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s.V Avoiding or Exiting Treaty Commitments, 22 The Validity and Invalidity of Treaties

Jan Klabbers

From: The Oxford Guide to Treaties (1st Edition)

Edited By: Duncan B. Hollis

A newer edition of The Oxford Guide to Treaties is available. Latest edition (2 ed.)
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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Treaties, invalidity, termination, suspension, withdrawal — Vienna Convention on the Law of Treaties — Coercion & harassment — Corruption — Peremptory norms / ius cogens
It may well be the case, as a seasoned international law practitioner once suggested, that the validity or invalidity of treaties is a topic of no practical significance whatsoever.1 Few treaties have ever been declared invalid and, indeed, it is quite rare for States even to argue that a treaty they are parties to should be declared invalid.2 Moreover, it is by no means clear who should declare a treaty invalid and whether, for instance, this could be done by a court in one of the States that are parties to the treaty. In short, validity is a topic shrouded in...
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