The Law of Treaties Beyond the Vienna Convention

Zusatztext There can be few such compilations of works by so many different contributors that achieve such coherence of subject matter, themes and styles. All in all, it is a very valuable addition to the literature on the law of treaties. Informationen zum Autor Enzo Cannizzaro is Professor of International and European Union Law at the University of Roma "La Sapienza ". He has also taught as a visiting professor at the Law School of the University of Michigan, in Ann Arbor, and at the University Panthéon Assas, Paris 2. He has researched and lectured in a number of prestigious international institutes. He has written extensively on both international law and European Union Law. His publications in English include, inter alia, The European Union as an Actor in International Relations (2001) and Customary International Law on the Use of Force: A Methodological Approach (2005). Klappentext This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers! it offers new insight into the basic concepts and methodology of the law of treaties and its problems. Zusammenfassung This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems. Inhaltsverzeichnis Part I - Conclusion of Treaties; 1: Olivier Corten and Pierre Klein: Are Agreements between States and Non-State Entities Rooted in the International Legal Order?; 2: Paolo Palchetti: Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?; 3: Alain Pellet and Daniel Müller: Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance; 4: Bruno Simma and Gleider I. Hernández: Legal Consequences of an Impermissible Reservation to a Human Right Treaty: Where Do We Stand?; 5: Mahnoush H. Arsanjani and W. Michael Reisman: Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards; Part II - Interpretation of Treaties; 6: Mark E. Villiger: The Rules on Interpretation - Misgivings! Misunderstandings! Miscarriage? The 'Crucible' Intended by the International Law Commission; 7: Pierre-Marie Dupuy: Evolutionary Interpretation of Treaties: Between Memory and Prophecy; 8: Georg Nolte: Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body; 9: Luigi Sbolci: Supplementary Means of Interpretation; 10: Donald McRae: Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement; Part III - Observance and Application of Treaties; 11: Benedetto Conforti: Consistency among Treaties Obligations; 12: Jan Klabbers: Beyond the Vienna Convention: Conflicting Treaty Provisions; 13: Christian Tomuschat: International Organizations as Third Parties under the Law of International Treaties; 14: Francesco Salerno: Treaties Establishing Objective Regimes; 15: Michael Wood: The Law of Treaties and the UN Security Council: Some Reflections; 16: Pieter Jan Kuijper: The European Courts and the Law of Treaties: The Continuing Story; 17: Fausto Pocar: 17. Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties; Part IV - Invalidity and Termination of Treaties; 18: Joe Verhoeven: Invalidity of Treaties: Anything New in/under the Vienna Conventions?; 19: Serena Forlati: Coercion as a Ground Affecting the Validity of Peace Treaties; 20: Alessandra Gianelli: Absolute Invalidity of Treaties and Their Non-Recognition by Third States; 21: Marcelo G. Kohen: Desuetude and Obsoles...

List of contents

• Part I - Conclusion of Treaties


• 1: Olivier Corten and Pierre Klein: Are Agreements between States and Non-State Entities Rooted in the International Legal Order?


• 2: Paolo Palchetti: Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?


• 3: Alain Pellet and Daniel Müller: Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance


• 4: Bruno Simma and Gleider I. Hernández: Legal Consequences of an Impermissible Reservation to a Human Right Treaty: Where Do We Stand?


• 5: Mahnoush H. Arsanjani and W. Michael Reisman: Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards


• Part II - Interpretation of Treaties


• 6: Mark E. Villiger: The Rules on Interpretation - Misgivings, Misunderstandings, Miscarriage? The 'Crucible' Intended by the International Law Commission


• 7: Pierre-Marie Dupuy: Evolutionary Interpretation of Treaties: Between Memory and Prophecy


• 8: Georg Nolte: Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body


• 9: Luigi Sbolci: Supplementary Means of Interpretation


• 10: Donald McRae: Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement


• Part III - Observance and Application of Treaties


• 11: Benedetto Conforti: Consistency among Treaties Obligations


• 12: Jan Klabbers: Beyond the Vienna Convention: Conflicting Treaty Provisions


• 13: Christian Tomuschat: International Organizations as Third Parties under the Law of International Treaties


• 14: Francesco Salerno: Treaties Establishing Objective Regimes


• 15: Michael Wood: The Law of Treaties and the UN Security Council: Some Reflections


• 16: Pieter Jan Kuijper: The European Courts and the Law of Treaties: The Continuing Story


• 17: Fausto Pocar: 17. Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties


• Part IV - Invalidity and Termination of Treaties


• 18: Joe Verhoeven: Invalidity of Treaties: Anything New in/under the Vienna Conventions?


• 19: Serena Forlati: Coercion as a Ground Affecting the Validity of Peace Treaties


• 20: Alessandra Gianelli: Absolute Invalidity of Treaties and Their Non-Recognition by Third States


• 21: Marcelo G. Kohen: Desuetude and Obsolescence of Treaties


• 22: Annalisa Ciampi: Invalidity and Termination of Treaties and Rules of Procedure


• Part V - Jus Cogens Beyond the Vienna Convention


• 23: Karl Zemanek: The Metamorphosis of the Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Order?


• 24: Paolo Picone: The Distinction between Jus Cogens and Obligations Erga Omnes


• 25: Enzo Cannizzaro: A Higher Law for Treaties?

About the author

Enzo Cannizzaro is Professor of International and European Union Law at the University of Roma "La Sapienza ". He has also taught as a visiting professor at the Law School of the University of Michigan, in Ann Arbor, and at the University Panthéon Assas, Paris 2. He has researched and lectured in a number of prestigious international institutes. He has written extensively on both international law and European Union Law. His publications in English include, inter alia, The European Union as an Actor in International Relations (2001) and Customary International Law on the Use of Force: A Methodological Approach (2005).

Report

This creative way of looking at, challenging and inquiring into legal systems might be a useful way for future generations to explore and develop the achievements of the great international lawyers of today, who certainly include Giorgio Gaja. Christian Djeffal, BYIL

Product details

• Authors: Enzo Cannizzaro
• Assisted by: Enzo Cannizzaro (Editor), Enzo (Professor of international Law Cannizzaro (Editor), Cannizzaro Enzo (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 15.05.2011
• EAN: 9780199588916
• ISBN: 978-0-19-958891-6
• No. of pages: 800
• Subjects: Social sciences, law, business > Law > International law, foreign law; POLITICAL SCIENCE / International Relations / General, LAW / International, LAW / Public, International Relations, LAW / Customary, Treaties & Other Sources Of International Law, Public international law: treaties and other sources, Customary Law, Public International law: customary law