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Reacting Against Treaty Breaches, Bruno Simma, Christian J. Tams
Reacting Against Treaty Breaches, Bruno Simma, Christian J. Tams
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States regularly proclaim the sanctity of treaty obligations and few principles are as firmly established as pacta sunt servanda. Yet, treaty breaches are by no means exceptional: adapting one of international law's most celebrated statements, one might even say that 'almost all nations, almost all the time, consider their rights under a given treaty to be violated: By way of a snapshot, at the time of writing, eleven of fourteen active contentious cases pending before the International Court of Justice (ICJ) involve claims, by one State, that a certain treaty has been violated. And this ignores the many treaty breaches …