Research Handbook on the Law of Treaties (Research Handbooks in International Law series)

Research Handbook on the Law of Treaties

By C.J. Tams

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, theHandbook 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.


An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

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. The general aim is to present an authoritative explanation of a range of key issues in international treaty law.

And authoritative it is. No less than twenty-four international academics and scholars have contributed the more than twenty articles that comprise this volume. Included among them are the three editors. Christopher J. Tams is Professor of Public International Law at the University of Glasgow… Antonio Tzanakopoulos is Associate Professor of Public International Law at Oxford University… and Andreas Zimmerman, from the University of Potsdam, is also Professor of Public International Law. Their introduction establishes with considerable clarity the perspective and intent of the book, namely to subject the realities and challenges of treaties — in all their bewildering variety — to rigorous and thoughtful analysis.

In more or less elementary terms a treaty is, in most respects, an agreement and ideally a contract, but is it indeed binding? Or should it be binding temporarily, or in perpetuity? Obviously there is no one answer because, also obviously, every treaty is different. The editors remind us of certain fundamentals relating to treaties without which international law and international relations would scarcely exist. We benefit, for example, (in most instances), from boundary treaties, human rights treaties and such matters as passport regulations derived from treaties.

Some treaties, say the editors, ‘reflect the international community’s hope for a more just world order; others entrench grave injustices’. It is not too difficult to recall here, the number of treaties throughout history that have been violated or ignored. Yet, as the editors imply, treaties function as the principal instrument for ordering international relations. Apparently around 56,500 treaties have been registered with the United Nations since the end of World War I (who knew?)… and this figure in no way reflects the total! ‘Foundational and ubiquitous’, treaties are, unsurprisingly, in need of a legal framework and therefore merit careful study as a specialist subject.

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.

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List of contributors vii
Preface ix
Introduction x
Christian J. Tams,Antonios Tzanakopoulos andAndreas Zimmermann
1. The law of treaties; or, should this book exist? 3
Vaughan Lowe
2. The law of treaties through the interplay of its different sources 16
Enzo Cannizzaro
3. Regulating treaties:A comparative perspective 39
Martins Paparinskis
4. Theorizing treaties: The consequences of the contractual analogy 74
Akbar Rasulov
5. The effects of treaties in domestic law 123
André Nollkaemper
6. The temporal dimension: Non-retroactivity and its discontents 153
Markus Kotzur
7. The spatial dimension: Treaties and territory 186
Marko Milanovic
8. The personal dimension: Challenges to the pacta tertiisrule 222
Alexander Proelss
9. Formalism versus flexibility in the law of treaties 257
Jean d’Aspremont
10. Integrity versus flexibility in the application of treaties 285
Katherine Del Mar
Columns Design XML Ltd / Job: Tams-Research_Handbook_Law_of_Treaties / Division: Prelims /Pg. Position: 1 / Date: 28/8JOBNAME: Tams PAGE: 6 SESS: 8 OUTPUT: Thu Aug 28 15:07:08 2014
11. Pacta sunt servanda versus flexibility in the suspension and
termination of treaties 312
Sotirios-Ioannis Lekkas and Antonios Tzanakopoulos
12. Uniformity versus specialization (1): The quest for a uniform
law of inter-State treaties 341
Malgosia Fitzmaurice and Panos Merkouris
13. Uniformity versus specialization (2):A uniform regime of treaty
interpretation? 375
Michael Waibel
14. Regime-collisions: Tensions between treaties (and how to solve
them) 415
Jasper Finke
15. Responding to deliberately created treaty conflicts 447
Surabhi Ranganathan
16. Treaty breaches and responses 476
Christian J. Tams
17. Succession to treaties and the inherent limits of international law 505
Andreas Zimmermann and James G. Devaney
18. Treaties and armed conflict 541
Yaël Ronen
19. Treaties and international organizations: Uneasy analogies 567
Philippa Webb
20. Treaty law and multinational enterprises: More than
internationalized contracts? 597
Markos Karavias
21. Treaties and individuals: Of beneficiaries, duty-bearers, users,
and participants 625
Ilias Plakokefalos

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