Abstract
Treaties of peace concluding general wars usually deal with a great variety of subjects requiring settlement. Though some of these subjects concern a limited number of parties, other members of the victorious coalition participate in the drafting or at least give their support and approval. For convenience all of the settlements, no matter how diverse, are usually assembled in one general act. Peace treaties sometimes specifically state special means for revision of some of their parts, but even where there is no specific provision on the subject, clauses which have an interest limited to some of the parties are generally modified by those parties acting alone.1 This practice became established with respect to revisions of the General Act of the Congress of Vienna. There were some initial protests, but they were pressed less seriously with the passage of time.
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References
Cf. Palieri, La formation des traités dans la pratique internationale contemporaine,74 REC. DES COURS 465–542 (1949). Palieri suggests that the interested states are free to modify parts of a general settlement which are of private application, because of a “general rule by which each State is free to make what it will of its rights and to renounce them or to use them as means of exchange against other advantages.” Id. at 532 (Translated).
BRIERLY, THE LAW OF NATIONS 266–267n. (5th ed. 1955); Hyde, The Revision of Treaties and of Settlements Registered in Treaties, 2 HUNGARIAN QUARTERLY 203 at 206 (1936); TOBIN, THE TERMINATION OF MULTIPARTITE THEATIES 50–51, 144–146 (1933). McNair has suggested that certain other permanent rights pertaining to territory might likewise exist thereafter independent of the treaty which created them. McNair, Les effets de la guerre sur les traités, 59 REC. DES COURS 537–555 (1937); cf. Palieri, La formation des traités dans la pratique international contemporaine, 74 REC. DES COURS 465 at 532 (1949).
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© 1959 Martinus Nijhoff, The Hague, Netherlands
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Hoyt, E.C. (1959). Multipartite Peace Settlements. In: The Unanimity Rule in the Revision of Treaties a Re-Examination. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9566-9_4
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DOI: https://doi.org/10.1007/978-94-011-9566-9_4
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