Clauses Providing Possibility of Choice in International Treaties

Abstract

The use of clauses that provide possibility of choice is explicitly permitted in the law of treaties, whereby international treaties can provide the contracting states various ways to shape the content of the agreement according to their national needs and interests. Although these clauses can be found in many international treaties, they have not been examined in detail so far. In order to remedy this deficiency, the paper gives a definition for the clauses, presents the examples found in international treaties, creates a categorisation of these examples, analyses the rules governing the application of the clauses and examines the limits of their application. With the help of these issues, the study aims to provide an insight into the specific features of these provisions, the mechanisms by which they operate and to reveal the reasons of their use.