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Contents
- Preliminary Material
- Main Text
- Part I The Conclusion of Treaties
- Preliminary Material
- Ch.I Essential Character: Form: Terminology: Language
- Ch.II Parties and International Capacity
- (i) Fully Sovereign States
- (ii) The Holy See
- (iii) Federal States
- (iv) Confederations
- (v) Personal Union
- (vi) Real Union
- (vii) Dependent States (Protected and Vassal States)
- (viii) Permanently Neutralized States
- (ix) International Organizations of States
- (x) Native Chiefs and Peoples
- Vassal States: Bulgaria, 1894
- Ch.III Constitutional Requirements
- Ch.IV Municipal Action to Implement Treaties
- Ch.V The Commonwealth of Nations: Colonies and other Dependent Territories
- Ch.VI Full Powers and Signature
- Ch.VII Ratification
- Ch.VIII Accession: Acceptance
- Ch.IX Reservations
- Ch.X Registration and Publication of Treaties
- Ch.XI Dates of Entry into Force and of Commencement of Operation
- Ch.XII Essential Validity
- 1 Coercion or Duress
- 2 Mistake, including Mistake induced by Fraud
- 3 Incompatibility or Conflict with Rules of International Law or Treaty Obligations
- Note on the Declaration of Paris of 1856, The Hague Conventions of 1899 and 1907, and the Slavery Conventions of 1926 and 1956
- International Treaty for the Renunciation of War as an Instrument of National Policy
- Part II Certain Kinds of Treaties
- Preliminary Material
- Ch.XIII Treaties of Guarantee
- Ch.XIV Dispositive and Constitutive Treaties
- Ch.XV Most-Favoured-Nation Clauses
- 1 The Unconditional and the Conditional Types of Clause
- 2 Whether the Operation of the Clause is Contingent upon a Third State merely becoming Entitled to Claim Certain Treatment, or whether it Operates only when the Third State Actually Claims and Begins to Enjoy the Treatment.
- 3 Whether the Clause comes into Operation when the Most-favoured-nation Treatment is Enjoyed by the Third State as the Consequence of Municipal Enactment and not of a Treaty.
- 4 Customs Unions.
- 5 The Right Claimed under a Most-favoured-nation Clause must Relate to the Same Subject-matter as that Dealt with by the Treaty Containing the Clause
- 6 The Position of Colonies, Dependencies, and Trust Territories, and the Members of the Commonwealth of Nations
- 7 When does the Enjoyment of Most-favoured Nation Treatment by a Third State Survive the Expiry of the Original Treaty?
- 8 Modern United Kingdom practice
- 9 Miscellaneous. Expressions such as ‘like articles’, ‘similar articles’
- Rights and Privileges Obtained in the Course of a Territorial and Political Arrangement or a Peace Treaty
- Interpretations
- Part III The Scope of Operation of Treaties
- Preliminary Material
- Ch.XVI The General Rule: Pacta Tertiis Nec Nocent Nec Prosunt
- Ch.XVII The Effect of Treaties as Regards the Nationals of the Contracting Parties and of Third States
- (i) The control exercised by a State over its nationals and their property
- (ii) The acquisition of rights, as the result of a treaty, by the nationals of a contracting party
- (iii) The effects of a treaty upon the nationals of ‘third States’
- Note on the Nature of Rights Acquired by Individuals as a Result of Treaties
- Ch.XVIII Assignability of Treaty Obligations
- Part IV Interpretation and Application of Treaties
- Preliminary Material
- Ch.XIX The Functions of Municipal Courts in Regard to Treaties
- Ch.XX Interpretation: General: Plain Terms: Natural Meaning: Expressed Intention of Parties
- Ch.XXI Rule of Effectiveness: Rule of Liberal Construction
- Ch.XXII General Words and Special Words: The Ejusdem Generis Doctrine: Expressio Unius Est Exclusio Alterius
- Ch.XXIII Admissibility of Preparatory Work
- Ch.XXIV Effect of Subsequent Practice of the Parties: Contemporaneous Practical Interpretation
- Ch.XXV Bilingual and Multilingual Treaties
- Ch.XXVI Conditions, Express and Implied
- Ch.XXVII Miscellaneous Points
- Leaning against any Provision which Hampers the Exercise by a State of its Sovereign Powers
- Leaning against the Creation of Unusual Rights
- In dubio mitius
- The Need of Express Terms to Alter an Existing Rule of Law
- Contra proferentem
- Good faith
- The Background of International Law
- Agreement on Interpretation
- Treaties of Peace
- Inferences as to General Law drawn from Particular Stipulations in Treaties
- Note
- Ch.XXVIII Severance of Treaty Provisions
- (a) Whether a party having a right under a treaty to denounce it by notice may denounce a part only.
- (b) Whether the breach of any one or some of the provisions of a treaty by one party entitles the other party to denounce the whole treaty.
- (c) Whether the outbreak of war can affect the several provisions of a treaty in different ways.
- Ch.XXIX Estoppel
- Part V Termination of Treaties
- Preliminary Material
- Ch.XXX Pacta Sunt Servanda, and the General Presumption Against Unilateral Termination
- Ch.XXXI Termination by Agreement of Both or All Parties
- Ch.XXXII Termination by Act of One Party
- Ch.XXXIII Termination by Operation of the Treaty Itself or by Operation of Law
- (a) The Irrelevance of Changes in the Form of the Government of a State Party to a Treaty or in the Persons Composing that Government
- (b) The Effects of the Succession, Partial or Complete, of one State Party to a Treaty by Another State
- (c) The Effect of Desuetude and Lapse of Time
- (d) Obsolescence
- (e) Extinction of a Party
- Ch.XXXIV Effects of Valid Termination of a Treaty
- Ch.XXXV The Revision of Treaties
- Part VI Breach of Treaty
- Preliminary Material
- Ch.XXXVI Breach of Treaty: What Constitutes A Breach: Consequences and Remedies
- I What Constitutes a Breach
- II When a Breach Occurs, What Rights and Remedies Accrue to the Other Party?
- A Right of Unilateral Abrogation Accruing to One Party from Violation by Another Party
- Note on Effect of Failure of Object of a Stipulation upon the Continuance in Force of that Stipulation: Distinction between the Object or Reason of a Stipulation and the Condition of its continuing to be Binding
- B Retaliatory Suspension of Performance of Corresponding Provision in a Treaty
- C Right to Receive Reparation and Institute Arbitral or Judicial Proceedings
- D Right to Take Certain Non-forcible Measures to Secure Reparation
- E Right to Invoke Sanctions, if any, Stipulated in the Treaty
- F Right in Certain Circumstances to Prosecute Individuals
- G Miscellaneous
- Part VII State Succession and other Changes
- Preliminary Material
- Ch.XXXVII State Succession
- General
- Physical and Political Dismemberment
- A Complete Annexation of the Territory of a State
- B The Birth of a New State upon Part of the Territory of a Former State: Secession
- C Dissolution of a Union
- D Formation of a Union out of one or more Unitary States
- E Passing Into, or Out of, the Protection of Another State
- F Becoming a Member of a Federal State
- G Mere Enlargement or Loss of Territory
- H The Relation of the United Nations to the League of Nations
- Physical and Political Dismemberment
- General
- Ch.XXXVIII Changes of Status Affecting Units of the Commonwealth of Nations or British Colonies or other Overseas Territories
- Ch.XXXIX Effect of Succession on Treaties Creating Local Obligations
- Provisions Relating to Boundaries
- Provisions Conferring on another State Rights of Navigation, Transit, Fishery, &c.
- Provisions Possessing the Character of an International Settlement made by a Large Group of States in the Public Interest
- Treaties Conferring Trading Privileges
- Capitulations and Similar Treaties Relating to Jurisdiction
- Ch.XL Transfer of Right to Occupy and Administer Territory
- Ch.XLI Changes in the Government of a State: Rupture of Diplomatic Relations: Insurgent Communities
- Ch.XLII Other Changes in Circumstances
- Part VIII Effects of War
- Part I The Conclusion of Treaties
- Further Material
- Appendix A
- International Legislation (1934)
- The Functions and Differing Legal Character of Treaties (1930)
- Treaties and Sovereignty (1958)
- 1 Treaty-Making as an Exercise of Sovereign Power
- 2 The Effect Upon Sovereignty of Treaty Obligations
- 3 The Extent to Which a State by Virtue of Its Sovereignty is Entitled to Regulate a Right Exercisable Upon Its Territory by Another State in Pursuance of a Treaty Between Them
- 4 The Question of the Relevance of Sovereignty in the Interpretation of Treaties
- Appendix B Some Words and Phrases
- Index
- Appendix A
