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Part III The Sources of International Responsibility, Ch.28 Relevance of the Intertemporal Law

Paul Tavernier

From: The Law of International Responsibility

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

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Vienna Convention on the Law of Treaties — Responsibility of states — Diplomatic relations
The intertemporal law is a notion still misunderstood by some legal scholars, who, referring to the famous dictum of Max Huber in Island of Palmas, limit problems of intertemporal law to the acquisition of territory.1 Others only refer to one of the two rules articulated by the arbitrator, either the first rule which evokes the well-known adage tempus regit actum, or the second rule which spells out the distinction between creating and maintaining a right. The choice to mention one without the other is evidently not neutral. Salmon’s dictionary gives an excellent...
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