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The Law of International Responsibility edited by Crawford, James; Pellet, Alain; Olleson, Simon; Parlett (Assistant), Kate (20th May 2010)

Part V The Implementation of International Responsibility, Ch.72 Waiver, Acquiescence, and Extinctive Prescription

Christian J Tams

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett (Assistant)

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 December 2018

Subject(s):
Responsibility of states — Diplomatic protection — Vienna Convention on the Law of Treaties — State succession, international agreements — Treaties, interpretation — Arbitral tribunal — Arbitration
Waiver, acquiescence, and extinctive prescription are legal concepts entailing the same effect—they lead to the loss of a right or claim. In the context of State responsibility, they entail the loss of the right to invoke responsibility, ie they extinguish any existing claim for cessation, reparation, or guarantees and assurances of non-repetition. The rules governing these concepts come within the framework of the implementation of international responsibility as dealt with in Part Three of the International Law Commission’s Articles on Responsibility of States...
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