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Legal shades of grey?

  • 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'.

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Metadaten
Author details:Andreas ZimmermannORCiDGND, Nora Jauer
DOI:https://doi.org/10.1628/avr-2021-0016
ISSN:0003-892X
ISSN:1868-7121
Title of parent work (English):Archiv des Völkerrechts
Subtitle (English):indirect legal effects of 'Memoranda of Understanding'
Publisher:Mohr Siebeck
Place of publishing:Tübingen
Publication type:Article
Language:English
Date of first publication:2021/11/09
Publication year:2021
Release date:2023/06/16
Volume:59
Issue:3
Number of pages:22
First page:278
Last Page:299
Organizational units:Juristische Fakultät / Öffentliches Recht
DDC classification:3 Sozialwissenschaften / 34 Recht / 340 Recht
Peer review:Nicht referiert
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