ABSTRACT

The thrust of Chapter 8 is to argue that it is fundamental for the performance of international obligations to create and maintain, within the limits of international law, conditions of stability and continuity in their performance. International law contains instruments to ensure continuity and stability in the performance of obligations and quite strictly sets out rules for the termination of obligations, rejecting prescription (lapse of time) as a basis for the termination of obligations. In considering the stability and continuity of obligations, there is a discussion of prohibitions against absolving oneself from the obligation to perform obligations by reference to domestic law/institutions/procedures or domestic or external problems, the situation of the impact of an armed conflict on the performance of obligations, or a breach by another party. Additionally, the obligation to harmonise obligations arising from different sources and conflict resolution techniques between international obligations are analysed. Finally, the problems of extinctive prescription and cessation of international obligations in relation to particular sources, as well as the maintenance of obligations in the event of succession, are considered.