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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 pow...
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The Vienna Convention on the Law of Treaties
Examines the key features of the Vienna Convention (reservations and modifications, application, interpretation, suspension and settlement of dispute), as well as discussing its scope and significance.
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Jefferson's Declaration of Independence
Allen Jayne analyzes the ideology of the Declaration of Independence—and its implications—by going back to the sources of Jefferson's ideas: Bolingbroke, Kames, Reid, and Locke. He concludes that the Declaration must be read as an attack on two claims of absolute authority: that of government over its subjects and of religion over the minds of men. Today's world is more secular than Jefferson's, and the importance of philosophical theology in eighteenth-century critical thought must be recognized in order to understand fully and completely the Declaration's implications. Jayne addresses this need by putting religion back into the discussion.
Contract Law in Changing Times
This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
