Modern Treaty Law and Practice

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Cambridge 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.

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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
Bibliography
425
Articles of the Convention in the text
432
Index
436
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Modern Treaty Law and Practice
Anthony Aust
Nu există previzualizare disponibilă - 2000

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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Informații bibliografice

TitluModern Treaty Law and Practice
AutorAnthony Aust
Edițieretipărită
EditorCambridge University Press, 2000
ISBN052159846X, 9780521598460
Lungime443 pagini
  
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