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Law of Treaties Beyond the Vienna Convention

Law of Treaties Beyond the Vienna Convention

Name: Law of Treaties Beyond the Vienna Convention
Brand: Oxford University Press
SKU: 9780199588916
Price: 1607.78 HKD
Availability: OutOfStock
Author: Enzo Cannizzaro
ISBN: 9780199588916

By Enzo Cannizzaro

Oxford University Press February 2011

Specifications

ISBN-13: 9780199588916
Publisher: Oxford University Press
Publication: February 2011
Format: Hardback
Jurisdiction: International ? Countri(es) for reference only

Details

A comprehensive assessment of the Vienna Convention on the Law of Treaties by a stellar team of contributors
Insightful examination of the interplay between the Vienna Convention and customary international law, interpreting the provisions of the Convention in light of subsequent developments
Innovative analysis of the crucial concept of jus cogens and the role it has come to play in international law since its creation in the Vienna Convention

This book offers a comprehensive analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. It revisits the basic concepts underlying the provisions of the Vienna Convention, so as to determine the actual state of the law and its foreseeable development. In doing so, it examines some of the most controversial aspects of the law of treaties.

The book first explores the influence exerted by the Vienna Convention on pre-existing customary law. Certain rules of the Convention which, at the time of its adoption, appeared to fall within the realm of progressive development, can now be regarded as customary international rules. Conversely, a number of provisions of the Convention, in particular those which have been the subject of subsequent codification work by the International Law Commission, have become obsolete. It then examines the impact exerted by the Vienna Convention on the development of other fields of international law, such as the law of international responsibility and the law of international organizations. The last section of the book is devoted to cross-cutting issues, with particular reference to the notion of jus cogens - a concept first used in the Vienna Convention in connection with the problem of the validity of treaties and which, afterwards, has acquired a legal significance going well beyond the Convention.

Written by a team of renowned international lawyers, this book offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Readership: Scholars and students of general international law and the law of treaties; international and domestic practitioners working on cases which involve the interpretation of international treaties; government and NGO officers involved in the interpretation of already concluded treaties and the negotiation of new ones

Contents:: Part I - Conclusion of Treaties; 1: Olivier Corten and Pierre Klein: Are Agreements between States and Non-State Entities Rooted in the International Legal Order?; 2: Paolo Palchetti: Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?; 3: Alain Pellet and Daniel Müller: Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance; 4: Bruno Simma and Gleider I. Hernández: Legal Consequences of an Impermissible Reservation to a Human Right Treaty: Where Do We Stand?; 5: Mahnoush H. Arsanjani and W. Michael Reisman: Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards; Part II - Interpretation of Treaties; 6: Mark E. Villiger: The Rules on Interpretation - Misgivings, Misunderstandings, Miscarriage? The 'Crucible' Intended by the International Law Commission; 7: Pierre-Marie Dupuy: Evolutionary Interpretation of Treaties: Between Memory and Prophecy; 8: Georg Nolte: Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body; 9: Luigi Sbolci: Supplementary Means of Interpretation; 10: Donald McRae: Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement; Part III - Observance and Application of Treaties; 11: Benedetto Conforti: Consistency among Treaties Obligations; 12: Jan Klabbers: Beyond the Vienna Convention: Conflicting Treaty Provisions; 13: Christian Tomuschat: International Organizations as Third Parties under the Law of International Treaties; 14: Francesco Salerno: Treaties Establishing Objective Regimes; 15: Michael Wood: The Law of Treaties and the UN Security Council: Some Reflections; 16: Pieter Jan Kuijper: The European Courts and the Law of Treaties: The Continuing Story; 17: Fausto Pocar:
17. Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties; Part IV - Invalidity and Termination of Treaties; 18: Joe Verhoeven: Invalidity of Treaties: Anything New in/under the Vienna Conventions?; 19: Serena Forlati: Coercion as a Ground Affecting the Validity of Peace Treaties; 20: Alessandra Gianelli: Absolute Invalidity of Treaties and Their Non-Recognition by Third States; 21: Marcelo G. Kohen: Desuetude and Obsolescence of Treaties; 22: Annalisa Ciampi: Invalidity and Termination of Treaties and Rules of Procedure; Part V - Jus Cogens Beyond the Vienna Convention; 23: Karl Zemanek: The Metamorphosis of the Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Order?; 24: Paolo Picone: The Distinction between Jus Cogens and Obligations Erga Omnes; 25: Enzo Cannizzaro: A Higher Law for Treaties?;

About the Author

Edited by Enzo Cannizzaro, Professor of international Law, University of Roma "La Sapienza"

Contributors:

Mahnoush Arsanjani - Former Director, Codification Division of the UN Office of Legal Affairs
Annalisa Ciampi - Associate Professor of EU Law, University of Verona.
Benedetto Conforti - Emeritus Professor of International Law, University of Naples 'Federico II'; former Judge, European Court of Human Rights
Olivier Corten - Professor of International Law, Université libre de Bruxelles
Pierre-Marie Dupuy - Professor of International Law, Graduate Institute of International and Development Studies, Geneva and University of Panthéon-Assas, Paris 2.
Serena Forlati - Associate Professor of International Law, University of Ferrara.
Alessandra Gianelli - Professor of International Law, University of Teramo
Gleider I. Hernández - Associate Legal Officer/Law Clerk, International Court of Justice;
Jan Klabbers - Professor of International Organizations Law, University of Helsinki.
Pierre Klein - Professor of International Law, Université libre de Bruxelles
Marcelo Kohen - Professor of International Law, Graduate Institute of International and Development Studies, Geneva;
Pieter-Jan Kuijper - Professor of the Law of International Organizations, University of Amsterdam;
Donald McRae - Hyman Soloway Professor, University of Ottawa
Daniel Müller - Researcher, Centre de droit international de Nanterre (CEDIN), University of Paris X-Nanterre
Georg Nolte - Professor of Law, Humboldt University of Berlin
Paolo Palchetti - Associate Professor of International Law, University of Macerata.
Alain Pellet - Professor of International Law, University of Paris X-Nanterre
Paolo Picone - Professor of International Law, University of Rome 'La Sapienza'
Fausto Pocar - Professor of International Law, University of Milan; Judge
W. Michael Reisman - Myres S. McDougal Professor of International Law, Yale Law School
Francesco Salerno - Professor of International Law, University of Ferrara
Luigi Sbolci - Professor of International Law, University of Florence
Bruno Simma - Judge, International Court of Justice; William W. Cook Global Law Professor, University of Michigan Christian Tomuschat - Emeritus Professor, Humboldt University of Berlin
Joe Verhoeven - Professor of International Law, University of Paris II Panthéon-Assas
Mark Villiger - Professor of Law, University of Zurich; Judge, European Court of Human Rights
Sir Michael Wood - Senior Fellow, Lauterpacht Centre for International Law, University of Cambridge
Karl Zemanek - Emeritus Professor of Law, University of Vienna

Reviews

"The essays presented in this collection not only examine the various most interesting concepts and institutions of the law of treaties under the Vienna Convention and the interplay between these and general international law and highlight the impact that the Vienna Convention has exerted on the development of general international law, but also do so in a thoroughly analytical way. This is a book that will repay reading." - Sienho Yee, Chinese Journal of International Law

"There can be few such compilations of works by so many different contributors that achieve such coherence of subject matter, themes and styles. All in all, it is a very valuable addition to the literature on the law of treaties." - Richard Gardiner, University College London, UK

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