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Max Planck Encyclopedia of Public International Law [MPEPIL]

Waiver

Isabel Feichtner

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 October 2022

Subject(s):
International monetary law — Unilateral acts — Sovereignty — Calvo clause — Treaties, invalidity, termination, suspension, withdrawal — Pacta sunt servanda — Vienna Convention on the Law of Treaties — Treaties, conclusion — Treaties, entry into force

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 In public international law the term ‘waiver’ is used to refer to two different concepts. First, it denotes the renunciation or abandonment of a right or claim (renonciation in French, Verzicht in German). Second, the suspension or dispensation of a treaty obligation by the parties to the treaty (Treaties) or the competent organ of an international organization is also called waiver (Treaties, Suspension).2 According to a narrow conception, only the unilateral renunciation of a right or claim qualifies as waiver (Unilateral Acts of States in International Law)....
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