"The effect of war upon the existing treaties of belligerents is one of the unsettled problems of the law." At one time, writers on international law felt that war, ipso facto, abrogated all bilateral treaties between the combatants, with the exception of those treaties especially designed to regulate the conduct of hostilities. The modern trend is to a more flexible approach; the courts attempt to discern the intention of the parties at the time they concluded the treaty or deal with the problem pragmatically, preserving or annulling the treaties as the necessities of war exact. Disagreement persists, however, and it is the purpose of this comment to supplement the previous comparative study with a discussion of the efforts of the United States Government to resolve the problem in framing treaties after World Wars I and II and an analysis of how these efforts have fared in the courts.
Stanley T. Lesser S.Ed.,
INTERNATIONAL LAW-TREATY PROVISIONS DEALING WITH THE STATUS OF PRE-WAR BILATERAL TREATIES,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol51/iss4/7