This book offers a comprehensive analysis of the law of treaties as it emerges from the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. It revisits the basic concepts underlying the provisions of the Vienna Convention, so as to determine the actual state of the law and its foreseeable development. In doing so, it examines some of the most controversial aspects of the law of treaties. The book first explores the influence exerted by the Vienna Convention on pre-existing customary law. Certain rules of the Convention which, at the time of its adoption, appeared to fall within the realm of progressive development, can now be regarded as customary international rules. Conversely, a number of provisions of the Convention, in particular those which have been the subject of subsequent codification work by the International Law Commission, have become obsolete. It then examines the impact exerted by the Vienna Convention on the development of other fields of international law, such as the law of international responsibility and the law of international organizations. The last section of the book is devoted to cross-cutting issues, with particular reference to the notion of jus cogens - a concept first used in the Vienna Convention in connection with the problem of the validity of treaties and which, afterwards, has acquired a legal significance going well beyond the Convention.
Written by a team of renowned international lawyers, this book offers new insight into the basic concepts and methodology of the law of treaties and its problems.
Part I - Conclusion of Treaties 1: Olivier Corten and Pierre Klein: Are Agreements between States and Non-State Entities Rooted in the International Legal Order? 2: Paolo Palchetti: Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation? 3: Alain Pellet and Daniel Müller: Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance 4: Bruno Simma and Gleider I. Hernández: Legal Consequences of an Impermissible Reservation to a Human Right Treaty: Where Do We Stand? 5: Mahnoush H. Arsanjani and W. Michael Reisman: Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards Part II - Interpretation of Treaties 6: Mark E. Villiger: The Rules on Interpretation - Misgivings, Misunderstandings, Miscarriage? The 'Crucible' Intended by the International Law Commission 7: Pierre-Marie Dupuy: Evolutionary Interpretation of Treaties: Between Memory and Prophecy 8: Georg Nolte: Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body 9: Luigi Sbolci: Supplementary Means of Interpretation 10: Donald McRae: Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement Part III - Observance and Application of Treaties 11: Benedetto Conforti: Consistency among Treaties Obligations 12: Jan Klabbers: Beyond the Vienna Convention: Conflicting Treaty Provisions 13: Christian Tomuschat: International Organizations as Third Parties under the Law of International Treaties 14: Francesco Salerno: Treaties Establishing Objective Regimes 15: Michael Wood: The Law of Treaties and the UN Security Council: Some Reflections 16: Pieter Jan Kuijper: The European Courts and the Law of Treaties: The Continuing Story 17: Fausto Pocar: 17. Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties Part IV - Invalidity and Termination of Treaties 18: Joe Verhoeven: Invalidity of Treaties: Anything New in/under the Vienna Conventions? 19: Serena Forlati: Coercion as a Ground Affecting the Validity of Peace Treaties 20: Alessandra Gianelli: Absolute Invalidity of Treaties and Their Non-Recognition by Third States 21: Marcelo G. Kohen: Desuetude and Obsolescence of Treaties 22: Annalisa Ciampi: Invalidity and Termination of Treaties and Rules of Procedure Part V - Jus Cogens Beyond the Vienna Convention 23: Karl Zemanek: The Metamorphosis of the Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Order? 24: Paolo Picone: The Distinction between Jus Cogens and Obligations Erga Omnes 25: Enzo Cannizzaro: A Higher Law for Treaties?
"Enzo Cannizzaro is Professor of International and European Union Law at the University of Roma ""La Sapienza "". He has also taught as a visiting professor at the Law School of the University of Michigan, in Ann Arbor, and at the University Panthéon Assas, Paris 2. He has researched and lectured in a number of prestigious international institutes. He has written extensively on both international law and European Union Law. His publications in English include, inter alia, The European Union as an Actor in International Relations (2001) and Customary International Law on the Use of Force: A Methodological Approach (2005)."
Reviews for The Law of Treaties Beyond the Vienna Convention
There can be few such compilations of works by so many different contributors that achieve such coherence of subject matter, themes and styles. All in all, it is a very valuable addition to the literature on the law of treaties. Richard Gardiner, University College London, UK
