ABSTRACT

This chapter concentrates the problem of breach, or nonperformance, of an international agreement and considers when the behavior relating to the performance of an agreement deviates so far from the expectations of both the parties and the world community that the agreement is in a state of breach or nonperformance. Any participant in the performance of an international agreement may invoke a breach, although the available arenas for relief, as well as the availability of suitable remedies, may be limited by the claimant's status. Decisionmakers who must determine whether a particular agreement is being effectively complied with should be guided by general community policies and the policies of the parties; both should be considered in light of all the factors surrounding the invocation of breach. The Vienna Convention's attempt to formulate a legal definition of breach necessitated corollary provisions on defenses. Many agreements are worded in imprecise language that fails to spell out the obligations incurred by the respective parties.