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Book VII Treaties and Treaty-Making, 35 Treaties and other International Instruments—V Interpretation, Reservations, Termination, The Effect of War, Ius Cogens

Frank Berman, David Bentley

From: Satow's Diplomatic Practice (7th Edition)

Edited By: Sir Ivor Roberts

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

Diplomatic relations — Sovereignty — Peace treaties — Specific treaties — Governments

This chapter is devoted to certain miscellaneous aspects of the law of treaties. Treaty interpretation is the daily fare of international activity, and is also of considerable importance at the national level. In addition, the chapter shows how it is important to grasp what reservations are (and what they are not), and what effect they might have—these being difficult and delicate questions that arise both when a treaty is under negotiation and after its conclusion. Similarly, claims by States to terminate their treaty obligations are a frequent source of international friction. The same goes for claims that a treaty, or part of it, should be regarded as void, because it conflicts with a fundamental rule of international law (ius cogens). Finally, the effect of armed conflict on treaty rights and obligations may have immediate consequences for diplomats.

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