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Max Planck Encyclopedia of Public International Law [MPEPIL]

Tacit Agreements

Jin-Hyun Paik

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
Standard of proof — Estoppel — Delimitation — Consensual arrangements other than treaties — State practice

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

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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