Treaties

Introduction

treaties

Considering the fundamental role of treaties in international relations and recognizing the importance of treaties as a  source of  international law, the Vienna Convention on the Law of Treaties was adopted in 1969. The Vienna Convention on the Law of Treaties regulates the conclusion and entry into force of treaties, the application and interpretation of treaties as well as the amendment, invalidity and termination of treaties. According to Article 2 of this multilateral agreement, a ‘treaty’ means ‘an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.’ A treaty concluded between one or more States and one or more international organizations, or between international organizations, can also be referred to as a treaty. According to Article 38 of the Statute of the International Court of Justice, ‘international conventions, whether general or particular, establishing rules expressly recognized by the contesting states’ must be applied by the Court, when deciding disputes that are submitted to it. From this one can conclude that treaties are one of the principal sources of public international law.

This Research Guide is intended as a starting point for research on the Law of Treaties. It provides the basic legal materials available in the Peace Palace Library, both in print and electronic format. Handbooks, leading articles, bibliographies, periodicals, serial publications and documents of interest are presented in the Selective Bibliography section. Links to the PPL Catalogue are inserted. The Library’s classification index code 131. Law of Treaties and subject heading (keyword) Treaties are instrumental for searching through the Catalogue. Special attention is given to our subscriptions on databases, e-journals, e-books and other electronic resources. Finally, this Research Guide features links to relevant websites and other online resources of particular interest.

New titles


1. Jusqu'où y a-t-il du droit international?
Jusqu'où y a-t-il du droit international? : considérations sur le droit dérivé des organisations internationales et sur le droit de l'Union européenne / Pierre d' Argent. - Bruxelles : Bruylant. - Page 237-266 In: Les limites du droit international : essais en l'honneur de Joe Verhoeven = The Limits of International Law : Essays in Honour of Joe Verhoeven / sous la coordination de Pierre d'Argent, Béatrice Bonafé et Jean Combacau, ISBN 9782802742913: (2015), Page 237-266. - 2015
Keywords: European Union, International organizations, Secundary law, Community law and international law,

2. L'engagement international
L'engagement international : nouvelles dimensions / Raymond Ranjeva. - Bruxelles : Bruylant. - Page 349-353 In: Les limites du droit international : essais en l'honneur de Joe Verhoeven = The Limits of International Law : Essays in Honour of Joe Verhoeven / sous la coordination de Pierre d'Argent, Béatrice Bonafé et Jean Combacau, ISBN 9782802742913: (2015), Page 349-353. - 2015
Keywords: Consensus, Law of treaties, International negotiations,

3. Interpreting New Norms into Old Treaties
Interpreting New Norms into Old Treaties : Time to turn the light on Article 31(3)(c) of the Vienna Convention on the Law of Treaties / Han van Gellecum In: Bynkershoek Law Review = ISSN 2352-2550: (2014), page 73-93. - 2014
Keywords: Treaties, Interpretation, Vienna Convention on the Law of Treaties (Vienna, 23 May 1969),

4. (Inter)Temporal Considerations in the Interpretative Process of the VCLT: Do Treaties Endure, Perdure or Exdure?
(Inter)Temporal Considerations in the Interpretative Process of the VCLT: Do Treaties Endure, Perdure or Exdure? / Panos Merkouris In: Netherlands Yearbook of International Law = ISSN 0167-6768: vol. 45 (2014), page 121-156. - 2014
Keywords: Vienna Convention on the Law of Treaties (Vienna, 23 May 1969), Interpretation, Law of treaties, Development of international law,

Bibliography

Reference works

Books

Leading articles

Periodicals, serial publications, special issues

New titles


1. Jusqu'où y a-t-il du droit international?
Jusqu'où y a-t-il du droit international? : considérations sur le droit dérivé des organisations internationales et sur le droit de l'Union européenne / Pierre d' Argent. - Bruxelles : Bruylant. - Page 237-266 In: Les limites du droit international : essais en l'honneur de Joe Verhoeven = The Limits of International Law : Essays in Honour of Joe Verhoeven / sous la coordination de Pierre d'Argent, Béatrice Bonafé et Jean Combacau, ISBN 9782802742913: (2015), Page 237-266. - 2015
Keywords: European Union, International organizations, Secundary law, Community law and international law,

2. L'engagement international
L'engagement international : nouvelles dimensions / Raymond Ranjeva. - Bruxelles : Bruylant. - Page 349-353 In: Les limites du droit international : essais en l'honneur de Joe Verhoeven = The Limits of International Law : Essays in Honour of Joe Verhoeven / sous la coordination de Pierre d'Argent, Béatrice Bonafé et Jean Combacau, ISBN 9782802742913: (2015), Page 349-353. - 2015
Keywords: Consensus, Law of treaties, International negotiations,

3. Interpreting New Norms into Old Treaties
Interpreting New Norms into Old Treaties : Time to turn the light on Article 31(3)(c) of the Vienna Convention on the Law of Treaties / Han van Gellecum In: Bynkershoek Law Review = ISSN 2352-2550: (2014), page 73-93. - 2014
Keywords: Treaties, Interpretation, Vienna Convention on the Law of Treaties (Vienna, 23 May 1969),

4. (Inter)Temporal Considerations in the Interpretative Process of the VCLT: Do Treaties Endure, Perdure or Exdure?
(Inter)Temporal Considerations in the Interpretative Process of the VCLT: Do Treaties Endure, Perdure or Exdure? / Panos Merkouris In: Netherlands Yearbook of International Law = ISSN 0167-6768: vol. 45 (2014), page 121-156. - 2014
Keywords: Vienna Convention on the Law of Treaties (Vienna, 23 May 1969), Interpretation, Law of treaties, Development of international law,

Librarian's choice

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  • Bianchi, A., D. Peat, M. Windsor (eds.), Interpretation in International Law, Oxford, New York, Oxford University Press, 2015. Showcase item

    9780198725749

    The relevance of interpretation to the academic study and professional practice of international law is self-evident. As new insights on the practice and process of interpretation abound in other disciplines, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and admittedly broader field of theoretical inquiry. Interpretation in International Law brings together established and emerging international legal scholars to interrogate interpretation as a central concept in international law. The edited collection is creatively structured around the metaphor of the game, which captures and illuminates all the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade one’s audience that your own interpretation of the law is the correct one. The rules of play are known and complied with by the players, even though which cards to play is left to the skills and strategies of the individual players. There is also a meta-discourse about the game of interpretation ‘playing the game of game-playing’ which involves reflection about the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

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  • Tams, C.J., A. Tzanakopoulos, A. Zimmerman (Eds.), Research Handbook on the Law of Treaties, Cheltenham, UK, Northampton, MA, USA, Edward Elgar, 2014.

    9780857934772

    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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  • McInerney, T.F., Strategic Treaty Management: Practice and Implications, Cambridge, United Kingdom, Cambridge University Press, 2015.

    497 D 32

    While little recognized in international law scholarship, multilateral treaties in diverse fields have begun to apply strategic management techniques to make them more effective and responsive. This examination of those practices and their interplay with associated international organizations considers the application of strategic management across treaties’ planning, financing, implementation, and evaluation activities. The study leads to a new appreciation of the intricacies of multilateral treaty activities and a better understanding of their operations within complex webs of networked international institutions. In considering different approaches to steering treaties through this dispersed global governance landscape, Thomas F. McInerney draws on current strategic management literature to explore the utility of nonlinear, emergent models of strategy and gain insights from strategy as practice research. While recognizing strategic management’s potential value in facilitating more flexible applications of multilateral agreements, he also emphasizes the need to maintain their normativity as international legal obligations.

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  • Gaebler, R.F., and A.A. Shea, Sources of State Practice in International Law, (2nd ed.) Leiden, Boston, Brill Nijhoff, 2014.

    381061213

    Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information  containing the text of treaties and the record of diplomatic activity ofimportant jurisdictions around the world.  As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic
    documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law.

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  • Bjorge, E., The Evolutionary Interpretation of Treaties, Oxford, Oxford University Press, 2014.

    Bjorge, E., The Evolutionary Interpretation of Treaties, Oxford, Oxford University Press, 2014.

    If an old treaty regulating ‘commerce’ or forbidding ‘degrading treatment of persons’ is to be interpreted decades after its conclusion, does ‘commerce’ or ‘degrading treatment of persons’ have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.

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  • Aust, A., Modern Treaty Law and Practice, New York, Cambridge University Press, 2013.

    Aust, A., Modern Treaty Law and Practice, New York, Cambridge University Press, 2013.

    This new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind. Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just when they are the subject of a court case. He explores numerous precedents from treaties and other related documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language, the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern Treaty Law and Practice is essential reading for teachers and students of law, political science, international relations and diplomacy, who have an interest in treaties.

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Database

Blogs

  • The Peace of Christmas Eve

    Peace is an elusive thing. For many, the attraction of the Christmas season is the momentary fulfillment of that dream, the wonderful moment of ‘Peace on Earth’. For one night, it seems possible. As Christmas approaches, we experience a sense of ‘Peace on Earth’. A few times in history, this sense of peace at Christmas had real impact on human affairs. A little known example is the the signing of the Treaty of Ghent on Christmas Eve, December 24, 1814, ending a war, the War of 1812, between the United States and the British Empire and their allies.

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See also

More Research guides on Public International Law

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