1 Modus vivendi is a Latin phrase—modus means ‘way’, vivendi means ‘of living’—meaning an agreement between those who differ in opinions (‘agreeing to disagree’). It is not a term of art in international law. It is sometimes used to refer to a preliminary, provisional, or interim agreement between contending parties pending the final settlement. Sometimes the term is included in the title of the instrument, sometimes it is not. 2 In most situations, it is prepared in a rather informal way, with the intention to be replaced by a more detailed and formalistic...
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