A formalist take on the intervention that launched a 1000 memes: why 'specific and limited'? A (quick and superficial) search through the usual suspects -- ICJ/ILC/RIAA/UN Ybks/conferences -- shows no context where that phrase has established technical meaning. My 2 1/2 answers: https://twitter.com/AdamJSchwarz/status/1303307680329740288
(1) Law of treaties angle. ‘Specific and limited’ relevant not for what it is but for what it is not; if one were trying to describe a breach that is NOT material, a phrase along these lines would probably come to mind. Purpose: preclude termination/suspension by the other Party.
(1) Law of treaties angle. ‘Specific and limited’ relevant not for what it is but for what it is not; if one were trying to describe a breach that is NOT material, a phrase along these lines would probably come to mind. Purpose: preclude termination/suspension by the other Party.
(1) Law of treaties angle. ‘Specific and limited’ relevant not for what it is but for what it is not; if one were trying to describe a breach that is NOT material, a phrase along these lines would probably come to mind. Purpose: preclude termination/suspension by the other Party.
(2) Law of responsibility angle. Under Withdrawal Agreement/law of countermeasures, seriousness/gravity of breach is a key consideration for measuring permissible response, and ‘specific and limited’ breach minimises this factor. Purpose: minimise available measures in response.
(2) Law of responsibility angle. Under Withdrawal Agreement/law of countermeasures, seriousness/gravity of breach is a key consideration for measuring permissible response, and ‘specific and limited’ breach minimises this factor. Purpose: minimise available measures in response.
(2) Law of responsibility angle. Under Withdrawal Agreement/law of countermeasures, seriousness/gravity of breach is a key consideration for measuring permissible response, and ‘specific and limited’ breach minimises this factor. Purpose: minimise available measures in response.
(2) Law of responsibility angle. Under Withdrawal Agreement/law of countermeasures, seriousness/gravity of breach is a key consideration for measuring permissible response, and ‘specific and limited’ breach minimises this factor. Purpose: minimise available measures in response.
(3) The speculative half-answer is approximate application, a point considered but not decided by the ICJ in Gabcikovo-Nagymaro: the proposition that if a treaty cannot be applied literally it must be applied by approximating it most closely to its primary object. Fin.
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