Date: 17 Set 2021 0 Comment Posted by: mariodanieledicamillo
The fact that the famous scholar Anthony Aust (author of an important textbook on contract law) proposed the intermediate contract of dichotomy and soft as a simple way to categorize intergovernmental “papers”, also contributes to the confusion. The problem is that many MOUs (“Memorandum of Understanding”) are actually treaties and some instruments called “Charter” or “Agreement” are actually MOUs to use the Aust system. International tribunals and arbitrators are often asked to settle important disputes over contractual interpretations. In order to identify the meaning in the context, these judicial bodies may themselves examine the preparatory work for the negotiation and elaboration of the treaty as well as the final contract signed. . . .