Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Non-Retroactivity Of Treaties

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The non-retroactivity of law in general is a well-established principle both in domestic and in international law. Article 28 commences with the exception and then goes on to enunciate the principle, namely that a treaty's provisions do not bind a party to the treaty before the date of the entry into force of the treaty. No contractual obligations arise for the State party in two situations: first, in relation to any act or fact, which took place, that is, an event which was completed, before the date of entry into force of the treaty. Any continuing situation, do not fall under the treaty, if they ceased to exist before the date of the entry into force of the treaty. States can rebut the presumption in Article 28 and declare treaty provisions retroactive by expressly stating this in the treaty itself. The rules appear generally accepted and reflect customary international law.

Keywords: Article 28; international law; Non-retroactivity; treaty



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation