The Breach of a Treaty

State Responses in International Law

Series: 

Author:
Maria Xiouri
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the prevailing view that there is a clear distinction between them, and argues that the former has been effectively superseded by the latter.
Copyright Year:
2021
E-Book (PDF)
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Published
ISBN:
978-90-04-36322-9
Publication:
15 Mar 2021
Hardback
Availability:
Published
ISBN:
978-90-04-36138-6
Publication:
11 Mar 2021
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Maria Xiouri (LL.B. (Athens), LL.M. (Cantab, Athens), Ph.D. (QMUL)), is a Senior Lecturer at the University of Lincoln. She has published articles and book chapters on the law of treaties, the law of State responsibility and the law of the sea.
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
 1 The Significance and Purpose of This Study
 2 Scope of the Study
 3 Outline of the Study
 4 Terminology

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
 1.1 Introduction
 1.2 State Responses to the Breach of a Treaty in Early International Law
 1.3 The Separate Codification of Responses to the Breach of a Treaty in the vclt and asr and Their Mutual Exclusion
 1.4 Conceptual Differences between the Termination of a Treaty or the Suspension of Its Operation and Countermeasures
 1.5 Concluding Observations

2 Common Elements and Tension between Responses to Breach of a Treaty
 2.1 Introduction
 2.2 Common Feature: Responses to the Breach of a Treaty
 2.3 The Principles of Reciprocity and Proportionality
 2.4 The Tension between the Suspension of the Operation of a Treaty and Countermeasures
 2.5 The Role of the Exceptio Non Adimpleti Contractus
 2.6 Concluding Observations

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

3 The Breach of a Treaty
 3.1 Introduction
 3.2 Breach as a Necessary Condition for Responses According to International Law
 3.3 Condition for Art 60 VCLT: Material Breach of a Treaty
 3.4 Condition for Countermeasures: Breach Which Constitutes an Internationally Wrongful Act
 3.5 Non-material Breach Which Does Not Constitute an Internationally Wrongful Act: A Case for the Application of the Exceptio Non Adimpleti Contractus?
 3.6 Concluding Observations

4 States Entitled to Respond
 4.1 Introduction
 4.2 The Concept of Invocation
 4.3 Individual Responses
 4.4 Collective Responses to Breach of a Multilateral Treaty
 4.5 The Exceptio Non Adimpleti Contractus
 4.6 Concluding Observations

5 Procedural Conditions
 5.1 Introduction
 5.2 The Procedural Conditions of Art 60 VCLT
 5.3 The Procedural Conditions of Countermeasures
 5.4 The Procedural Conditions of the Exceptio Non Adimpleti Contractus
 5.5 Concluding Observations

6 The Substance of Responses
 6.1 Introduction
 6.2 The Choice between Termination and Suspension, in Whole or in Part
 6.3 Legal Consequences of Termination or Suspension and Countermeasures
 6.4 Further Conditions of Responses
 6.5 Exceptions to the Right to Respond to the Breach of a Treaty
 6.6 Concluding Observations

PART 3
The Relationship between Responses to the Breach of a Treaty in Practice

7 The Relationship between Responses to the Breach of a Treaty in International Jurisprudence
 7.1 Introduction
 7.2 The Relationship between the Termination of a Treaty and Countermeasures
 7.3 The Relationship between the Suspension of the Operation of a Treaty and Countermeasures
 7.4 The Exceptio Non Adimpleti Contractus
 7.5 Concluding Observations

8 The Relationship between Responses to the Breach of a Treaty in State Practice
 8.1 Introduction
 8.2 The Relationship between Termination and Suspension of a Treaty
 8.3 The Suspension of the Operation of a Treaty and the Relationship with Countermeasures
 8.4 The Exceptio Non Adimpleti Contractus and Its Relationship with Other Responses to the Breach of a Treaty
 8.5 Concluding Observations

9 The Relationship between Responses to Breach According to General International Law and Lex Specialis
 9.1 Introduction
 9.2 Reservation Clauses on Lex Specialis in the VCLT and ASR
 9.3 Examples of Lex Specialis Responses to the Breach of a Treaty and Their Relationship with General International Law Responses
 9.4 Concluding Observations

 Conclusion

 Appendix
 Bibliography
 Index

The book is intended for scholars and practitioners, as well as for post-graduate students and anyone interested in the law of treaties and the law of State responsibility.
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