ABSTRACT
The thesis of Chapter 5 is that, although subjects of international law have a great deal of freedom in entering into obligations, this freedom is not unlimited in various respects. At the same time, most limitations are relative in nature, as they are most often imposed by the parties themselves. The chapter discusses the concept of freedom to enter into international obligations, its legal status, and the principles protecting it. Various choices within the framework of freedom are also considered. These relate to the partner of the obligation; the nature of the obligation (legal or political obligation); the legal instrument in which the obligation is to be entered into (contract, other instrument); the form of the obligation (written, oral, concluding); and the determination of the substantive content of the obligation, including the scope of rights and obligations and the duration of international obligations, the manner of performance, the consequences of breach, the settlement of disputes, and their limitations. In addition, the problem of standardisation of obligations, in particular treaty obligations (including treaty clauses) and unilateral obligations, as well as treaty models, is considered.
