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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Oxford Guide to Treaties

ISBN13: 9780198712961
Published: March 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2012)
Price: £48.49
Hardback edition , ISBN13 9780199601813

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From trade relations to greenhouse gasses, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations and individuals.

For centuries, treaties have regulated relations among nation states. They are the dominant source of international law. Being adept with treaties and international agreements is an indispensible skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations.

The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work.

Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses.

Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone involved in the creation or interpretation of treaties or other forms of international agreement.

Public International Law
Harold Koh: Foreword
Duncan Hollis: Introduction

Part I. Foundational Issues
1: Duncan Hollis: Defining the Treaty
2: Anthony Aust: Alternatives to Treaty-Making-Political Commitments
3: Olefumi Elias: Who Can Make Treaties? International Organizations
4: Marise Cremona: Who Can Make Treaties? The European Union and the European Community
5: Thomas Grant: Who Can Make Treaties? Other Subjects of International Law
6: Kal Raustiala: The Role of NGOs in Treaty-Making

Part II: Treaty Formation
7: George Korontzis: Making the Treaty
8: Curt Bradley: Treaty Signature
9: Robert Dalton: Provisional Application
10: Annebeth Rosenboom and Arancha Hinojal: Managing the Process of Treaty Formation
11: Edward Swaine: Reservations, Understandings and Declarations

Part III: Treaty Application
12: TBC: The Territorial Application of Treaties
13: David Bederman: Third Party Rights and Obligations in Treaties
14: Jutta Brunnee: How do Treaty Obligations Change? Amendments
15: David Sloss: Applying Treaties in Domestic Law
16: Gerhard Hafner: Treaty Succession
17: Geir Ulfstein: Treaty Regimes
18: Christopher Borgen: Treaty Conflicts-Fragmentation and the Law of Treaties

Part IV: Treaty Interpretation
19: Richard Gardiner: The Vienna Convention Rules on Treaty Interpretation
20: Catherine Brollman: Specialized Rules of Treaty Interpretation-International Organizations (IOs)
21: Basak Çali: Specialized Rules of Treaty Interpretation-Human Rights

Part V: Avoiding or Exiting Treaty Commitments
22: Jan Klabbers: Invalid Treaties
23: Bruno Simma and Christian Tams: Treaty Breach
24: Malgosia Fitzmaurice: Exceptional Circumstances and Treaty Commitments
25: Larry Helfer: Terminating Treaties

Part VI: Treaty Clauses and Instruments