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Conceptual and Contextual Perspectives on the Modern Law of Treaties

Conceptual and Contextual Perspectives on the Modern Law of Treaties

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781108978521
  • 出版时间 December 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781107100527
¥756.70
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  • 描述 
  • 大纲 
  • 详细

    In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

    • Considers the entire corpus of modern treaty law
    • Includes internationally renowned contributors
    • Brings together conceptual and contextual issues to create new insights
  • 1. Introduction – the interplay of concept, context and content in the modern law of treaties
    Michael Bowman and Dino Kritsiotis
    2. A 'modern' law of treaties?
    Frank Berman
    3. Treaties within the history of international law
    Randall Lesaffer
    Part I. Conceptual Perspectives:
    4. Typologies and the 'essential juridical character' of treaties
    Catherine Brölmann
    5. The ends of consent
    Matthew Craven
    6. Treaties as 'living instruments'
    Daniel Moeckli and Nigel D. White
    7. Treaties and their preambles
    Jan Klabbers
    8. The principle of privity
    Michael Waibel
    9. The object and purpose of a treaty's object and purpose
    Dino Kritsiotis
    10. The regime for provisional application of treaties and the internal logic of the VCLT
    Anneliese Quast Mertsch
    11. Characteristics of the Vienna Convention Rules on Treaty Interpretation
    Richard Gardiner
    12. Subsequent practice and treaty modification
    Irina Buga
    13. Treaty obligations, universalized norms and differentiated responsibilities
    Michael Bowman
    14. Regulating treaty breaches
    Christian Tams
    Part II. Contextual Perspectives:
    15. Territory and its relationship to treaties
    Barbara Miltner
    16. Human rights
    Christine Chinkin
    17. Law of war/law of armed conflict/international humanitarian law
    Francoise Hampson
    18. Disarmament
    Lisa Tabassi and Femi Elias
    19. International criminal law
    Elizabeth Wilmshurst
    20. International investment law
    Julian Davis Mortensen
    21. International environmental law
    Duncan French and Karen Scott
    22. International law of the sea
    David M. Ong
    23. The Law of Treaties, the law of state responsibility and non-performance of treaty obligations – a view from the case law
    Malgosia Fitzmaurice
    24. Security Council Resolution 687 (1991)
    Michael Wood
    25. World Trade Organization
    Joost Pauwelyn and Isabelle Van Damme
    26. The International Labour Organization
    Anne Trebilcock
    27. The World Health Organization
    Egle Granziera and Steven A. Solomon
    28. The International Maritime Organization
    Dorota Lost-Sieminska
    29. The European Union
    Panos Koutrakos
    30. The Council of Europe
    Jeremy McBride
    Part III. Final Reflections:
    31. Taking stock – roads for the modern law of treaties from here
    Michael Bowman and Dino Kritsiotis
    32. Final reflections on concept, context and content in the modern law of treaties
    Michael Bowman.

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