The Unanimity Rule in the Revision of Treaties a Re-Examination
The Unanimity Rule in the Revision of Treaties a Re-Examination

Author: Edwin C. Hoyt

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 274

ISBN-13: 9401195668

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In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.

Brownlie's Principles of Public International Law
Brownlie's Principles of Public International Law

Author: Ian Brownlie

Publisher: Oxford University Press

Published: 2012-09-27

Total Pages: 885

ISBN-13: 0199654174

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Serving as a single volume introduction to the field as a whole, this book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It identifies the constituent elements of that system in a clear and accessible fashion.

Modification of Treaties by Subsequent Practice
Modification of Treaties by Subsequent Practice

Author: Irina Buga

Publisher: Oxford University Press

Published: 2018-04-04

Total Pages: 514

ISBN-13: 019109191X

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While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.

The Oxford Guide to Treaties
The Oxford Guide to Treaties

Author: Duncan B. Hollis

Publisher: Oxford University Press

Published: 2020-05-28

Total Pages: 897

ISBN-13: 0192587749

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The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.

EU Law after Lisbon
EU Law after Lisbon

Author: Andrea Biondi

Publisher: OUP Oxford

Published: 2012-01-05

Total Pages: 471

ISBN-13: 0191630160

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Many of the most controversial areas of reform initiated by the Lisbon Treaty were not negotiated in the Treaty itself, but left to be resolved during its implementation. Since the Treaty's entry into force, the implementation process has already had a profound impact on many areas of EU law and policy, and consolidated new areas of power, such as over foreign investment. This collection gathers leading specialists in the field to analyse the Treaty's implementation and the directions of legal reform post-Lisbon. Drawing on a range of expertise to assess and comment on the Treaty, the contributors include both academics and practitioners involved in negotiating and implementing the Treaty. Focusing on the central issues and changes resulting from the Lisbon Treaty, the contributors examine the Treaty in the broader background of how the EU, and EU law in particular, has been developing in recent years and provide a contextual understanding of the future direction of EU law in the post-Lisbon era.