 | E. Lauterpacht - 1963 - 926 pages
...whole or in part. 3. A material breach of a treaty, for the purpose of this article, consists in : (b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty." Here it is important to emphasize the reference to the violation of a provision in paragraph 3 (b).... | |
 | Academie De Droit International De La Ha - 1969 - 632 pages
...alone justifies abrogation. But the last section of the Article defines a "material" breach as "(b) The violation of a provision essential to the accomplishment of the object or purpose of the treaty." This seems to come back most of the way to what most people have understood by "fundamental". Certainly,... | |
 | 1971 - 654 pages
...article, consists in : (a) a repudiation of the treaty not sanctioned by the present Convention ; or (b) the violation of a provision essential to the accomplishment...prejudice to any provision in the treaty applicable in t lie event of a breach. 5. Paragraphs 1 to 3 do not apply to provisions relating to the protection... | |
 | Taslim Olawale Elias - 1972 - 280 pages
...being defined as: (a) a repudiation of the treaty not sanctioned by the present convention; or (b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty, (art. 60, para. 3). The General Assembly resolution 2l45 (XXI) determines that both forms of material... | |
 | Edvard Isak Hambro, Arthur W. Rovine - 1974 - 664 pages
...respect to codify existing customary law (AC./. Reports 1971, p. 47) a material breach is defined as the violation of a provision essential to the accomplishment of the object and purpose of the treaty. The determination of the existence of a material breach necessarily requires... | |
 | United States. Congress. House. Committee on Appropriations - 1975 - 726 pages
...operation of the treaty in whole or in part. . . . 3. A material breach of a treaty . . . consists In : (b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty." It will be noted that under the Vienna Convention a defaulting state may not Invoke the breach of another... | |
 | E. Lauterpacht - 1975 - 528 pages
...respect to codify existing customary law (ICJ Reports 1971, p. 47) a material breach is defined as the violation of a provision essential to the accomplishment of the object and purpose of the treaty. The determination of the existence of a material breach necessarily requires... | |
 | 1979 - 482 pages
...Provisions of the Treaty Applicable in the Event of a Breach Paragraph 4 of Article 60 provides that the foregoing paragraphs "are without prejudice to...in the treaty applicable in the event of a breach". It is not common for the provisions of a treaty specifically to contemplate the event of a breach,... | |
 | United States. Congress. Senate. Committee on Foreign Relations - 1979 - 144 pages
...1969 Vienna Convention on the Law of Treaties, a material breach of a multilateral treaty (that is, a violation of a provision essential to the accomplishment of the object or purpose of the treaty) by one of the parties entitles the other parties by unanimous 17 According to a proposal put forward... | |
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A material breach of a treaty, for the purposes of this article, consists in : (a) a repudiation of the treaty not sanctioned by the present Convention; or (b) the violation of a provision essential to the accomplishment of the object or purpose of the... 
