LIMITING CLAUSES AND ITS ROLE IN INTERNATIONAL TREATIES

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AHMADINEJAD MARYAM; AMINOROAYA YASER

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2019 | Volume:48 | Issue:4 Page(s): 787-808

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Title

LIMITING CLAUSES AND ITS ROLE IN INTERNATIONAL TREATIES

Author(s)

AHMADINEJAD MARYAM | AMINOROAYA YASER | Issue Writer Certificate

Keywords

INTERNATIONAL LAWQ2

LIMITING CLAUSESQ1

INTERNATIONAL TREATIESQ2

STATESQ1

ESSENTIAL INTERESTSQ1

Abstract

The rule of STATES in INTERNATIONAL LAW refers to a dual situation; on one hand, the classic teachings of the INTERNATIONAL LAW about the Law of Treaties such as commitment to INTERNATIONAL TREATIES and the sovereignty of law by granting unconditional freedoms to STATES are conflict in maintaining of the national interests and the other hand, in critical and certain situations and also for the nature of some of the INTERNATIONAL TREATIES consequently must be considered authorities for STATES with preservation of ESSENTIAL INTERESTS of them. To solve this dual condition and reconciliation between international cooperation and unilateralism of the STATES, a condition named "Limiting Clauses" were accepted in INTERNATIONAL LAW. these clauses, creates the mechanism though that helps to the participation of STATES in expanding the legal order and the pact of INTERNATIONAL TREATIES, predicts authority and the practical freedom for released of the STATES from international commitments when that the State Insert to exposed a super danger.

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