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- Preliminary Material
- Preface
- Acknowledgements
- Contents
- List of Abbreviations
- List of Contributors
- Table of Cases
- Permanent Court of International Justice
- International Court of Justice
- WTO Dispute Settlement System
- Arbitral Tribunals
- Court of Justice of the European Union
- European Commission of Human Rights
- European Court of Human Rights
- Inter-American Court of Human Rights
- International Criminal Tribunal for the Former Yugoslavia
- National Courts
- Main Text
- Part I Conclusion of Treaties
- 1 Are Agreements between States and Non-State Entities Rooted in the International Legal Order?
- 1 The Text of the Agreements: Ceasefires as an Application of the International Prohibition on the Use of Force?
- 2 The Text of the Agreements: Principles of Governance as International Legal Obligations?
- 3 The Implementation of Peace Agreements: Are They Perceived as International Legal Instruments?
- 4 Conclusion
- 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 Rights Treaty: Where Do We Stand?
- 1 Introduction
- 2 The Continued Relevance of the Vienna Convention on the Law of Treaties
- 3 The Work of the International Law Commission, 1996–2010
- 4 The Advantages of a Presumption of Severability
- 5 Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards
- 1 Are Agreements between States and Non-State Entities Rooted in the International Legal Order?
- Part II Interpretation of Treaties
- 6 The Rules on Interpretation: Misgivings, Misunderstandings, Miscarriage? The ‘Crucible’ Intended by the International Law Commission
- 1 Introduction
- 2 Misgivings on Rules on Interpretation
- 3 The Travaux Préparatoires of Articles 31 and 32
- 4 The Means of Interpretation in Articles 31 and 32—An Overview
- 5 The ‘Crucible’—How Are Articles 31 and 32 Intended to Be Applied?
- 6 Misunderstandings—Articles 31 and 32 in Practice and Their Alleged Textual Nature
- 7 Miscarriage? Articles 31 and 32 Qua Customary International Law and Qua Contractual Obligation
- 8 Conclusion
- 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
- 6 The Rules on Interpretation: Misgivings, Misunderstandings, Miscarriage? The ‘Crucible’ Intended by the International Law Commission
- Part III Observance and Application of Treaties
- 11 Consistency among Treaty 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
- 1 Beyond the Vienna Convention
- 2 ‘Demonization’ of the Council
- 3 Obligations Set Forth in Treaties
- 4 Particular Aspects of Security Council Treaty Action
- 4.1 The Security Council's role in relation to the conclusion and entry into force of treaties
- 4.2 Breach or threatened breach of treaty as a threat to international peace and security, and the enforcement of treaty obligations as a measure to be taken by the Security Council
- 4.3 Article 103 of the Charter
- 5 Conclusion
- 16 The European Courts and the Law of Treaties: The Continuing Story
- 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
- 1 The Rule on Coercion Established by Article 52 of the Vienna Convention
- 2 Practice after 1969
- 3 The Case of the Armed Activities in the Territory of the Congo
- 4 The Role of the Security Council
- 5 Possibility for the Coerced State to Waive its Claim
- 6 Article 52 and the Protection of Collective Interests
- 20 Absolute Invalidity of Treaties and Their Non-Recognition by Third States
- 1 The 1969 Vienna Convention on the Law of Treaties Provisions Governing Absolute Invalidity and their Shortcomings
- 2 Possible Approaches Concerning the Position of Third States with Regard to Treaties Absolutely Invalid
- 3 Non-Recognition and Its Meanings
- 4 The Early Practice Concerning Non-Recognition of Treaties and Situations
- 5 The Later Practice
- 6 Towards an Obligation for Third States not to Recognize a Treaty as Absolutely Invalid
- 21 Desuetude and Obsolescence of Treaties
- 22 Invalidity and Termination of Treaties and Rules of Procedure
- 1 The Rules of the Vienna Convention
- 2 National Courts and the Ascertainment of Invalidity or Termination of Treaties
- 3 The Nature of the Problem at the International Level
- 4 The Solutions at the National Level
- 5 Treaties Conflicting with Jus Cogens or Concluded under Threat of Use of Force
- 6 Concluding Remarks
- Part V Jus Cogens beyond the Vienna Convention
- 23 The Metamorphosis of Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Legal Order?
- 24 The Distinction between Jus Cogens and Obligations Erga Omnes
- 25 A Higher Law for Treaties?
- 1 Introductory Remarks: Jus Cogens across the Boundaries between the Law of Treaties and the Law of State Responsibility
- 2 Conceptualizing the Notion of Conflict under Articles 53 and 64: The Classical Forms of Conflict
- 3 Conflict by Divergence
- 4 The Ambiguity of the Notion: Divergence and Convergence
- 5 The Farthest End of the Spectrum: Occasional Collision
- 6 Jus Cogens and Rules on Sovereign Immunity
- 7 Concluding Remarks
- Part I Conclusion of Treaties
- Further Material
- [18.207.160.97]
- 18.207.160.97
