The Indirect Legal Effects of Non-Binding Agreements
12 Pages Posted: 7 Nov 2023
Date Written: August 25, 2023
Abstract
The non-binding character of non-binding agreements is not the only determinant of their legal effect. The incorporation of non-binding agreements in binding agreements or other rules of international law (Section 1), the interpretation of treaties (Section 2) the possibility of ‘transforming’ a non-binding agreement into a tacit binding agreement (Section 3), and the possibility of creating rights and obligations for third States partly on the basis of non-binding agreements (Section 4) provide evidence of the ‘indirect’ legal effects of non-binding agreements.
Keywords: non-binding agreements; incorporation; interpretation; silence; transformation into binding agreement
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