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The Breach of a Treaty: State Responses in International Law

The Breach of a Treaty: State Responses in International Law

The Breach of a Treaty: State Responses in International Law

Author: Maria Xiouri
Publisher: Brill Nijhoff
ISBN: 9789004361386
Published In: March 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

RMB 1,919.46

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In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty according to the law of treaties and the law of State responsibility, namely, between the termination of the treaty or the suspension of its operation and countermeasures. Based on extensive analysis of State practice, the relevant legal instruments, international case law and literature, the book critically examines the concept of responses to the breach of a treaty, their legal regime and their operation in practice. It focuses on suspension of the operation of a treaty and countermeasures, challenging the prevailing view that there is a clear distinction between them, and argues that the former has been effectively superseded by the latter.

Preface

Acknowledgments

Table of Cases and Their Abbreviations

Table of Treaties Table of United Nations Documents and Other Primary Sources

Abbreviations

Note on Citation and Method

Introduction

PART 1. The Notion of Responses to the Breach of a Treaty in International Law

1. The Distinction between Responses to the Breach of a Treaty According to the Law of Treaties and the Law of State Responsibility s

2. Common Elements and Tension between Responses to Breach of a Treaty

PART 2. The Legal Regime of Responses to the Breach of a Treaty

3. The Breach of a Treaty

4. States Entitled to Respond

5. Procedural Conditions

6. The Substance of Responses

7. The Relationship between Responses to the Breach of a Treaty in International Jurisprudence

8. The Relationship between Responses to the Breach of a Treaty in State Practice

9. The Relationship between Responses to Breach According to General International Law and Lex Specialis

Appendix

Bibliography

Index

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