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The Paradigm of State Consent in the Law of Treaties: Challenges and Perspectives

The Paradigm of State Consent in the Law of Treaties: Challenges and Perspectives

Author: Vassillis Pergantis
Publisher: Edward Elgar Publishing
ISBN: 9781786432223
Published In: August 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This insightful book offers a comprehensive account of the conceptual challenges facing state consent in the framework of treaty making.

It highlights the relevant discursive patterns and pinpoints the increasing antagonism between treaty bodies and state parties over the ownership of treaty evolution, with the author warning of the repercussions of treaty institutionalization.

Showcasing the broad and encompassing nature of treaties, the author highlights the surrounding conflicts through chapters on the theory and concept of treaty, and case-studies on the flexibility of processes concerning consent to be bound, on treaty withdrawal, and on the automatic succession doctrine and the law of reservations.

The last part of the book explores how the invocation of the collective interest ideal, the institutionalization of treaties and the recurrence of formalism can endanger the legitimacy and effectiveness of treaty regimes.

This book offers an original perspective on the role of state consent in the law of treaties and will be of great interest to academics, researchers and practitioners of international law seeking further knowledge about this complex topic.

Preface

Introduction

Part I Theoretical Framework and Definitional Inquiries on the Paradigm of State Consent in the Law of Treaties

1. Theoretical Background

2. Reconstructing the Treaty Concept

Part II Case-Studies on Challenges to the Paradigm of State Consent in the Law of Treaties

3. The Limits of Informality in the Expression of Consent to be Bound

4. State Consent in Treaty Withdrawal Cases

5. Succession to Public Order Treaties

6. State Consent and Reservations to Human Rights Treaties

Index