesser extent also consular) relations between States from the legal issues pertaining to their treaty relations. Treaties being important both “as a source of international law and as a means of developing peaceful co-operation among nations”, irrespective of their different constitutional and social systems, the international community has a strong interest in preserving their stability and making them independent of the volatility of diplomatic (and consular) relations. This is why the severance (or absence) of such relations neither prevents the conclusion of treaties between States (Art 74), nor does it affect their legal relations under existing treaties (Art 63). Ultimately, Art 63 constitutes a confirmation of the principle of pacta sunt servanda.

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