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
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
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