Tacit Agreements in International Law

Faculty of Laws University College London Law Research Paper 13/2024

T. Heidar, N. Bourke, H-J, Kim, The Judicial Work of the International Tribunal for the Law of the Sea: Progress and Challenges – Liber Amicorum Judge Jin-Hyun Paik (Routledge), Forthcoming

24 Pages Posted: 9 May 2024

See all articles by Danae Azaria

Danae Azaria

University College London - Faculty of Laws

Date Written: May 9, 2024

Abstract

Tacit agreements have been wildly overlooked by scholarship in the second half of the 20th and the beginning of the 21st century. However, this contribution argues that tacit agreements form part and parcel of traditional and modern practice of States. After discussing the emergence of the concept of ‘tacit agreement’ as a binding agreement in international law, since the 17th century, this analysis argues that, in international law, tacit agreements may be binding or non-binding, explains their distinction and the criterion for identifying a ‘tacit binding agreement’ and a ‘tacit non-binding agreement’.

Keywords: tacit agreements; binding international agreements; non-binding agreements; boundaries

Suggested Citation

Azaria, Danae, Tacit Agreements in International Law (May 9, 2024). Faculty of Laws University College London Law Research Paper 13/2024, T. Heidar, N. Bourke, H-J, Kim, The Judicial Work of the International Tribunal for the Law of the Sea: Progress and Challenges – Liber Amicorum Judge Jin-Hyun Paik (Routledge), Forthcoming, Available at SSRN: https://ssrn.com/abstract=4822624 or http://dx.doi.org/10.2139/ssrn.4822624

Danae Azaria (Contact Author)

University College London - Faculty of Laws ( email )

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United Kingdom

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