Abstract

Analyse: The study examines the concept of material breach of treaty. It carries out a content analysis of "material breach": what elements constitute it; what types of material breach there are; who commits breach and what organs are involved.
Equally, it studies the termination or suspension of treaties for breach through examining their limitations and conditions, and their nature and legal characterization. It also considers the implementation of the principle of termination or suspension.
In so doing, it analyzes the process according to which the rules are applied in terms of the course and the procedures to be followed. It examines the issue of competence to determine whether their exists material breach.
It explores problems which arise when the allegedly breaching party objects to claims of breach of treaty and the decision to denounce therefor. The vexed question of settlement of disputes arising from such claims is also addressed.

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