The Breach of a Treaty: State Responses in International Law

Description

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the prevailing view that there is a clear distinction between them, and argues that the former has been effectively superseded by the latter. Contents Preface Acknowledgment 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 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 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 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 Conclusion Appendix Bibliography Index