Suspension or Termination of Treaties on Grounds of Breach.
Saved in:
| : | |
|---|---|
| Place / Publishing House: | Boston : : BRILL,, 1996. ©1996. |
| Year of Publication: | 1996 |
| Edition: | 1st ed. |
| Language: | English |
| Physical Description: | 1 online resource (221 pages) |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
Table of Contents:
- Intro
- Title Page
- Copyright Page
- Table of Contents
- LIST OF ABBREVIATIONS
- FOREWORD
- INTRODUCTION
- PART ONE MATERIAL BREACH OF TREATY
- CHAPTER 1 THE DEFINITION OF 'MATERIAL BREACH'
- Section 1 The approach of unqualified breach
- I. Jurists and statesmen
- II. Early attempts to codify the Law of Treaties
- A. The Havana Convention On Treaties of 1928
- B. The Harvard Draft
- Section 2 The approach of qualified breach: material versus non-material breach
- The distinction between two types of breach
- Section 3 The draft of Sir Gerald Fitzmaurice
- Section 4 The draft of Sir Humphrey Waldock
- Section 5 The draft of the International Law Commission of 1966
- Section 6 The United Nations Conference on the Law of Treaties and the concept of material breach
- CHAPTER 2 A CONTENT ANALYSIS OF MATERIAL BREACH
- Section 1 The elements of material breach
- I. Treaty repudiations not sanctioned by the Vienna Conventions
- A. Repudiations not sanctioned by the treaty itself
- B. Is the denial prima facie of an obligation a repudiation?
- II. Violations of provisions essential to the accomplishment of objects and/or purposes of treaties
- A. The meaning of 'provisions essential to the object or purpose'
- 1. The object or purpose of a treaty
- 2. The 'object or purpose' of related treaties
- 3. Provisions essential to the accomplishment of objects or purposes of treaties
- B. The character of the breach and the violated provisions
- 1. Does Article 60 consider the gravity of the breach?
- 2. Does any violation of provisions essential to the accomplishment of objects or purposes of treaties constitute a material breach?
- III. Integral treaties
- Section 2 Forms and sources of material breach
- I. Breach by omission
- A. Obligations of result
- B. Obligations of conduct or means
- II. Breach by commission.
- A. The enactment of legislation conflicting with the treaty
- B. The adoption of Administrative or Executive Acts contrary to treaty obligations
- C. The conclusion of a treaty incompatible with an earlier one
- D. The unjustified repudiation of the treaty
- E. The commission of actions prohibited by the treaty
- Section 3 What does not constitute breach of treaty?
- A. Performance in a manner not envisaged by the treaty
- B. Actions taken in conformity with international law
- C. The failure to discharge obligations of a different legal order
- D. Wrongful acts as a result of a prior wrongful act by another party
- E. Actions foreseen by the parties
- F. Repudiation according to the terms of the treaty itself
- G. Acts becoming compulsory as result of the advent of a jus cogens rule
- Section 4 Classification of material breach
- A. The degree of seriousness
- B. Ratione temporis
- Section 5 What is breached?
- I. The source of the obligation
- A. Norms under treaty or customary law
- B. The law of the instrument and the law of the obligation
- II. The treaty has to be binding
- Non-binding agreements
- III. Force of the treaty
- A. The interval preceding the entry into force of the treaty
- B. The interval between withdrawal from the treaty and the effect of the withdrawal
- IV. Breach of special forms of agreement
- A. Non-written agreements
- B. Pacta de contrahendo
- C. Constituent instruments of international organizations
- D. Treaties concluded between States and international organizations and between international organizations
- E. The issue of the Mandate over Namibia
- Section 6 Who commits breach?
- I. States and international organizations
- A. Organs
- 1. Executive or administrative authorities
- 2. The Legislature
- 3. The Judiciary.
- 4. The conduct of autonomous public organs separate from the State
- B. The individual
- II. The attribution of the breach to States or international organizations
- CHAPTER 3 EFFECTS OF MATERIAL BREACH
- Section 1 International responsibility
- A. The relation between material breach of treaty and the law international responsibility
- B. Damage as a pre-condition to responsibility arising from material breach of treaty
- Section 2 The notion of 'injured party'
- A. Injured parties
- B. Third parties
- Section 3 Remedies in cases of breach
- PART TWO SUSPENSION OR TERMINATION OF TREATIES ON GROUNDS OF BREACH
- INTRODUCTION
- CHAPTER 4 THE CODIFICATION OF THE PRINCIPLE OF TERMINATION OR SUSPENSION FOR BREACH
- Section 1 Jurists and statesmen
- I. The rejection of the principle
- II. The recognition of the principle
- A. Termination or suspension for unqualified breach
- B. Termination or suspension for material breach
- III. The views of statesmen
- Section 2 Early attempts at codification
- A. The Havana Convention On Treaties
- B. The Harvard Research in International Law
- Section 3 The Draft of Sir Gerald Fitzmaurice
- A. The non-automaticity of termination or suspension
- B. The distinction between bilateral and multilateral treaties
- C. Limitations and conditions
- Section 4 The Draft of Sir Humphrey Waldock
- The distinction between bilateral and multilateral treaties
- Section 5 The Draft of the International Law Commission of 1966
- Section 6 The United Nations Conference on the Law of Treaties and the adoption of Article 60
- CHAPTER 5 A CONTENT ANALYSIS OF ARTICLE 60 OF THE VIENNA CONVENTIONS OF 1969 AND 1986
- Introduction
- A. The non-automaticity of termination or suspension
- B. The scope of Article 60
- C. The content of Article 60.
- Section 1 The rights accruing to injured parties to bilateral treaties
- Section 2 The rights accruing to injured parties to multilateral treaties
- I. The right to terminate or suspend the operation of the treaty
- II. The right to invoke the breach as a ground for the suspension of the operation of the treat
- A. The rights of a party specially affected by the breach
- B. The rights of any party other than the defaulting State
- C. The rights of parties other than a party specially affected by the breach
- Section 3 Paragraph 5 of Article 60
- I. Legislative history
- II. The content of paragraph 5
- III. The scope of paragraph 5
- A. Ratione materiae
- B. Ratione temporis
- IV. The legal characterization of paragraph 5
- Section 4 Partial termination or suspension of breached treaties
- Section 5 The nature of the right to terminate or suspend the operation of a treaty for material breach
- A. The origins of Article 60
- B. The nature of Article 60
- C. Article 60 and proportionality
- D. Termination or suspension for minor material breaches
- E. Provisional suspension as an interim measure
- CHAPTER 6 CONDITIONS AND LIMITATIONS OF ARTICLE 60
- Section 1 Conditions implied by the character of the breach
- A. Material breach
- B. The actual occurrence of the breach
- C. If the possibility of the act constituting breach has been foreseen by the parties
- Section 2 Limitations imposed by the type or character of the treaty or obligation
- I. Bilateral and multilateral treaties
- II. Treaties of humanitarian character
- III. Constituent instruments of international organizations
- IV. Self-contained régimes
- A. Severe and flagrant acts
- B. Self-defence
- C. The unsuccessful exhaustion of measures provided for in the régime
- V. Law-making treaties
- Section 3 Limitations imposed by particular circumstances.
- A. Reasonable time
- B. Estoppel
- C. A party cannot benefit from its wrong doing
- D. Special agreement by the parties
- CHAPTER 7 CONSEQUENCES OF TERMINATION OR SUSPENSION OF THE OPERATION OF THE TREATY
- Section 1 Consequences common to termination and suspension of the operation of the treaty
- A. Survival of jurisdictional clauses
- B. The continuous existence of obligations imposed independently of the treaty
- Section 2 Consequences of the termination of the treaty
- I. Termination of bilateral and multilateral treaties vis-à-vis all the parties
- II. Termination of multilateral treaties vis-à-vis the defaulting party
- III. Sanctity of rights acquired under the treaty
- A. Rights of the parties
- B. Rights of third parties
- Section 3 Consequences of the suspension of the operation of the treaty
- A. Suspension of bilateral and multilateral treaties
- B. The continuing force and existence of the treaty
- C. The parties' behavior during the period of suspension
- D. The effect of invalid termination or suspension
- PART THREE THE IMPLEMENTATION (LA MISE EN OEUVRE) OF SUSPENSION OR TERMINATION OF TREATIES ON GROUNDS OF BREACH
- CHAPTER 8 THE DETERMINATION OF MATERIAL BREACH
- Section 1 Established and alleged breach
- A. Is there a requirement for a determination of a state of breach?
- B. Alleged breach
- Section 2 The competence to determine material breach
- I. Bilateral and multilateral treaties
- II. Constituent instruments of international organizations or treaties concluded within international organizations
- A. The United Nations
- 1. The Security Council
- 2. The General Assembly
- 3. The International Court of Justice
- B. Other organizations
- 1. The League of Nations
- 2. ILO
- 3. ICAO
- Section 3 The process of determining the existence of material breach.
- I. The burden of proof of material breach.