SMENT HOUSE HONG KONG.
་
Mr Bunter 0/
You may be interested
this.
Mr Martin Dinjrám Government, Cuse
is for. intention
HED 23 DEC 92 09:12
per-3D Breachs. CONFIDENTIAL
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RECEIVED IN BEGISTRY
DESK OFFICER
INDEX
1993
FA
V
PRC: JD
REGISTRY Action Taken
PG.05
Page No. 2
No suprises here
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M. Gauges Exops. Vogjin
Many thanks
جا
سفندية
I === that the Chinese have threatened to "tear
I feel sure that they would
nevertheless,
the Joint Declaration.
have
a
te that
stupid but you may
few basic
case.
The
subject
international legal points
to
like
An
the
of breaches
of
I am azraid,
well-established
Background justin
treaties and the consequences thereof is not,
straightforward
basic principles:
but there are a few
(a)
Treaties
are binding
on the
Parties
CO
them
in good faith,
fundamental zule
known ás
"Расса
and must be performed by them
This is the
sunt servanda" (treaties are made to be kept).
(b) A treaty which contains no provision regarding
its termination (like the JD)
cannot
be
denounced or abrogated unless the Parties agree,
OX
unless
is established
that
the
ParczeS
intended
to
admit
the possibility oi
denunciation
OI
withdrawal
or a
Fight
to
denounce
OI
withdrawal cân be implied by
nature of the treaty.
ne
A
material breach of
one treaty by
Parzy
entitles
the
for ground
in whole or suspending it
other to invoke that breach 코드
terminating the treaty
in part.
A "material
breach" would include an unlawful
of the treaty by one of the Parties,
repudiation
CONFIDENTIAL
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