IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs
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PE 703.592
not identical or coterminous. For instance, a typical survival clause is included in the ICSID Convention
in Article 72. Article 72 provides that ‘Notice by a Contracting State pursuant to Articles 70 or 71 shall
not affect the rights or obligations under this Convention of that State or of any of its constituent
subdivisions or agencies or of any national of that State arising out of consent to the jurisdiction of the
Centre given by one of them before such notice was received by the depositary’. This provision is not
a sunset clause because it does not contain automatic expiration.
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In addition, the Montreux
Convention, which was signed on 20 July 1936 provides that ‘the present Convention shall remain in
force for twenty years from the date of its entry into force’.
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Such provision is a duration clause and
not a sunset clause, as at the end of the 20-year period, the law would not expire automatically. Such
duration clauses are included in international agreement to guarantee, for instance, an initial and
minimum validity.
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