Full Description
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.
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.
