Treaty breaches and responses
Research output: Contributions to collected editions/works › Chapter › peer-review
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Research Handbook on the Law of Treaties. ed. / Christian J. Tams; Antonios Tzanakopoulos; Andreas Zimmermann. Edward Elgar Publishing, 2014. p. 476-504.
Research output: Contributions to collected editions/works › Chapter › peer-review
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RIS
TY - CHAP
T1 - Treaty breaches and responses
AU - Tams, Christian J.
PY - 2014/9/26
Y1 - 2014/9/26
N2 - As a general rule, treaties are not concluded to be breached; but treaty breaches are quite common. They are bound to occur, as so much of international life is covered by international treaties (and hence there is so much treaty law to be breached), and as States, like other subjects of the law, are not perfect. None of this is particularly surprising or particularly problematic. No legal system can exclude non-compliance with accepted voluntary commitments (under treaties, under contracts, under pledges or promises, etc); and all legal systems anticipate noncompliance. It is in the way they deal with instances of non-compliance that legal systems differ.
AB - As a general rule, treaties are not concluded to be breached; but treaty breaches are quite common. They are bound to occur, as so much of international life is covered by international treaties (and hence there is so much treaty law to be breached), and as States, like other subjects of the law, are not perfect. None of this is particularly surprising or particularly problematic. No legal system can exclude non-compliance with accepted voluntary commitments (under treaties, under contracts, under pledges or promises, etc); and all legal systems anticipate noncompliance. It is in the way they deal with instances of non-compliance that legal systems differ.
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=84958720946&partnerID=8YFLogxK
UR - https://www.mendeley.com/catalogue/73b74b18-b823-3149-898d-64c97ad99c09/
U2 - 10.4337/9780857934789.00026
DO - 10.4337/9780857934789.00026
M3 - Chapter
AN - SCOPUS:84958720946
SN - 9780857934772
SP - 476
EP - 504
BT - Research Handbook on the Law of Treaties
A2 - Tams, Christian J.
A2 - Tzanakopoulos, Antonios
A2 - Zimmermann, Andreas
PB - Edward Elgar Publishing
ER -