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Conceptual and Contextual Perspectives on the Modern Law of Treaties

Conceptual and Contextual Perspectives on the Modern Law of Treaties

Author: Michael J. Bowman; Dino Kritsiotis
Publisher: Cambridge University Press
ISBN: 9781108978521

Published In: December 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 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

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.

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