"Error in International Agreements"

"Error in International Agreements" "ERROR IN INTERNATIONAL AGREEMENTS" By Halldor Jón Kristjansson, Cand. Jur., University of Iceland, L.L.M. (in international legal studies), New York University I. INTRODUCTION Recorded instances in which errors of substance have been invoked as affecting the essential validity of a treaty are few, and almost all of them concern geographical errors. The following illustrations of such errors were cited by the Harvard Law School research group on the law of treaties in their draft (The Harvard Draft): (1) The Treaty of August 5th, 1772, between Russia and Austria for the first partition of Poland and the treaty of cession of September 18, 1773, between Poland and Austria, both provided that the new frontier of Poland should follow a petty stream, which was later found to have no existence. (2) The Treaty of September 3rd, 1783, between the U.K. and U.S. referred to the Northwest angle of Nova Scotia as being formed by a line drawn due North from the source of the St. Croix river. The map used by the negotiators correctly represented the existence of a river, but it did not designate its true course or position, nor was there any river in the region commonly known http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

"Error in International Agreements"

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Publisher
Brill
Copyright
© 1981 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
D.O.I.
10.1163/187529381X00097
Publisher site
See Article on Publisher Site

Abstract

"ERROR IN INTERNATIONAL AGREEMENTS" By Halldor Jón Kristjansson, Cand. Jur., University of Iceland, L.L.M. (in international legal studies), New York University I. INTRODUCTION Recorded instances in which errors of substance have been invoked as affecting the essential validity of a treaty are few, and almost all of them concern geographical errors. The following illustrations of such errors were cited by the Harvard Law School research group on the law of treaties in their draft (The Harvard Draft): (1) The Treaty of August 5th, 1772, between Russia and Austria for the first partition of Poland and the treaty of cession of September 18, 1773, between Poland and Austria, both provided that the new frontier of Poland should follow a petty stream, which was later found to have no existence. (2) The Treaty of September 3rd, 1783, between the U.K. and U.S. referred to the Northwest angle of Nova Scotia as being formed by a line drawn due North from the source of the St. Croix river. The map used by the negotiators correctly represented the existence of a river, but it did not designate its true course or position, nor was there any river in the region commonly known

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1981

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