TY  - JOUR
A1  - Zimmermann, Andreas
A1  - Jauer, Nora
T1  - Legal shades of grey?
BT  - indirect legal effects of 'Memoranda of Understanding'
JF  - Archiv des Völkerrechts
N2  - As part of the current 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 such 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'.
Y1  - 2021
U6  - https://doi.org/10.1628/avr-2021-0016
SN  - 0003-892X
SN  - 1868-7121
VL  - 59
IS  - 3
SP  - 278
EP  - 299
PB  - Mohr Siebeck
CY  - Tübingen
ER  - 
TY  - JOUR
A1  - Zimmermann, Andreas
A1  - Jauer, Nora
T1  - Possible indirect legal effects under international law of non-legally binding instruments
JF  - KFG working paper series
N2  - 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’.
Y1  - 2021
UR  - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3840767
SN  - 2509-3770
SN  - 2509-3762
VL  - 48
PB  - Berlin Potsdam Research Group International Law - Rise or Decline?
CY  - Berlin
ER  -