Breach of a treaty as a cause for its termination and the ratio with international responsibility

Shqarri Fjorda and Jella Anita
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Shqarri Fjorda: University of Tirana, Albania
Jella Anita: University of Tirana, Albania

European Journal of Economics, Law and Social Sciences, 2023, vol. 7, issue 2, 33-40

Abstract: Treaties as instruments for establishing legal relations between the subjects of international law are acts which can both create a relationship and extinguish it. On the other hand, despite the fact that the parties to a treaty enter into this relationship with the good will that it will last in time and the treaty will be implemented, for various reasons it may happen that the parties are no longer interested in being bound by this treaty. For this reason, the Vienna Convention on the Law of Treaties has provided for ways to terminate the legal force of a treaty. One of these foreseen ways is the breach of the treaty by one of the parties, which must be said, is a way that has found application and is being implemented even today. This paper aims that, relying on a qualitative methodology, based on research in literature and relevant legislation, to analyze the breach of the treaty as a reason for its termination, the types of breaches and the systems proposed by the 1969 Vienna Convention as well as the consequences of breaches of the treaty and a comparative overview with international responsibility. As an expected result of this research, is the conclusion that not every breach of a treaty is a cause for the termination of its legal force and that there are differences between the consequences of the termination of the treaty as a result of a breach by the parties and the reactions to breaches by the point of view of international responsibility.

Keywords: treaty; violation; termination; party; responsibility (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:ejelss:v:7:y:2023:i:2:p:33-40:n:1005

DOI: 10.2478/ejels-2023-0005

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