Read more
"The book deals with the dynamics of the treaty regime, it looks at treaty stability, identity and change, ie it looks at treaties in motion, how they were set out in the Vienna Convention and how they developed through practice and international decision making. Therefore, it can be said that kinesis and stasis (two sides of the same concept of 'motion') are the central themes of the present book. The concept of motion adopted in this book is based on the philosophy of Aristotle, who identified six types of motion, supplemented with the modern understanding of time as dimension where motion can occur, thus amending Aristotle's sixth type of motion from 'change in place' to 'change in space-time' and the non-existence of a preferred inertial frame of reference. Each Chapter's analysis proceeds by hopping between three different frames of reference, ie treaties, VCLT and customary law on treaties, and highlighting specifically one type of motion, while also identifying each type's interconnectedness with the others. Motion will be examined on two levels. First, on an examination of 'motion' itself and second on how 'motion' can be described with respect to the three aforementioned frames of references, and their respective interactions"--
List of contents
1. Introduction; 2. Treaty genesis: concept of a treaty in international law, including its formation and motion; 3. Consent to be bound: The force behind the motion of treaties; 4. Treaty interpretation and its rules: of motion through time, 'Time-Will' and 'Time-Bubbles'; 5. Amendment/Modification/Revision of treaties: motion as change; 6. Treaties and their phthora: Withdrawing from and terminating/suspending treaties; 7. Concluding remarks.
About the author
Malgosia Fitzmaurice is Professor of International Law at the School of Law, Queen Mary University of London and an associate member of the Institut de Droit International. She has delivered lectures at The Hague Academy of International Law, was involved in a multi stakeholder project funded by the EU Commission on environmental crime, is Editor in Chief of International Community Law Review journal (ICLR) and Queen Mary Studies in International Law, and has advised as expert on law of treaties.Panos Merkouris is Professor at the University of Groningen. In 2017 he was awarded the prestigious ERC Starting Grant for his 5-year project TRICI-Law (The Rules of Interpretation of Customary International Law). He has written extensively on law of treaties and on interpretation, has been cited in international reports and cases, and has advised as expert on these issues.
Summary
The book examines law of treaties from the angle of different types of motion, and offers a combination of theoretical analysis supplemented with practical examples and empirical data. It covers all possible stages in the 'life-cycle' of a treaty, from its genesis to its eventual destruction.
