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Part IV Treaty Application, 17 Treaty Bodies and Regimes

Geir Ulfstein

From: The Oxford Guide to Treaties (2nd Edition)

Edited By: Duncan B. Hollis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 September 2023

Subject(s):
International co-operation — International organizations — Specific treaties

This chapter examines the current status of treaty bodies in international law and practice. Treaty bodies serve various functions. Some have many characteristics of an international organization (IO). In the international environmental context, treaty bodies have a multiplicity of tasks, including developing new substantive commitments, guiding sub-organs and the secretariat, and ensuring implementation of States’ obligations. The chapter explores why States have established treaty bodies the various structural forms they take, as well as their authority to act both internally and externally, on topics such as substantive decision-making, compliance, and coordination with other treaty bodies, IOs, and States. The analysis reveals how treaty bodies reflect developments towards an increasingly public character of international law, as international organs exercising functions delegated by States. They may also be seen as aspects of a growing international legalization, judicialization — and even constitutionalization — of international law.

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