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Conceptual and Contextual Perspectives on the Modern Law of Treaties

Edited by: Michael J. Bowman, Dino Kritsiotis

ISBN13: 9781108978521
Published: December 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £36.99
Hardback edition , ISBN13 9781107100527



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In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

  • Considers the entire corpus of modern treaty law
  • Includes internationally renowned contributors
  • Brings together conceptual and contextual issues to create new insights

Subjects:
Public International Law
Contents:
1. Introduction – the interplay of concept, context and content in the modern law of treaties
Michael Bowman and Dino Kritsiotis
2. A 'modern' law of treaties?
Frank Berman
3. Treaties within the history of international law
Randall Lesaffer
Part I. Conceptual Perspectives:
4. Typologies and the 'essential juridical character' of treaties
Catherine Brölmann
5. The ends of consent
Matthew Craven
6. Treaties as 'living instruments'
Daniel Moeckli and Nigel D. White
7. Treaties and their preambles
Jan Klabbers
8. The principle of privity
Michael Waibel
9. The object and purpose of a treaty's object and purpose
Dino Kritsiotis
10. The regime for provisional application of treaties and the internal logic of the VCLT
Anneliese Quast Mertsch
11. Characteristics of the Vienna Convention Rules on Treaty Interpretation
Richard Gardiner
12. Subsequent practice and treaty modification
Irina Buga
13. Treaty obligations, universalized norms and differentiated responsibilities
Michael Bowman
14. Regulating treaty breaches
Christian Tams
Part II. Contextual Perspectives:
15. Territory and its relationship to treaties
Barbara Miltner
16. Human rights
Christine Chinkin
17. Law of war/law of armed conflict/international humanitarian law
Francoise Hampson
18. Disarmament
Lisa Tabassi and Femi Elias
19. International criminal law
Elizabeth Wilmshurst
20. International investment law
Julian Davis Mortensen
21. International environmental law
Duncan French and Karen Scott
22. International law of the sea
David M. Ong
23. The Law of Treaties, the law of state responsibility and non-performance of treaty obligations – a view from the case law
Malgosia Fitzmaurice
24. Security Council Resolution 687 (1991)
Michael Wood
25. World Trade Organization
Joost Pauwelyn and Isabelle Van Damme
26. The International Labour Organization
Anne Trebilcock
27. The World Health Organization
Egle Granziera and Steven A. Solomon
28. The International Maritime Organization
Dorota Lost-Sieminska
29. The European Union
Panos Koutrakos
30. The Council of Europe
Jeremy McBride
Part III. Final Reflections:
31. Taking stock – roads for the modern law of treaties from here
Michael Bowman and Dino Kritsiotis
32. Final reflections on concept, context and content in the modern law of treaties
Michael Bowman.