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Research Handbook on the Law of Treaties
Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and uniformity vs specialisation, to name a few. It seeks to define and re-define the dimensions in which Treaty law operates, tracing its fault-lines and the challenges it faces, such as breaches, regime-collisions, state succession and armed conflict. Representing a broad range of jurisdictional and ideological perspectives, the Research Handbook provides a diverse and stimulating approach to international treaties.
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Critical Acclaim
Contributors
Contents
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The Research Handbook on the Law of Treaties provides an authoritative treatment of fundamental issues in international treaty law. Identifying key challenges facing the modern law of treaties, the Handbook addresses the current regime and comments on potential directions of the law.
Rather than an article-by-article commentary on provisions applicable to treaties, the Handbook offers an innovative study of their spatial, personal and temporal dimensions and of the tensions that arise due to the need for both flexibility and certainty in treaty relations. It analyses the interaction between treaty regimes and potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an ‘agenda for research’, highlighting areas where future work could yield significant results.
This pioneering Handbook will prove an invaluable resource for researchers and advanced students, as well as providing unique insights for practitioners of international law.
Rather than an article-by-article commentary on provisions applicable to treaties, the Handbook offers an innovative study of their spatial, personal and temporal dimensions and of the tensions that arise due to the need for both flexibility and certainty in treaty relations. It analyses the interaction between treaty regimes and potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an ‘agenda for research’, highlighting areas where future work could yield significant results.
This pioneering Handbook will prove an invaluable resource for researchers and advanced students, as well as providing unique insights for practitioners of international law.
Critical Acclaim
‘For researchers, scholars and international lawyers seeking additional breadth and depth of understanding within this often bewildering and complex subject, this recent title from Edward Elgar Publishing is a real find. . . With its original, thought provoking and densely argued commentaries, this book makes an important contribution to the literature of international law and should be of particular interest to academics, researchers and international lawyers, especially those seeking new perspectives on the matter of treaties and EU law.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
Contributors
Contributors: E. Cannizzaro, J. d''Aspremont, K. del Mar, J. Devaney, J. Finke, M. Fitzmaurice, M. Karavias, M. Kotzur, S-I. Lekkas, V. Lowe QC, P.Merkouris, M. Milanovic, A. Nollkaemper, M. Paparinskis, I. Plakokefalos, A. Proelss, S. Ranganathan, A. Rasulov, Y. Ronen, C. J. Tams, A. Tzanakopoulos, M. Waibel, P. Webb, A. Zimmermann
Contents
Contents
Introduction
Christian J Tams, Antonios Tzanakopoulos and Andreas Zimmermann
PART I: PRINCIPLES
1. The Law of Treaties; or, Should this Book Exist?
Vaughan Lowe
2. The Law of Treaties through the Interplay of its Different Sources
Enzo Cannizzaro
3. Regulating Treaties: A Comparative Perspective
Martins Paparinskis
4. Theorizing Treaties: The Consequences of the Contractual Analogy
Akbar Rasulov
5. The Effects of Treaties in Domestic Law
André Nollkaemper
PART II: DIMENSIONS
6. The Temporal Dimension: Non-retroactivity and Its Discontents
Markus Kotzur
7. The Spatial Dimension: Treaties and Territory
Marko Milanović
8. The Personal Dimension: Challenges to the pacta tertiis Rule
Alexander Proelss
PART III: TENSIONS
9. Formalism versus Flexibility in the Law of Treaties
Jean d’Aspremont
10. Integrity versus Flexibility in the Application of Treaties
Katherine del Mar
11. Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties
Sotirios-Ioannis Lekkas and Antonios Tzanakopoulos
12. Uniformity versus Specialisation (1): The Quest for a Uniform Law of Inter-State Treaties
Malgosia Fitzmaurice and Panos Merkouris
13. Uniformity versus Specialisation (2): A Uniform Regime of Treaty Interpretation?
Michael Waibel
PART IV: INTERACTIONS AND RUPTURES
14. Regime-collisions: Tensions Between Treaties (and How to Solve Them)
Jasper Finke
15. Responding to Deliberately-created Treaty Conflicts
Surabhi Ranganathan
16. Treaty Breaches and Responses
Christian J Tams
17. Succession to Treaties and the Inherent Limits of International Law
Andreas Zimmermann and James G. Devaney
18. Treaties and Armed Conflict
Yaël Ronen
PART V: EXPANSIONS
19. Treaties and International Organisations: Uneasy Analogies
Philippa Webb
20. Treaty Law and Multinational Enterprises: More than Internationalized Contracts?
Markos Karavias
21. Treaties and Individuals: Of Beneficiaries, Duty-bearers, Users, and Participants
Ilias Plakokefalos
Index
Introduction
Christian J Tams, Antonios Tzanakopoulos and Andreas Zimmermann
PART I: PRINCIPLES
1. The Law of Treaties; or, Should this Book Exist?
Vaughan Lowe
2. The Law of Treaties through the Interplay of its Different Sources
Enzo Cannizzaro
3. Regulating Treaties: A Comparative Perspective
Martins Paparinskis
4. Theorizing Treaties: The Consequences of the Contractual Analogy
Akbar Rasulov
5. The Effects of Treaties in Domestic Law
André Nollkaemper
PART II: DIMENSIONS
6. The Temporal Dimension: Non-retroactivity and Its Discontents
Markus Kotzur
7. The Spatial Dimension: Treaties and Territory
Marko Milanović
8. The Personal Dimension: Challenges to the pacta tertiis Rule
Alexander Proelss
PART III: TENSIONS
9. Formalism versus Flexibility in the Law of Treaties
Jean d’Aspremont
10. Integrity versus Flexibility in the Application of Treaties
Katherine del Mar
11. Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties
Sotirios-Ioannis Lekkas and Antonios Tzanakopoulos
12. Uniformity versus Specialisation (1): The Quest for a Uniform Law of Inter-State Treaties
Malgosia Fitzmaurice and Panos Merkouris
13. Uniformity versus Specialisation (2): A Uniform Regime of Treaty Interpretation?
Michael Waibel
PART IV: INTERACTIONS AND RUPTURES
14. Regime-collisions: Tensions Between Treaties (and How to Solve Them)
Jasper Finke
15. Responding to Deliberately-created Treaty Conflicts
Surabhi Ranganathan
16. Treaty Breaches and Responses
Christian J Tams
17. Succession to Treaties and the Inherent Limits of International Law
Andreas Zimmermann and James G. Devaney
18. Treaties and Armed Conflict
Yaël Ronen
PART V: EXPANSIONS
19. Treaties and International Organisations: Uneasy Analogies
Philippa Webb
20. Treaty Law and Multinational Enterprises: More than Internationalized Contracts?
Markos Karavias
21. Treaties and Individuals: Of Beneficiaries, Duty-bearers, Users, and Participants
Ilias Plakokefalos
Index
