Regulating Treaty Breaches

26 Pages Posted: 18 Feb 2016

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Date Written: February 16, 2016

Abstract

This paper, written for an edited volume on the law of treaties, assesses how international law deals with treaty breaches. It identifies the three main 'sites' of the international regulation, viz. the general law of treaties, the law of State responsibility, and particular treaties containing express clauses on treaty breaches. It analyses the key features of the three regimes and, in so doing, evaluates controversial rules on countermeasures and on suspension and termination of treaties. Beyond those specific issues, it also offers a general account of the respective fields of treaty law and responsibility.

Keywords: law of treaties, treaty breaches, countermeasures, Vienna Convention on the Law of Treaties, material breach

JEL Classification: K33, K39

Suggested Citation

Tams, Christian J., Regulating Treaty Breaches (February 16, 2016). Available at SSRN: https://ssrn.com/abstract=2733325 or http://dx.doi.org/10.2139/ssrn.2733325

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

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