Unilateral Denunciation of Treaty Because of Prior Violations of Obligations by Other Party
In a world still divided into sovereign states and possessed of no institutions for comprehensive centralised regulation of transnational interests and activities, treaties are steadily increasing in number and importance as an imperfect but indispensable substitute for such regulation. Through multilateral conventions, the world community seeks to establish widely accepted standards of state conduct in the general interest; and many international agreements are concluded for the purpose of regulating the relations between two or more states by creating contractual bonds of reciprocal nature between them. Despite the non-existence of anything resembling a world govern ment with effective power to enforce international law, most treaties are observed with a high degree of regularity. States normally carry out their treaty commitments because it is in their interest to do so. A treaty is made because two or more states have a common or mutual interest in establishing a new relationship or modifying an existing one. The natural penalty for the violation of a treaty establishing or regulating a mutually desired relationship is the disruption or im pairment of the latter. When national policies change, clauses per mitting termination or withdrawal by a unilaterally given notice often serve as safety valves which prevent pressures for treaty violations from building up. But there remains a residue of situations in which a state fails to live up to its obligations under a treaty still in force.
STATEMENT OF THE PROBLEM I
IH JUDGES AND UNILATERAL DENUNCIATION
The AngloIranian Oil Company Case
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abrogated alliance application Armistice Agreement Austria Black Sea Black Sea provisions breaches of obligations Britain Civil Code clauses contracting parties Court decision declared defaulting denounce disarmament dispute doctrine of unilateral Egypt entitled fact force FPRY French Germany ground of prior Guatemala Ibid innocent party international law interpretation Italy July jurists Justice justified Kingdom and France Korean Armistice Agreement law of contract Locarno Treaty Majesty's Government Mutual Assistance norms November observed October opinion pacta sunt servanda peace performance Potsdam Agreement principle prior breaches prior violations private law Protocol quadripartite agreements question reciprocal recognised regard relative resort to unilateral right of unilateral right unilaterally RIIF Doc rule of unilateral Russia Security Council signatory powers Soviet Union stipulated substantial breach treaty obligations Treaty of Friendship U.S. Foreign Relations unilateral denunciation unilaterally to terminate United Kingdom United Nations Command violated treaty violations of obligations void voidable withdrawal Yugoslav Government Yugoslavia