The law of treaties beyond the Vienna Convention

edited by Enzo Cannizzaro ; contributors, Mahnoush H. Arsanjani ... [et al.]

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.

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[目次]

  • PART I - CONCLUSION OF TREATIES
  • 1. Are Agreements between States and Non-State Entities Rooted in the International Legal Order?
  • 2. Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?
  • 3. Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance
  • 4. Legal Consequences of an Impermissible Reservation to a Human Right Treaty: Where Do We Stand?
  • 5. Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards
  • PART II - INTERPRETATION OF TREATIES
  • 6. The Rules on Interpretation - Misgivings, Misunderstandings, Miscarriage? The 'Crucible' Intended by the International Law Commission
  • 7. Evolutionary Interpretation of Treaties: Between Memory and Prophecy
  • 8. Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body
  • 9. Supplementary Means of Interpretation
  • 10. 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. Consistency among Treaties Obligations
  • 12. Beyond the Vienna Convention: Conflicting Treaty Provisions
  • 13. International Organizations as Third Parties under the Law of International Treaties
  • 14. Treaties Establishing Objective Regimes
  • 15. The Law of Treaties and the UN Security Council: Some Reflections
  • 16. The European Courts and the Law of Treaties: The Continuing Story
  • 17. 17. Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties
  • PART IV - INVALIDITY AND TERMINATION OF TREATIES
  • 18. Invalidity of Treaties: Anything New in/under the Vienna Conventions?
  • 19. Coercion as a Ground Affecting the Validity of Peace Treaties
  • 20. Absolute Invalidity of Treaties and Their Non-Recognition by Third States
  • 21. Desuetude and Obsolescence of Treaties
  • 22. Invalidity and Termination of Treaties and Rules of Procedure
  • PART V - JUS COGENS BEYOND THE VIENNA CONVENTION
  • 23. The Metamorphosis of the Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Order?
  • 24. The Distinction between Jus Cogens and Obligations Erga Omnes
  • 25. A Higher Law for Treaties?

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この本の情報

書名 The law of treaties beyond the Vienna Convention
著作者等 Arsanjani, Mahnoush H.
Cannizzaro, Enzo
出版元 Oxford University Press
刊行年月 2011
ページ数 xxxi, 464 p., [1] leaf of plates
大きさ 24 cm
ISBN 9780199588916
NCID BB05483230
※クリックでCiNii Booksを表示
言語 英語
出版国 イギリス
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