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- Title
CONTRACTUALISM IN THE LAW OF TREATIES.
- Authors
Dajani, Omar M.
- Abstract
The article focuses on the constraints of freedom of contract of sovereign states and Vienna convention on Law of Treaties that recognize the freedom of contract of states. It examines the prohibition of enforcement of agreements on unlawful conduct by the rules related to contractualism. It discusses the merits contractualism on analogues to the law of contracts in domestic jurisdictions. It examines the international practice on invalidation of a treaty through procedures defined in the Vienna Convention. It highlights several reasons for failure of transformation of treaty practice at international level including norm indeterminacy, paternalism and political barriers.
- Subjects
VIENNA (Austria); LIBERTY of contract; TREATIES; CONTRACTS; CONTRACTARIANISM (Ethics); JURISDICTION (International law); INDETERMINISM (Philosophy); PATERNALISM; CONSIDERATION (Law); ILLEGAL contracts
- Publication
Michigan Journal of International Law, 2012, Vol 34, Issue 1, p1
- ISSN
1052-2867
- Publication type
Article