Modern Treaty Law and PracticeCambridge University Press, 25 mai 2000 - 443 pagini A comprehensive treatment of the law of treaties written from the point of view of a practitioner of 35 years experience: the first book of its kind. Aust provides a wealth of examples of the real problems experienced in making and using treaties day by day, not just when a treaty is the subject of a court case. As such it is invaluable to the practitioner. Aust aims to supply the reader with a full and rounded understanding of all aspects of treaties. He avoids technical language as far as possible, making his work accessible to non-lawyers. Although not primarily an academic work, there is plenty to interest and inform law students and teachers (it has established itself as a course book), as well as those specialising in political science, international relations or diplomacy. |
Cuprins
The Vienna Convention on the Law of Treaties | 6 |
Scope of the Convention | 7 |
The Convention and customary international law | 9 |
Reference material on the Convention | 12 |
What is a treaty? | 14 |
A treaty does not have to be signed | 24 |
Pactum de contrahendo | 25 |
MOUs | 26 |
Bilateral treaties | 214 |
Multilateral treaties | 215 |
Residual rules | 220 |
Duration and termination | 224 |
Express provisions | 225 |
Termination or withdrawal by consent | 232 |
Reduction of parties below the number necessary for entry into force | 233 |
Termination or suspension by conclusion of a later treaty | 235 |
Evidence of intention to conclude or not conclude a legally binding instrument | 27 |
The practice of states | 30 |
How and why MOUs are used rather than treaties | 34 |
Dangers in using MOUs | 39 |
Are MOUs really treaties? | 41 |
Are MOUs soft law? | 44 |
The possible legal consequences of MOUs | 45 |
Capacity to make treaties | 47 |
Federations | 48 |
Overseas territories | 52 |
International organisations | 54 |
Full powers | 57 |
Credentials | 58 |
The general rule | 59 |
When full powers are never required | 60 |
General full powers | 61 |
Procedure | 62 |
Invalid acts | 64 |
Adoption and authentication | 66 |
Authentication | 71 |
When is a treaty concluded? | 74 |
Consent to be bound | 75 |
Initialling | 78 |
The Dayton Agreement | 79 |
Exchange of instruments | 80 |
Ratification | 81 |
Instrument of ratification | 85 |
Acceptance or approval | 87 |
Accession | 88 |
Any other agreed means | 90 |
Signatory party and adherence | 91 |
The all states and Vienna formulas | 92 |
Rights and obligations prior to entry into force | 93 |
Development of treaties | 96 |
Reservations | 100 |
Interpretative declarations | 101 |
Reservations | 105 |
Reservations generally not prohibited | 108 |
Acceptance of and objection to reservations | 112 |
The legal effects of reservations and objections to reservations | 116 |
Some unresolved issues | 117 |
The International Law Commission study | 123 |
Some ways of minimising the problem of reservations | 124 |
Procedure | 126 |
Withdrawal of reservations and of objections to reservations | 128 |
Can a reservation be made on reaccession? | 130 |
Entry into force | 131 |
Date of entry into force | 135 |
Provisional application | 139 |
Preparatory commissions | 141 |
Retroactive effect of a treaty | 142 |
Treaties and domestic law | 143 |
Duty to perform treaties | 144 |
Constitutional provisions | 145 |
Monism | 146 |
Dualism | 150 |
Is one approach better? | 156 |
United States | 157 |
Implementation by federal states | 160 |
Territorial application | 162 |
Territorial extension clauses | 163 |
Declaration on signature or ratification | 165 |
Application of a treaty to an overseas territory alone | 168 |
Political subdivisions of a metropolitan territory | 169 |
Successive treaties | 173 |
Multilateral treaties | 174 |
The residuary rules of Article 30 | 181 |
Interpretation | 184 |
Article 31 | 187 |
Article 32 | 197 |
Interpretation of treaties in more than one language | 202 |
Article 33 | 204 |
Third states | 207 |
Treaties providing for obligations for third states | 208 |
Revocation or modification of obligations or rights of third states | 210 |
Amendment | 212 |
Termination or suspension for breach | 236 |
Supervening impossibility of performance | 239 |
Fundamental change of circumstances rebus sic stantibus | 240 |
Severance of diplomatic or consular relations | 242 |
Outbreak of hostilities | 243 |
Procedure | 244 |
Consequences of termination withdrawal or suspension | 246 |
Miscellaneous | 247 |
Other grounds for termination | 250 |
Invalidity | 252 |
Violation of specific restrictions on authority to express consent | 253 |
Error | 254 |
Corruption | 255 |
Coercion of a state by the threat or use of force | 256 |
Conflict with a peremptory norm of general international law jus cogens | 257 |
Consequences of invalidity other than for jus cogens | 258 |
Procedure | 259 |
General points | 260 |
The depositary | 261 |
Designation of the depositary | 262 |
Duty to act impartially | 265 |
Functions of the depositary | 267 |
The depositary as a state | 270 |
Administrative functions | 273 |
Registration and publication | 275 |
Legal effect of registration or nonregistration | 278 |
Publication | 280 |
Settlement of disputes | 285 |
Voluntary settlement | 286 |
Compulsory binding settlement | 290 |
The Permanent Court of Arbitration | 296 |
Settlement of disputes within international organisations | 297 |
Remedies for breach | 300 |
Cessation of wrongful conduct | 301 |
Restitution in kind restitutio in integrum | 302 |
Retorsion | 304 |
Succession to treaties | 305 |
The customary law principles | 307 |
Former colonies and other dependent territories | 309 |
The two German states | 311 |
The former Yugoslav republics | 315 |
The former Czechoslovakia | 317 |
The European Community | 319 |
role of the depositary | 320 |
Date of succession | 321 |
one country two systems | 322 |
Drafting and final clauses | 332 |
Preamble | 335 |
Main text | 338 |
Final clauses | 345 |
Testimonium | 352 |
Annexes | 354 |
Exchange of notes | 355 |
Drafting techniques | 358 |
Vienna Convention on the Law of Treaties 1969 | 361 |
Single instrument treaty | 396 |
Single instrument MOU | 397 |
Model single instrument MOU | 400 |
Treaty constituted by an exchange of notes | 401 |
Model exchange of notes recording an understanding | 403 |
Treaty and MOU terminology comparative table | 404 |
Credentials | 405 |
Full powers | 406 |
General full powers | 407 |
Final Act of the Vienna Conference | 408 |
Instrument of ratification | 411 |
Certificate of exchange of instruments of ratification | 413 |
Model exchange of notes correcting an error | 414 |
Procesverbal of retification | 415 |
UN Treaty Registration Regulations | 416 |
Registration checklist and certifying statement | 421 |
List of overseas territories | 423 |
425 | |
Articles of the Convention in the text | 432 |
436 | |
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Termeni și expresii frecvente
acceptance adopted agreed amendment Annex apply arbitration authentic authorised become a party bilateral treaties bound breach BYIL Chapter concluded Conference constitutional contracting Court of Justice customary customary international law Dayton Agreement Declaration deposit depositary diplomatic dispute domestic law draft entry into force established example exchange of notes expressed Federal Final Act full powers Geneva Conventions Government HKSAR ICJ Reports implement instrument of ratification international agreement International Court International Law Commission international organisation interpretation invalidity invoke jus cogens language Law of Treaties legal effect legislation matter Member Memorandum of Understanding ment multilateral treaties negotiating Northern Ireland notification object and purpose paragraph peremptory norm political practice present Convention procedure Protocol provisional application regarding registered relations Republic reservation rules Secretariat Secretary-General settlement SFRY signature signed suspend termination tion treaty Article treaty provides UKTS UN Secretary-General United Kingdom United Nations unless the treaty UNTS Vienna Convention withdrawal
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