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s.V Avoiding or Exiting Treaty Commitments, 23 Reacting against Treaty Breaches

Bruno Simma, Christian J Tams

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

Edited By: Duncan B. Hollis

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Treaties, breach — Treaties, invalidity, termination, suspension, withdrawal — UN Charter — Responsibility of states — Countermeasures
States regularly proclaim the sanctity of treaty obligations and few principles are as firmly established as pacta sunt servanda.1 Yet, treaty breaches are by no means exceptional: adapting one of international law’s most celebrated statements, one might even say that ‘almost all nations, almost all the time, consider their rights under a given treaty to be violated’.2 By way of a snapshot, at the time of writing, six of nine active contentious cases pending before the International Court of Justice (ICJ) involve claims, by one State, that a certain treaty has...
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