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The Oxford Guide to Treaties edited by Hollis, Duncan B (1st July 2012)

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

Jan Klabbers

From: The Oxford Guide to Treaties

Edited By: Duncan B. Hollis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 22 October 2019

Subject(s):
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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