Thu, Sep 17

POL 309-800, International Law
SUNY Oswego | Fall 2020
Dr. Craig Warkentin

Goals

  • Identify material breach of a treaty and discuss its consequences
  • Explain when and how treaties can be terminated or suspended
  • Delineate states' treaty obligations when state succession occurs
  • Describe war's effect on treaties (including human rights treaties)
  • precautionary principle (114)
  • rebus sic stantibus (110)

Preliminaries

Questions

P. 109

  1. How had the agreement in the case above been breached?
  2. Why was the breach considered material?
  3. What is a party to a treaty permitted to do once it has decided that the other party has materially breached the treaty?

P. 117

  1. Why did the Court reject Hungary's argument that supervening impossibility of performance released Hungary from carrying out the 1977 treaty?
  2. Why did the Court reject Hungary's argument that a fundamental change of circumstances had occurred sufficient to release Hungary from [its] treaty obligations?
  3. Why did the Court reject Hungary's argument that a material breach of the treaty by Czechoslovakia entitled Hungary to declare the treaty terminated?

P. 121