Conceptual and Contextual Perspectives on the Modern Law of Treaties

Présentation de l'éditeur : "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." Copyright_page Contents Contributors Foreword Preface and Acknowledgements List of Abbreviations 1 Introduction: The Interplay of Concept, Context and Content in the Modern Law of Treaties 2 A ‘Modern’ Law of Treaties? 3 Treaties within the History of International Law PART I Conceptual Perspectives 4 Typologies and the ‘Essential Juridical Character’ of Treaties 5 The Ends of Consent 6 Treaties as ‘Living Instruments’ 7 Treaties and Their Preambles 8 The Principle of Privity 9 The Object and Purpose of a Treaty’s Object and Purpose 10 Provisional Application of Treaties and the Internal Logic of the 1969 Vienna Convention 11 Characteristics of the Vienna Convention Rules on Treaty Interpretation 12 Subsequent Practice and Treaty Modification 13 Treaty Obligations, Universalized Norms and Differentiated Responsibilities 14 Regulating Treaty Breaches 15 Territory and Its Relationship to Treaties PART II Contextual Perspectives 16 Human Rights 17 Law of War/Law of Armed Conflict/International Humanitarian Law 18 Disarmament 19 International Criminal Law 20 International Investment Law 21 International Environmental Law 22 International Law of the Sea 23 The Law of Treaties, the Law of State Responsibility and the Non-performance of Treaty Obligations: A View from the Case Law 24 Security Council Resolution 687 (1991) 25 The World Trade Organization 26 The International Labour Organization 27 The World Health Organization 28 The International Maritime Organization 29 The European Union 30 The Council of Europe PART III Final Reflections 31 Taking Stock: Where the Modern Law of Treaties Goes from Here 32 The Interplay of Concept, Context and Content in the Modern Law of Treaties: Final Reflections Index Présentation de l'éditeur : "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." "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."-- Provided by publisher An innovative volume of essays contrasting conceptual and contextual approaches to the modern law of treaties