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Publication . Book . 2021 . Embargo end date: 18 May 2021

Possible Indirect Legal Effects under International Law of Non-Legally Binding Instruments

Zimmermann, Andreas J.; Jauer, Nora;
Open Access  
Published: 01 Jan 2021
Publisher: Freie Universität Berlin
Country: Germany
Abstract
As part of the current overall process of de-formalization in international law States increasingly chose informal, non-legally binding agreements or ‘Memoranda of Understanding’ (‘MOUs') to organize their international affairs. The increasing conclusion of such legally non-binding instruments in addition to their flexibility, however, also leads to uncertainties in international relations. Against this background, this article deals with possible indirect legal consequences produced by MOUs. It discusses the different legal mechanisms and avenues that may give rise to secondary legal effects of MOUs through a process of interaction with and interpretation in line with other (formal) sources of international law. The article further considers various strategies how to avoid such eventual possible unintended or unexpected indirect legal effects of MOUs when drafting such instruments and when dealing with them subsequent to their respective ‘adoption’.
Subjects by Vocabulary

Medical Subject Headings: health care economics and organizations humanities education

Dewey Decimal Classification: ddc:300 ddc:340

Subjects

de-formalization, International Law, 300 Sozialwissenschaften::340 Recht::340 Recht, de-formalization, International Law

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