The Oxford Guide to Treaties

1. Auflage 2012
ISBN: 978-0-19-960181-3
Verlag: OXFORD UNIV PR

Buch, Englisch, 874 Seiten, Format (B × H): 165 mm x 236 mm, Gewicht: 1315 g

From trade relations to greenhouse gasses, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers,
diplomats, international organization officials, and representatives of non-governmental organizations.

The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation,
and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry
into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone involved in the creation or interpretation of treaties or other forms of international agreement.

Zielgruppe

Practitioners in international relations law, government and NGO legal advisors, officials in international organizations, and diplomats

Autoren/Hrsg.

Hollis, Duncan B.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen

Inhaltsverzeichnis

Harold Koh: Foreword
Duncan Hollis: Introduction
Part I. Foundational Issues
1: Duncan Hollis: Defining the Treaty
2: Anthony Aust: Alternatives to Treaty-Making-Political Commitments
3: Olefumi Elias: Who Can Make Treaties? International Organizations
4: Marise Cremona: Who Can Make Treaties? The European Union and the European Community
5: Thomas Grant: Who Can Make Treaties? Other Subjects of International Law
6: Kal Raustiala: The Role of NGOs in Treaty-Making
Part II: Treaty Formation
7: George Korontzis: Making the Treaty
8: Curt Bradley: Treaty Signature
9: Robert Dalton: Provisional Application
10: Annebeth Rosenboom and Arancha Hinojal: Managing the Process of Treaty Formation
11: Edward Swaine: Reservations, Understandings and Declarations
Part III: Treaty Application
12: TBC: The Territorial Application of Treaties
13: David Bederman: Third Party Rights and Obligations in Treaties
14: Jutta Brunnee: How do Treaty Obligations Change? Amendments
15: David Sloss: Applying Treaties in Domestic Law
16: Gerhard Hafner: Treaty Succession
17: Geir Ulfstein: Treaty Regimes
18: Christopher Borgen: Treaty Conflicts-Fragmentation and the Law of Treaties
Part IV: Treaty Interpretation
19: Richard Gardiner: The Vienna Convention Rules on Treaty Interpretation
20: Catherine Brollman: Specialized Rules of Treaty Interpretation-International Organizations (IOs)
21: Basak Çali: Specialized Rules of Treaty Interpretation-Human Rights
Part V: Avoiding or Exiting Treaty Commitments
22: Jan Klabbers: Invalid Treaties
23: Bruno Simma and Christian Tams: Treaty Breach
24: Malgosia Fitzmaurice: Exceptional Circumstances and Treaty Commitments
25: Larry Helfer: Terminating Treaties
Part VI: Treaty Clauses and Instruments

Über Autor(innen)

Hollis, Duncan B.
Duncan B. Hollis is Professor of Law and Associate Dean for Academic Affairs at Temple University's Beasley School of Law. Professor Hollis's scholarship focuses on treaties and other forms of international agreement, examining the formation, interpretation, and application of treaties and political commitments in international, comparative and constitutional contexts. He co-edited and co-authored National Treaty Law & Practice (2005) and his writings have appeared in journals such as the American Journal of International Law, Harvard International Law Journal, Texas Law Review, and the Virginia Journal of International Law. Prior to joining the Temple faculty, Professor Hollis served from 1998 to 2004 in the Office of the Legal Adviser at the U.S. Department of State. During his tenure at the State Department, he worked for several years as the attorney-adviser for treaty affairs, addressing legal and constitutional issues associated with U.S. treaties.