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Treaty abuse : Why criticism of the doctrine is unfounded

Linderfalk, Ulf LU (2018) In Journal of International Dispute Settlement 9(2). p.254-290
Abstract

Although treaty abuse is an increasingly occurring element in international legal arguments, especially in the sphere of international economic law, the concept is still viewed by many lawyers as suspicious, for several reasons. First, lawyers have doubts about the legal status of the treaty abuse doctrine. Second, as many lawyers would seem to believe, the concept of treaty abuse is imprecise-it is the expression of some loose or unsettled idea about the function of international law that cannot be explained in a clear and coherent manner. Third, lawyers fear that by accepting the validity of a treaty abuse argument, a court or tribunal will import elements into a treaty that were not there originally, and by so doing, will encroach... (More)

Although treaty abuse is an increasingly occurring element in international legal arguments, especially in the sphere of international economic law, the concept is still viewed by many lawyers as suspicious, for several reasons. First, lawyers have doubts about the legal status of the treaty abuse doctrine. Second, as many lawyers would seem to believe, the concept of treaty abuse is imprecise-it is the expression of some loose or unsettled idea about the function of international law that cannot be explained in a clear and coherent manner. Third, lawyers fear that by accepting the validity of a treaty abuse argument, a court or tribunal will import elements into a treaty that were not there originally, and by so doing, will encroach upon the sovereign right of the parties to define between themselves the precise terms of application of their treaty.

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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Public international law, Folrätt
in
Journal of International Dispute Settlement
volume
9
issue
2
pages
37 pages
external identifiers
  • scopus:85056792483
ISSN
2040-3585
DOI
10.1093/jnlids/idx018
language
English
LU publication?
yes
id
a685cf54-c0f0-4103-a90c-d70b21657766
date added to LUP
2018-11-28 10:10:25
date last changed
2019-01-06 14:17:39
@article{a685cf54-c0f0-4103-a90c-d70b21657766,
  abstract     = {<p>Although treaty abuse is an increasingly occurring element in international legal arguments, especially in the sphere of international economic law, the concept is still viewed by many lawyers as suspicious, for several reasons. First, lawyers have doubts about the legal status of the treaty abuse doctrine. Second, as many lawyers would seem to believe, the concept of treaty abuse is imprecise-it is the expression of some loose or unsettled idea about the function of international law that cannot be explained in a clear and coherent manner. Third, lawyers fear that by accepting the validity of a treaty abuse argument, a court or tribunal will import elements into a treaty that were not there originally, and by so doing, will encroach upon the sovereign right of the parties to define between themselves the precise terms of application of their treaty.</p>},
  author       = {Linderfalk, Ulf},
  issn         = {2040-3585},
  keyword      = {Public international law,Folrätt},
  language     = {eng},
  number       = {2},
  pages        = {254--290},
  series       = {Journal of International Dispute Settlement},
  title        = {Treaty abuse : Why criticism of the doctrine is unfounded},
  url          = {http://dx.doi.org/10.1093/jnlids/idx018},
  volume       = {9},
  year         = {2018},
}