<論説>条約違反とウィーン条約法条約
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概要
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A state is bound to carry out in good faith the obligation which it has assumed by a treaty. This is a fundamental principle of international law (pacta sunt servanda). A state, which acts in contravention of its obligations under a treaty or fails to carry out those obligations, obviously violates the fundamental principle and is guilty of a breach of the treaty involved. The issue to be ascertained is the legal consequences of such a breach. It has been considered as a crucial problem by jurists, judges and state officials since the early stage of the institution of treaty law in international relations. The Vienna Convention on the Law of Treaties, which came into force on the 27th of January, 1980,after eleven years' incubation, deals with the consequences of a breach of a treaty in Article 60. The rules set out in the Convention are regarded by states as norms to be followed in dealing with various questions that might arise in their treaty relations. In the Advisory Opinion of the International Court of Justice in Namibia case (1971), the Court observed "The rule laid down by the Vienna Convention… concerning termination of a treaty relationship on accout of breach (adopted without a dissenting vote) may in many respects be considered as a codification of existing law on the subject." In this paper, the writer tries to examine this problem through the analysis of the legislative process of Article 60 and seeks to clarify the provisions of the Article.
- 関西学院大学の論文
- 1984-01-30
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