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Volume I, Part II Conclusion and Entry into Force of Treaties, s.3 Entry Into Force and Provisional Application of Treaties, Art.24 1969 Vienna Convention »

Anthony Aust
From: The Vienna Conventions on the Law of Treaties
Edited By: Olivier Corten, Pierre Klein
Aust, A. , Modern Treaty Law and Practice (2nd edn, Cambridge: Cambridge University Press, 2007) Blix, Hans and Emerson, Jirina H. (eds), The Treaty Maker's Handbook (New York: Oceana, 1973) McNair, A. , Law of Treaties (2nd edn, Oxford: Oxford University Press, 1961) Sinclair, I. , The Vienna Convention on the Law of Treaties (Manchester: Manchester University Press, 1984) 1. ‘The treaty becomes international law after 40 countries have ratified [the treaty].’ 1 This statement in a serious British newspaper shows the general lack of knowledge about treaties and...

Volume I, Part II Conclusion and Entry into Force of Treaties, s.3 Entry Into Force and Provisional Application of Treaties, Art.24 1986 Vienna Convention »

Anthony Aust
From: The Vienna Conventions on the Law of Treaties
Edited By: Olivier Corten, Pierre Klein
Watts, A. , The International Law Commission 1949–1998 (Oxford: Oxford University Press, 1999) 1. For treaties between States and international organizations, or between international organizations, only the Vienna Convention 1986 can apply, though this is of little practical importance given that the 1986 Convention follows the Vienna Convention 1969 very closely by replicating its principles and rules. 2. So there is nothing more useful one can say about Article 24 of the 1986 Convention except that (as the International Law Commission said when it presented the...

s.I Foundational Issues, 2 Alternatives to Treaty-Making: MOUs as Political Commitments »

Anthony Aust
From: The Oxford Guide to Treaties
Edited By: Duncan B. Hollis
Open covenants of peace, openly arrived at, after which there shall be no private international understandings of any kind, but diplomacy shall proceed always frankly and in the public view. 1 Since 1919, when US President Woodrow Wilson issued this sincere, but hopelessly unworldly, appeal, diplomacy has continued to develop many new ways of doing business. Even when the subject matter is proper and lawful, diplomats know that it is not possible for all international deals to be embodied in treaties, whether or not they are on important matters. Yet, the deal...

Civil Aviation, Offences against Safety »

Anthony Aust
1 The use of force against a civil aircraft of course endangers not only the aircraft but also all those on board. It raises two particular issues concerning the use of force: its use by State [s] and its use by non-State actors , typically terrorists ( Terrorism ). These need to be carefully distinguished. The use of force by a State raises primarily issues of international law as to the lawfulness of the force used. Use of force by a non-State actor raises issues of both domestic law and international law ( International Law and Domestic [Municipal] Law ) . The...

Pacta Sunt Servanda »

Anthony Aust
1 The pacta sunt servanda rule embodies an elementary and universally agreed principle fundamental to all legal systems ( General Principles of Law ). Although its good faith (bona fide) element runs through many aspects of international law—and the legal effect of certain unilateral statements rests on good faith—it is of prime importance for the stability of treaty relations ( treaties ). The oft-quoted Latin phrase means no more than that agreements which are legally binding must be performed. The third preamble to the Vienna Convention on the Law of Treaties...

Treaties, Termination »

Anthony Aust
1 Denunciation denotes a unilateral act by which a party seeks to terminate its participation in a treaty ( Unilateral Acts of States in International Law ). Lawful denunciation of a bilateral treaty ( Treaties ) terminates it. Although denunciation is also used in relation to a multilateral treaty, the better term is withdrawal . Withdrawal of a party from a multilateral treaty will not normally result in its termination. But, for simplicity, termination will here be used to describe both termination of a bilateral treaty and withdrawal from a multilateral...

Treaties, Territorial Application »

Anthony Aust
1 Because of its nature, in order to be effective a treaty such as the United Nations Charter has to apply to all the territory of the parties. Other treaties will, by their terms, identify explicitly or by necessary implication the territory of the parties to which they relate. Some treaties clearly apply to the activities of a party or its nationals outside its territory. A party to the Antarctic Treaty (1959) ( Antarctica ), which applies to the area south of 60° south latitude, is required to apply the treaty to its nationals in that area. But that treaty is...

Vienna Convention on the Law of Treaties (1969) »

Anthony Aust
1 The law of treaties is the body of rules which govern what is a treaty, how it is made and brought into force, amended, terminated, and generally operates. Apart from issues of ius cogens , it is not concerned with the substance of a treaty (the rights and obligations created by it), which is known as treaty law. Although the Vienna Convention on the Law of Treaties (‘VCLT’) does not occupy the whole ground of the law of treaties, it covers the most important areas and is the indispensable starting point for any description of the law. For good reason, the VCLT...