International Law

The Oxford Guide to Treaties

By Duncan B. Hollis
Oxford University Press March 2014

Specifications

ISBN-13
9780198712961
Publisher
Oxford University Press
Publication
March 2014
Format
Paperback , 872 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • Comprehensive coverage of treaty law and practice providing a single reference point for students, academics, and practitioners
  • Expert contributions drawn from academia, governments, and international organizations to provide a wide range of perspectives
  • Accompanied by an appendix of sample treaty clauses and instruments, drawn from real world examples

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations.

The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

 

Readership: Practitioners, students, and scholars of international relations law, government and NGO legal advisors, officials in international organizations, and diplomats

Table of Contents

Duncan Hollis: Introduction
Part I. Foundational Issues
1: Duncan B. Hollis: Defining Treaties
2: Anthony Aust: Alternatives to Treaty-Making: MOUs as Political Commitments
3: Olufumi Elias: Who Can Make Treaties? International Organizations
4: Marise Cremona: Who Can Make Treaties? The European Union
5: Thomas Grant: Who Can Make Treaties? Other Subjects of International Law
6: Kal Raustiala: NGOs in International Treaty-Making
Part II: Treaty Formation
7: George Korontzis: Making the Treaty
8: Curtis A Bradley: Treaty Signature
9: Robert E Dalton: Provisional Application of Treaties
10: Arancha Hinojal-Oyarbide and Annebeth Rosenboom: Managing the Process of Treaty Formation-Depositaries and Registration
11: Edward T Swaine: Treaty Reservations
Part III: Treaty Application
12: Syméon Karagiannis: The Territorial Application of Treaties
13: David J Bederman: Third Party Rights and Obligations in Treaties
14: Jutta Brunnée: Treaty Amendments
15: David Sloss: Domestic Application of Treaties
16: Gerhard Hafner and Gregor Novak: State Succession in Respect of Treaties
17: Geir Ulfstein: Treaty Bodies and Regimes
18: Christopher J Borgen: Treaty Conflicts and Normative Fragmentation
Part IV: Treaty Interpretation
19: Richard Gardiner: The Vienna Convention Rules on Treaty Interpretation
20: Catherine Brölmann: Specialized Rules of Treaty Interpretation: International Organizations
21: Basak Çali: Specialized Rules of Treaty Interpretation: Human Rights
Part V: Avoiding or Exiting Treaty Commitments
22: Jan Klabbers: The Validity and Invalidity of Treaties
23: Bruno Simma and Christian Tams: Reacting against Treaty Breaches
24: Malgosia Fitzmaurice: Exceptional Circumstances and Treaty Commitments
25: Larry Helfer: Terminating Treaties
Part VI: Treaty Clauses and Instruments
Initial Decisions on Treaty-Making
Conditions on Joining a Treaty
Constituting the Treaty and its Dissemination
Applying the Treaty
Amendments
The End of Treaty Relations

About the Author

Duncan B. Hollis is Professor of Law and Associate Dean for Academic Affairs at Temple University's Beasley School of Law. Professor Hollis's scholarship focuses on treaties and other forms of international agreement, examining the formation, interpretation, and application of treaties and political commitments in international, comparative and constitutional contexts. He co-edited and co-authored National Treaty Law & Practice (2005) and his writings have appeared in journals such as the American Journal of International Law, Harvard International Law Journal, Texas Law Review, and the Virginia Journal of International Law. Prior to joining the Temple faculty, Professor Hollis served from 1998 to 2004 in the Office of the Legal Adviser at the U.S. Department of State. During his tenure at the State Department, he worked for several years as the attorney-adviser for treaty affairs, addressing legal and constitutional issues associated with U.S. treaties.

 

Contributors: 
Anthony Aust - former Deputy Legal Adviser, FCO
David Bederman - Emory University
Christopher Borgen - St. John's University
Curt Bradley - Duke University
Catherine Brollman - University of Amsterdam
Jutta Brunnee - University of Toronto
Basak Çali - UCL
Marise Cremona - EUI
Robert Dalton - U.S. Department of State
Olufumi Elias - World Bank Admin. Tribunal
Malgosia Fitzmaurice - Queen Mary, University of London
Richard Gardiner - UCL
Thomas Grant - Lauterpacht Centre for International Law, Cambridge
Gerhard Hafner - University of Vienna
Larry Helfer - Duke University
Arancha Hinojal - U.N. Office of Legal Affairs
Syméon Karagiannis - University of Strasbourg
Jan Klabbers - Helsinki University
George Korontzis - Deputy Director, UN Codification Division
Gregor Novak - University of Vienna
Kal Raustiala - UCLA
Annebeth Rosenboom - U.N. Office of Legal Affairs
Bruno Simma - Judge, ICJ
David Sloss - Santa Clara University
Edward Swaine - George Washington University
Christian Tams - Edinburgh University
Geir Ulfstein - Oslo University

Reviews

"The Oxford Guide to Treaties brings clarity to a topic of central importance to policymakers, practicing attorneys, and a wide range of academics. Comprehensive in its scope, and equally valuable both to those coming to treaties for the first time and to those who have spent many years poring over texts, the Oxford Guideprovides the reader with detailed explanations of the key rules and issues that mark contemporary international treaty law and practice. With contributions from leading scholars and practitioners, and expertly edited, theOxford Guide will serve as the authoritative reference volume in this field for years to come." - ASIL Award Citation

"The Oxford Guide to Treaties fills some important voids ... The Guide forms an excellent starting point for further research on such grand topics as interpretation, while some chapters on the narrower issues are so complete that the practitioner will find all she needs ... useful point of (first) reference for both practitioners and academics." - Tim Staal, European Journal of International Law

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