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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: 9781107100527
  • 出版时间 October 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781108978521
¥2,345.30
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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.

  • 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 Brolmann
    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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