download article as .pdf: La procedura di modifica dei trattati romani. Alcune osservazioni sui foedera aequa et foedera iniqua


The paper is focused on the problem of the regulation of the possibility to modify the conditions of Roman treaties. Firstly, it examines the hypothesis of Fernandez Nieto regarding the difference between the Greek and the Roman modification clause and reaches the conclusion that no such difference can be observed, since the Greek and the Roman treaties seem to reproduce the same models. Secondly, the study focuses on the “consensus” part of the modification clause and investigates whether the difference between foedera aequa and iniqua affects the procedures for the modification of the treaty, i.e. whether the dominant position of one of the counterparts entitles it to make unilateral modifications. Evidence suggests that unilateral modifications seem impossible both in foedera aequa and iniqua, so the conclusion can be made that the foedus iniquum treats the parties as formally equal even when asymmetrical rights and obligations are involved.