Regulating Treaty Breaches
26 Pages Posted: 18 Feb 2016
Date Written: February 16, 2016
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: Suggested Citation