1 The notion of a tacit agreement in international law is not entirely clear. However, it may be understood as, compared to an express or explicit agreement, an agreement whose existence may be inferred from the conduct of the parties involved. 2 An agreement, express or tacit, creates legal rights and obligations only if the parties intend for it to do so. Thus the parties’ intention to be bound by the agreement (‘animus contrahendi’) determines its legal nature, distinguishing a legally binding agreement such as a treaty in the strict sense of the term from an...
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