Suchergebnisse

In Bolivia v. Chile, this is not the first time that the ICJ has decided on the obligation to negotiate, but this is the first time it has been asked to analyze the way in which such an obligation can result from negotiations between States. International law is rich in techniques that can be used to oppose to a State the conduct expressing its will to oblige itself : the reasoning pursued in the judgment assesses all of the techniques that could theoretically have been the basis of the obligation to negotiate on the soil of negotiations. Soil not very fertile certainly, because it is difficult to identify a will to self-limit in a field perceived as an unlimited space of expression of their sovereignty by the States, but soil not completely sterile either, because we see that most arguments could have reasonably fruited. The opposability of an obligation to negotiate arising from the negotiations is unlikely in the present case, but that does not call into question the theoretical possibility of such an operation.