Save

The Exceptio Non Adimpleti Contractus in Public International Law

In: International Community Law Review
Author:
Maria Xiouri LLB (Athens), LLM (Cantab, Athens), PhD (QMUL), University of Bedfordshire

Search for other papers by Maria Xiouri in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$34.95

Abstract

The position of the exceptio non adimpleti contractus in public international law as a response to the breach of a treaty is surrounded by uncertainty. This article offers an analytical examination of: i) the notion of the exceptio and its relationship to other responses to the breach of a treaty; ii) the question of its conditions of application; and iii) its character as a rule of international law. It argues that the exceptio is distinct both from responses pursuant to Article 60 of the Vienna Convention on the Law of Treaties (VCLT) and from countermeasures; however, there is uncertainty with regard to its conditions of application. The exceptio can be considered as a general principle of law and, as such, can fill gaps in the regulation of responses to the breach of a treaty. However, it remains unclear whether the exceptio constitutes a rule of customary international law.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 1930 380 34
Full Text Views 115 10 0
PDF Views & Downloads 163 28 0