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Max Planck Encyclopedia of Public International Law [MPEPIL]

Armed Conflict, Effect on Treaties

Silja Vöneky

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

Subject(s):
Armed conflict, international — Peace treaties — Conduct of hostilities — Belligerence — Weapons

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The question of the effect of an armed conflict on treaties was and is one of the most disputed subjects in public international law. Neither in State practice nor in legal doctrine, was there a common view on the question whether peacetime international law is applicable to belligerent States during an international armed conflict in general. In the 19 th century there is some evidence for the opinio iuris that ‘[b]y the Law of Nations war abrogates all treaties between the belligerents’ (Hardings cited in McNair 700 ; cf Harvard Draft Convention Comment at...
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