Problems in the Relationship Between the Termination or Suspension of a Treaty on the Ground of its Material Breach and Countermeasures

Xiouri, Maria (2015) Problems in the Relationship Between the Termination or Suspension of a Treaty on the Ground of its Material Breach and Countermeasures. Queen Mary Law Journal, 6 . pp. 63-76. ISSN 1470-3335

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Problems in the Relationship Between the Termination or Suspension of a Treaty on the Ground of its Material Breach and Countermeasures

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Abstract

In the present state of international law, there is an ever-increasing number
of treaties governing a great scope of international relations and playing a
more significant role for dealing with the problems that humanity faces.
Therefore, although not all treaty breaches are intentional, nor are they of
the same gravity, the breach of a treaty acquires even more importance, as
it becomes a more frequent phenomenon, at times with serious consequences.
The singularity of the legal regulation governing the breach of a treaty is
that it is effected through the combination of provisions from two different
bodies of rules of international law: the law of treaties, governed by the
Vienna Convention on the Law of Treaties (VCLT), and the law of State
responsibility, governed by the International Law Commission’s (ILC)
Articles on the Responsibility of States for Internationally Wrongful Acts.
Thus, the problem arises of the relationship between these two regulations.

Keywords:material breach of a treaty
Subjects:M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
ID Code:49144
Deposited On:04 May 2022 14:28

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