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Secret Treaties in International Law and the Faith of States in Decentralized Enforcement

Azaria, D; (2017) Secret Treaties in International Law and the Faith of States in Decentralized Enforcement. AJIL Unbound , 111 pp. 469-473. 10.1017/aju.2018.3. Green open access

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Abstract

The modern law of treaties applies regardless of whether a treaty is publicized. The secrecy of an international agreement does not affect its legal force, nonpublicized agreements may be used in interpreting a publicized treaty, and mere failure to comply with domestic requirements concerning publicity does not invalidate the treaty or a state's consent to be bound by it. Under the UN Charter, UN members may not invoke an unregistered treaty or international agreement before a UN organ, but the rules on state responsibility are not concerned with the secrecy or publicity of primary obligations. Injured states may resort to countermeasures for breaches of secret treaty obligations and can suspend compliance with secret treaty obligations as a countermeasure against the responsible state. States may also seek to enforce obligations in secret treaties by bringing claims in international courts and tribunals outside the UN system—and these courts and tribunals have proliferated.

Type: Article
Title: Secret Treaties in International Law and the Faith of States in Decentralized Enforcement
Open access status: An open access version is available from UCL Discovery
DOI: 10.1017/aju.2018.3
Publisher version: https://doi.org/10.1017/aju.2018.3
Language: English
Additional information: Copyright © 2018 by The American Society of International Law and Danae Azaria. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/10043778
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