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 The Convention

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

This chapter deals about Article 4. Article 4 contains separate and distinct parts. The first part deals with the convention qua customary law or as regards any underlying general principles of law. In this respect, it is stated that the application of the convention is without prejudice to the application of any rules set forth in the present convention to which treaties would be subject under international law. The second part of Article 4 concerns the convention qua contractual obligation and provides that the convention applies only to treaties which are concluded after the entry into force of the present convention with regard to such states. The principle formulated in the first part of Article 4 has a wider significance applying, mutatis mutandis, to all treaties. This conclusion solves the logical problem of how Article 4 itself may operate before the convention has entered into force via a particular state.

Keywords: convention; mutatis mutandis; non-retroactivity; qua contractual obligation; qua customary law



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