Full Description
Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.
Contents
Part One1. The Definition of Material Breach. 2. A Content Analysis of Material Breach. 3. Effects of Material Breach. Part Two: Suspension or Termination of Treaties on Grounds of Breach.4. The Codification of the Principle of Termination or Suspension for Breach. 5. A Content Analysis of Article 60 of the Vienna Conventions of 1969 and 1986. 6. Conditions and Limitations of Article 60. 7. Consequences of Termination or Suspension of the Operation of the Treaty. Part Three: The Implementation (La mise en oeuvre) of Suspension or Termination of Treaties on Grounds of Breach. 8. The Determination of Material Breach. 9. Procedures for Unilateral Termination or Suspension of a Treaty for Breach. 10. Dispute Settlement. Conclusions. Bibliography. Table of Treaties and Drafts. Table of Cases. Index.
