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Vol 21 No 11 Nov/Dec 2016

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The Concept of Treaty in International Law


ISBN13: 9789041102447
ISBN: 9041102442
Published: June 1998
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £172.00



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Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, ex hypothesi, treaties.

In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called ""soft law"". Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals.

The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.

Subjects:
International Trade
Contents:
I. Treaty-like Instruments
An Overview.
II. The 1969 Vienna Convention's Definition.
III. On Intent.
IV. Several Varying Theses.
V. On the Co-existence of Normative Orders. Excursion to Chapter
V: The Soft Law Thesis.
VI. The World Court.
VII. Other Courts and Tribunals.