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In a world still divided into sovereign states and possessed of no institutions for comprehensive centralised regulation of transnational interests and activities, treaties are steadily increasing in number and importance as an imperfect but indispensable substitute for such regulation. Through multilateral conventions, the world community seeks to establish widely accepted standards of state conduct in the general interest; and many international agreements are concluded for the purpose of regulating the relations between two or more states by creating contractual bonds of reciprocal nature between them. Despite the non-existence of anything resembling a world govern ment with effective power to enforce international law, most treaties are observed with a high degree of regularity. States normally carry out their treaty commitments because it is in their interest to do so. A treaty is made because two or more states have a common or mutual interest in establishing a new relationship or modifying an existing one. The natural penalty for the violation of a treaty establishing or regulating a mutually desired relationship is the disruption or im pairment of the latter. When national policies change, clauses per mitting termination or withdrawal by a unilaterally given notice often serve as safety valves which prevent pressures for treaty violations from building up. But there remains a residue of situations in which a state fails to live up to its obligations under a treaty still in force.
Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.
In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.
The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field
Examines the key features of the Vienna Convention (reservations and modifications, application, interpretation, suspension and settlement of dispute), as well as discussing its scope and significance.
Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.
The very purpose of international law is the peaceful settlement of international disputes. Over centuries, states and more recently, organizations have created substantive rules and principles, as well as affiliated procedures, in the pursuit of the peaceful settlement of disputes. This volume of the Library of Essays in International Law focuses on the classic procedures of peaceful settlement: negotiation, good offices, inquiry, conciliation, arbitration, judicial settlement, and agencies for dispute resolution. The introduction provides a unique historic overview, explaining how the procedures first developed and changed over time. Each chapter features a seminal essay that helped create the changes described in the introduction. Being at the center of international law, dispute resolution has always been a core topic of international scholarship, this volume brings together for the first time, the pivotal writing in the field.