RESOLUTION OF CONFLICTING TREATY-BASED INTERNATIONAL OBLIGATIONS: THE DILEMMAS AND ALTERNATIVES UNDER INTERNATIONAL LAW.
Publication Date : 07/04/2021
From the time of Thales, the western philosopher, to the Stoics and Skeptics, ancient Greek philosophy has provided the roots for western intellectual traditions when it relates to the life of reasoning, rational thinking and conflict resolution. Today, unlike the days of old, conflicts have transcended from the occasion of wars and battles for territories to the proliferation of treaties under international law. Overtime, it has now been discovered that the viability of international law, as a legal system, rests principally on the viability of treaties as a source of law. In fact, in the second half of the 20th century, the international system was supported by the development of treaties. As such, these came with states making use of treaties as the primary tool in the construction of international institutions and in the codification of norms. Notwithstanding, with the passage of time, the very success of treaties as an instrument of policy sustenance has birthed a new dilemma: a superfluity of treaties which tend to overlap and with increasing frequency, conflict with one another. To this end, this essay addresses conflict between treaties, and considers how lawyers and policy makers may react to the challenges of treaty-based conflicts cum proliferation. Sufficient arguments are laid to prove that current rules are inadequate to provide clear, systematic remedies to the resolution of treaty-based conflicts under international law. Responding to treaty-based conflicts requires more than just a revision of the relevant provisions of the VCLT. Given this, new landscapes towards the resolution of treaty conflict and congestion are mapped out.
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