1986 Vienna Convention

Abstract This chapter examines Article 61 of the 1986 Vienna Convention, which defines how parties can invoke the impossibility of terminating or suspending a treaty. It specifies that parties can only claim impossibility if the permanent disappearance or destruction of an indispensable object prevents treaty performance, while temporary impossibility justifies only suspension. It prohibits parties from invoking impossibility if their own breaches cause the situation. The provision closely mirrors its 1969 counterpart, and commentators criticise it for not adopting the concept of force majeure. International organisations often face unique challenges, such as financial shortages, which complicate the strict and exceptional conditions for invoking impossibility under international law.