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- Preliminary Material
- Dedication
- Preface to the Second Edition
- Acknowledgements
- Contents
- Table of Cases
- African Commission on Human and Peoples’ Rights
- Arbitration Commission of the Conference on Yugoslavia (Badinter Commission)
- Arbitration Tribunal for the Determination of the Maritime Boundary between Guinea-Bissau and Senegal
- Australia
- Austria
- Belgium-Netherlands Iron Rhine Railway Line Arbitral Tribunal
- Canada
- Central American Court of Justice
- Cyprus
- Dubai-Sharjah Court of Arbitration
- Eritrea Ethiopia Boundary Commission
- Eritrea Ethiopia Claims Commission
- European Commission of Human Rights
- European Court of Human Rights (ECtHR)
- European Court of Justice (ECJ)/Court of Justice of the European Union (CJEU)
- France
- Geneva Tribunal
- Germany
- Ghana
- India
- Inter-American Commission of Human Rights
- Inter-American Court of Human Rights
- International Centre for Settlement of Investment Disputes (ICSID)
- International Court of Justice (ICJ)
- International Criminal Court
- International Criminal Tribunal for former Yugoslavia (ICTY)
- International Tribunal for the Law of the Sea
- Israel
- Italy
- Kosovo
- League of Nations Arbitral Commissions
- Libyan Oil Concessions Arbitrations
- NAFTA Tribunal
- Netherlands
- New Zealand v France Arbitration Tribunal
- Norway
- Permanent Court of Arbitration (PCA)
- Permanent Court of International Justice (PCIJ)
- Poland
- Singapore
- South Africa
- Switzerland
- UN Convention on the Law of the Sea Annex VII Arbitration
- United Kingdom
- United Nations Human Rights Committee
- United States
- US-France Air Services Agreement
- US-Libya Deeds of Concession
- US-UK Air Services Agreement (Bermuda 2)
- World Trade Organization (WTO)
- Table of Instruments
- Instruments on Law of Treaties and Treaty Interpretation
- Materials on Responsibility of States and International Organizations
- Multilateral Treaties and International Agreements
- Regional Instruments
- Bilateral Treaties and International Agreements
- Afghanistan – Germany
- Afghanistan – USA
- Albania – USA
- Andorra – Germany
- Angola – Netherlands
- Argentina – USA
- Australia – Belgium
- Australia – Commission for the Conservation of Southern Bluefin Tuna
- Australia – EU
- Australia – France
- Australia – Indonesia
- Australia – Italy
- Australia – New Zealand
- Australia – Usa
- Austria – Czech Republic
- Austria – Slovenia
- Belgium – Netherlands
- Belize – Netherlands
- Belize – USA
- Bermuda – Japan
- Bermuda – USA
- Canada – Denmark
- Canada – Gabon
- Canada – EU
- Canada – Germany
- Canada – Israel
- Canada – Italy
- Canada – Jordan
- Canada – Latvia
- Canada – Slovak Republic
- Canada – South Africa
- Canada – UK
- Canada – USA
- Central African Republic – EU
- China – Jamaica
- China – New Zealand
- China – Portugal
- China – Spain
- China – UK
- Cook Islands – New Zealand
- Congo – Iaea
- Czechoslovakia– Hungary
- Eaec – India
- Egypt – Finland
- ESA – EU
- EU – CELAC (Community of Latin American and Carribean States)
- EU – Ghana
- EU – ICC
- EU – Japan
- EU – Korea
- EU – Russia
- EU – Solomon Islands
- EU – Trinidad and Tobago
- EU – USA
- Finland – Tanzania
- France – Russia
- France – UK
- France – USA
- Germany – USA
- Guatemala – Belize
- Hong Kong Sar – UK
- Hong Kong Sar – United Arab Emirates
- Iaea – Norway
- India – USA
- Iran – USA
- Iraq – Kuwait
- Ireland – Poland
- Ireland – UK
- Israel – Slovakia
- Italy – Qatar
- Jersey – USA
- Kosovo – Turkey
- Malta – USA
- Mexico – UK
- Netherlands – Philippines
- New Zealand – UK
- New Zealand – USA
- Pakistan – USA
- Panama – South Korea
- Philippines – Thailand
- Poland – Uzbekistan
- Russia – UK
- Russia – USA
- South Korea - US
- Spain – United Nations
- Switzerland – Uruguay
- Tajikistan – Ukraine
- UK – USA
- Ukraine – USA
- United Nations – Sierra Leone
- USA – USSR
- Yemen (AR) – Yemen (PDR)
- Political Commitments
- Instruments and Acts of Legislation or Regulation
- List of Abbreviations
- List of Contributors
- Main Text
- Introduction
- Part I Foundational Issues
- 1 Defining Treaties
- Introduction
- I Defining Treaties in Context
- II Defining the ‘Treaty’ in International Law
- Conclusion
- Recommended Reading
- 2 Current Theorizations about the Treaty in International Law
- 3 Alternatives to Treaty-Making— Informal Agreements
- 4 Compliance or Effectiveness? Assessing the Reach (and Limits) of Treaty-Making
- 1 Defining Treaties
- Part II The Treaty-Makers
- 5 Who Can Make Treaties? International Organizations
- 6 Who Can Make Treaties? The European Union
- Introduction
- I The European Union’s Capacity to Make Treaties
- II The Legal Effects of EU Treaty-Making
- Conclusion
- Recommended Reading
- 7 Who Can Make Treaties? Other Subjects of International Law
- Introduction
- I Treaty-Making by ‘Other Subjects of International Law’
- II Other Subjects of International Law and the Law of Treaties
- III Responsibility for Breach of the Non-State Treaty
- Conclusion
- Recommended Readings
- 8 NGOs in International Treaty-Making
- Part III Treaty Formation
- 9 Making the Treaty
- 10 Provisional Application of Treaties
- Introduction
- I A Shift in Terminology
- II The Formal Source of the Binding Effect of Provisional Application and Its Form
- III The Legal Effects of Provisional Application
- A Provisional application establishes an obligation to apply the treaty provisionally
- 1 Article 25 VCLT and its preparatory works
- 2 Judicial decisions and State practice within judicial proceedings
- 3 Responses of governments in the Sixth Committee to the ILC’s Work on Provisional Application of Treaties (2016–18)
- 4 Legal effects in the relationship between parties and those provisionally applying the treaty
- B Distinguishing provisional application from other ‘institutions’
- A Provisional application establishes an obligation to apply the treaty provisionally
- IV The Relationship between Provisional Application and Domestic Law
- V Termination of Provisional Application
- Conclusions
- Recommended Reading
- 11 Managing the Process of Treaty Formation: Depositaries and Registration
- Introduction
- I The Role of the Depositary
- A The original treaty and the certified true copies
- B Signature
- C Consent to be bound and entry into force
- D Authorities competent to issue full powers and instruments of consent to be bound
- E Entities that may become parties
- F Amendments to treaties
- G Correction of errors
- H Reservations, declarations, objections, and communications
- I Conclusions on the depositary role
- II The Registration of Treaties in Accordance with Article 102 of the UN Charter: Scope and Consequences
- Recommended Reading
- 12 Treaty Reservations
- Part IV Treaty Application
- 13 The Relationship(s) between Treaties and Territory
- Introduction
- I Treaties in Their Relation to States’ Territories—Territorial Application of Treaties Proper
- II Treaties and Their Non-territorial Application
- III The Extraterritorial Application of Some Treaties
- Conclusion
- Recommended Reading
- 14 Treaty Amendments
- Introduction
- I The Standard Amendment Process—Explicit Consent
- II Amendments with Tacit Consent or ‘Opt-Out’
- III Amendments with Majority Ratification
- IV Amendment by Consensus or Majority Plenary Decision
- V Modifications between Certain Parties Only
- VI Amendment before Entry into Force
- Conclusion
- Recommended Reading
- 15 Domestic Application of Treaties
- 16 State Succession in Respect of Treaty Relationships
- Introduction
- I General Framework: Definitions, Theories, Effects, and Taxonomy of Treaty Succession
- II The Substance of the Law of Treaty Succession
- A Unilateral declarations and devolution agreements
- B Newly independent States
- C Succession of States other than newly independent States
- D Legal regimes not affected by State succession
- III Other Aspects of the Law of Treaty Succession
- Conclusion
- Recommended Reading
- 17 Treaty Bodies and Regimes
- 18 Treaty Conflicts and Systemic Fragmentation
- Introduction
- I Drivers of Conflict and Fragmentation
- II How a Treaty Can Conflict with Another Source of Law
- III Resolving Normative Conflicts Involving Treaties
- Conclusion: From Treaty Conflicts to Systemic Fragmentation, and Back Again
- Recommended Reading
- 13 The Relationship(s) between Treaties and Territory
- Part V Treaty Interpretation
- 19 The Vienna Convention Rules on Treaty Interpretation
- 20 The Interpretation of Treaties over Time
- 21 Specialized Rules of Treaty Interpretation: Human Rights
- Introduction
- I International Human Rights Treaty Interpretation: Exceptional or Specialized?
- II Specialized Interpretive Principles in the Field of Human Rights Treaty Law
- III The Interpretive Forum: Interpretation of Human Rights Treaties by Specialized or General International Bodies or Domestic Courts
- Conclusion
- Recommended Reading
- 22 Specialized Rules of Treaty Interpretation: International Organizations
- Part VI Avoiding or Exiting Treaty Commitments
- 23 The Validity and Invalidity of Treaties
- 24 Reacting against Treaty Breaches
- Introduction
- I Specific and General Rules Governing Reactions Against Treaty Breaches: An Overview
- II The Law of Treaties: Article 60 VCLT
- III The Law of State Responsibility: Countermeasures
- Conclusion
- Recommended Reading
- 25 Exceptional Circumstances and Treaty Commitments
- Introduction
- I Supervening Impossibility of Performance
- II Fundamental Change of Circumstances
- III The State of Necessity and Treaty Obligations
- IV Distinguishing Supervening Impossibility of Performance, Fundamental Change of Circumstances, and the Law of State Responsibility (Including the Plea of Necessity)
- General Conclusions
- Recommended Reading
- 26 Terminating Treaties
- Part VII Treaty Clauses and Instruments
- Preliminary Material
- Initial Decisions on Treaty-Making
- 1 Distinguishing Treaties from Political Commitments
- 2 Object and Purpose
- 3 Participation Conditions for States
- A Closed treaties
- B Participation by invitation
- C Conditional participation
- 1 Open to States who engage in particular activity
- 2 Participation limited to members of a specific organization
- 3 Participation limited to States from within a specific region
- 4 Open to parties to an existing treaty
- 5 Participation based on acceptance of a political commitment
- 6 Multiple bases for participation
- D Open treaties
- 4 Participation Conditions for Non-State Actors
- 5 NGO Involvement
- Conditions on Joining a Treaty
- 6 Consent to be Bound
- 7 Reservations
- A Clauses prohibiting treaty reservations entirely
- B Reservations expressly permitted
- 1 Generally
- 2 Except those incompatible with the treaty’s object and purpose
- 3 Only where authorized by the treaty
- 4 For all provisions except certain articles
- 5 For certain provisions or parts of the treaty only
- 6 For parts other than the main treaty text
- 7 With respect to excluding certain subjects
- 8 Dependent on the existence of certain factual conditions
- 9 So long as it relates to one or more specific provisions
- C Admissibility of reservations
- D Withdrawing reservations
- 8 Declarations and Notifications
- Constituting the Treaty and its Dissemination
- 9 Languages
- 10 Annexes
- 11 Entry into Force
- A Bilateral agreements: entry into force
- B Multilateral treaties: entry into force
- 1 On signature
- 2 On a set date with exchange of notifications
- 3 On a date following deposit of ratification instruments by all negotiating parties
- 4 On a date following deposit of a specific number of instruments
- 5 On a date following deposit of a specific number of instruments, including those of certain States or percentages of States
- 6 On a date following deposit of a specific number of instruments, including an IO’s
- 7 On a date following deposit of a specific number of instruments not including those of an IO
- 8 Following deposit of a specific number of instruments and entry into force of the underlying treaty
- 9 On a set date or later date following satisfaction of conditions
- 10 By mutual agreement of certain parties
- C Joining a treaty after conditions for its entry into force are satisfied
- D Entry into force differentiated from effect
- 12 The Depositary
- Applying the Treaty
- 13 Provisional Application
- 14 Territorial and Extraterritorial Application
- 15 Federal States
- 16 Third Party Rights and Obligations
- 17 Relationships to Other Treaties
- A Supersession clauses
- B Clauses providing for the priority of the present treaty
- 1 Present treaty prevails over all treaties
- 2 Present treaty prevails over past and future treaties
- 3 Present treaty prevails over earlier treaties for parties to both
- 4 Present treaty prevails over IO member’s constituent instrument
- 5 Obligation to eliminate incompatibilities with respect to existing treaties with third parties
- 6 Existing treaties must be compatible with the present treaty
- 7 Future treaties must be compatible with the present treaty
- 8 Existing and future treaties must be compatible with the present treaty
- C Clauses providing for the priority of another treaty
- D Modifications and supplementary agreements
- E Obligation to consult on present treaty’s relationship to future treaty
- F Comprehensive treatment of relations with other treaties
- 18 Derogations
- 19 Dispute Settlement
- Amendments
- 20 Standard Amendment Procedures
- A Procedures for revision or review
- B Amendments binding by unanimity
- C Amendments binding those parties that consent to them
- 1 Requiring consent to be bound from three-fourths of the parties
- 2 Requiring consent from three-fourths of the parties that were parties at the time of the adoption of the amendment
- 3 Requiring consent from two-thirds of the parties
- 4 Requiring consent from two-thirds of the parties and UNGA approval
- 5 Requiring consent from a majority of the parties
- 6 Requiring consent from a specific number of parties
- 7 On a date set by a Plenipotentiary Conference
- 8 Without specifying a threshold for entry into force
- 21 Simplified Amendment Procedures
- A Amendment for all parties by tacit consent with an opt-out
- B Amendment for all parties by majority consent
- 1 By ratification of seven-eighths of the parties (with an option for non-consenting parties to withdraw)
- 2 By three-fourths of the parties
- 3 By three-fourths of the parties (with non-consenting parties free to withdraw or remain if IO consents)
- 4 By two-thirds of the parties
- 5 By at least two-thirds of the contracting parties (with the possibility that non-consenting parties will cease to be parties to the treaty)
- 6 By a ‘positive majority’ (with no negative votes)
- 7 Tacit consent by provisional application
- C Amendment by adoption
- D Combining standard and simplified amendment procedures
- 20 Standard Amendment Procedures
- The End of Treaty Relations
- 22 Withdrawal or Denunciation
- A Withdrawal or denunciation at any time
- B Conditional right of withdrawal or denunciation
- 1 At any time after a specific period of time has passed
- 2 Only at fixed intervals
- 3 On notice after a specific period of time has passed
- 4 On notice after a specific period of time has passed with continuing legal effects
- 5 On notice with an explanation
- 6 When another party has given notice of withdrawal or denunciation
- 7 Effective only under certain conditions
- 8 On notice subject to a negotiated withdrawal agreement
- C Constructive withdrawal
- 23 Suspension
- 24 Duration and Termination
- A Treaty duration
- 1 A fixed term
- 2 A fixed term extending an earlier agreement
- 3 A fixed term with limited extension options
- 4 A fixed term that renews automatically unless terminated
- 5 A fixed term followed by a separate period of automatic renewal
- 6 A fixed term that parties may agree to extend affirmatively
- 7 A fixed term subject to extensions and conditions
- 8 Unlimited duration but with a right of withdrawal or denunciation
- B Treaty termination
- 1 On the completion of a specific operation or activity
- 2 Termination on the withdrawal of certain parties
- 3 Termination when the number of parties is reduced below a minimum threshold
- 4 Termination by decision of a treaty body
- 5 Termination on entry into force of a later treaty
- 6 Post-termination transitional provisions
- A Treaty duration
- 22 Withdrawal or Denunciation
- Further Material
- [35.172.164.32]
- 35.172.164.32
