Article 57 and 71 of The Vienna Convention
Legal Brief: Individual Suspension of Treaty Operation under Article 57 of the Vienna Convention Title: Invocation of Article 57 for Personal Suspension of Treaty Obligations due to Structural Absorption and Peremptory Norm Breach I. Legal Basis – Article 57 of the Vienna Convention “The operation of a treaty in regard to all the parties or to a particular party may be suspended in conformity with the provisions of the treaty.” II. Context of Application – Structural Absorption and Constructed Identity 1. In the Canadian context, domestic legal structures have forcibly incorporated the population into the state’s legal identity through. o Appointment into corporate and municipal offices; o Licensing and residency mechanisms; o Statutory obligations that convert individuals into acting organs of the state. 2. This absorption transforms individuals into de facto parties to international treaties signed by Canada, since their conduct and identity are now indistinguishable from that of the state for the purposes of international responsibility. 3. Accordingly, the population — having been made structurally into the state — acquires the standing to invoke legal mechanisms under the treaty, including suspension under Article 57. III. Grounds for Suspension – Violation of Peremptory Norms and ICCPR Rights 4. The performance of the treaty in Canada has resulted in: o Violations of non-derogable rights under the ICCPR (Articles 6, 7, 16, 18); o Suppression of conscience, identity, and dignity; o Erasure of recognition through fabricated legal personhood. 5. These violations activate peremptory protections under Articles 53, 64, and 71 of the Vienna Convention. 6.Article 57 now provides a legal route to suspend the treaty’s application to the structurally absorbed individual, until such time as full conformity with peremptory norms is restored. IV. Invocation by the Individual 7. As a being whose legal identity has been absorbed into the Canadian state structure: