In the Application of the Interim Accord of 13 September 1995 Case between FYROM and Greece the ICJ found that the three additional arguments invoked by the Respondent to justifiy its objection to Applicant’s admission to NATO, in alleged breach of Art. 11 of the Accord, share certain common minimum conditions. In the Respondent's view, the wrongfulness of that objection was precluded as it was a reaction against previuos violations of the Accord made by the Applicant, therefore in application of the exceptio non adimpleti contractus doctrine, or as a countermeasure under the law of state responsibility, or as a response to a material breach of the Accord, under Art. 60 VCLT 1969. However, each additional argument has its own legal content and nature, thus its own substantial and procedural conditions, which needed to be identified and addressed separately. The same can be said as regards their relationship within the international legal order.

La Corte internazionale di giustizia e le reazioni alla violazione di trattati bilaterali: la sospensione del trattato e gli altri rimedi

CIMIOTTA, EMANUELE
2013

Abstract

In the Application of the Interim Accord of 13 September 1995 Case between FYROM and Greece the ICJ found that the three additional arguments invoked by the Respondent to justifiy its objection to Applicant’s admission to NATO, in alleged breach of Art. 11 of the Accord, share certain common minimum conditions. In the Respondent's view, the wrongfulness of that objection was precluded as it was a reaction against previuos violations of the Accord made by the Applicant, therefore in application of the exceptio non adimpleti contractus doctrine, or as a countermeasure under the law of state responsibility, or as a response to a material breach of the Accord, under Art. 60 VCLT 1969. However, each additional argument has its own legal content and nature, thus its own substantial and procedural conditions, which needed to be identified and addressed separately. The same can be said as regards their relationship within the international legal order.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11573/508298
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