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preliminaries of peace [1 record]

Record 1 1987-03-11

English

Subject field(s)
  • War and Peace (International Law)
CONT

Although ready to terminate the war through a treaty of peace, belligerents are frequently not able to settle all the terms at once. In such cases hostilities are usually brought to an end through so-called preliminaries of peace, the definitive treaty to take the place of the preliminaries being concluded later on. Such preliminaries are a treaty in themselves, embodying an agreement between the parties regarding such terms of peace as are essential. Preliminaries are as binding as any other treaty, and therefore need ratification. Very often, but not necessarily, the definitive treaty of peace is concluded at a place other than that at which the preliminaries were settled.

CONT

... a preliminary treaty of peace may be either of two things. Sometimes it is only a promise to conclude a final treaty of peace, that is to say, a simple pactum de contrahendo. But sometimes also a preliminary treaty of peace contains clauses which manifestly restore peace, although the settlement of certain questions is altogether reserved for the final treaty.

French

Domaine(s)
  • Guerre et paix (Droit international)
DEF

Accord conclu entre États belligérants en vue de mettre fin à la guerre et qui, suivant les dispositions qu'il contient, soit constitue seulement une promesse de conclure la paix, soit opère le rétablissement de la paix en laissant à un traité ultérieur le soin de régler les questions que cet accord préliminaire laisse en suspens.

Spanish

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