ISBN : 9780199588916
This book offers a comprehensive analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. It revisits the basic concepts underlying the provisions of the Vienna Convention, so as to determine the actual state of the law and its foreseeable development. In doing so, it examines some of the most controversial aspects of the law of treaties. The book first explores the influence exerted by the Vienna Convention on pre-existing customary law. Certain rules of the Convention which, at the time of its adoption, appeared to fall within the realm of progressive development, can now be regarded as customary international rules. Conversely, a number of provisions of the Convention, in particular those which have been the subject of subsequent codification work by the International Law Commission, have become obsolete. It then examines the impact exerted by the Vienna Convention on the development of other fields of international law, such as the law of international responsibility and the law of international organizations. The last section of the book is devoted to cross-cutting issues, with particular reference to the notion of jus cogens - a concept first used in the Vienna Convention in connection with the problem of the validity of treaties and which, afterwards, has acquired a legal significance going well beyond the Convention. Written by a team of renowned international lawyers, this book offers new insight into the basic concepts and methodology of the law of treaties and its problems.
PART I - CONCLUSION OF TREATIES
1. Are Agreements between States and Non-State Entities Rooted in the International Legal Order?
2. Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?
3. Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance
4. Legal Consequences of an Impermissible Reservation to a Human Right Treaty: Where Do We Stand?
5. Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards
PART II - INTERPRETATION OF TREATIES
6. The Rules on Interpretation - Misgivings, Misunderstandings, Miscarriage? The 'Crucible' Intended by the International Law Commission
7. Evolutionary Interpretation of Treaties: Between Memory and Prophecy
8. Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body
9. Supplementary Means of Interpretation
10. Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement
PART III - OBSERVANCE AND APPLICATION OF TREATIES
11. Consistency among Treaties Obligations
12. Beyond the Vienna Convention: Conflicting Treaty Provisions
13. International Organizations as Third Parties under the Law of International Treaties
14. Treaties Establishing Objective Regimes
15. The Law of Treaties and the UN Security Council: Some Reflections
16. The European Courts and the Law of Treaties: The Continuing Story
17. 17. Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties
PART IV - INVALIDITY AND TERMINATION OF TREATIES
18. Invalidity of Treaties: Anything New in/under the Vienna Conventions?
19. Coercion as a Ground Affecting the Validity of Peace Treaties
20. Absolute Invalidity of Treaties and Their Non-Recognition by Third States
21. Desuetude and Obsolescence of Treaties
22. Invalidity and Termination of Treaties and Rules of Procedure
PART V - JUS COGENS BEYOND THE VIENNA CONVENTION
23. The Metamorphosis of the Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Order?
24. The Distinction between Jus Cogens and Obligations Erga Omnes
25. A Higher Law for Treaties?