ABSTRACT

The purpose of Chapter 6 is to show that in the theory of international obligations a very important and underestimated concept is the performance of an international obligation. A subsidiary but important assertion is that in international law, as in domestic law, it is necessary not only to establish that an obligation is performed but also how it is performed. Furthermore, it is intended to show that there are general principles and standards to determine whether an obligation is duly performed. Chapter 6 considers the concept of performance (including its relationship to the law-making, interpretation, application, and enforcement of international law) and the criteria for the proper performance of obligations (as to person, place, time, object, and manner). It considers the principle of bona fide performance of obligations, as well as the principles of performance (compliance with the substance of the obligation, performance in toto and in accordance with international law). It also systematises the standards for the performance of obligations: good faith, reasonableness, equity, effectiveness, appropriateness, reciprocity, and due diligence.