The Oxford Guide to Treaties

by Hollis, Duncan B.

• ISBN13: 9780199601813
• ISBN10: 019960181X
• Format: Hardcover
• Copyright: 2012-10-12
• Publisher: Oxford University Press

Summary

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. They are the dominant source of international law. Being adept with treaties and international agreements is an indispensible 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 Treatiesthus provides an authoritative reference point for anyone involved in the creation or interpretation of treaties or other forms of international agreement.

Author Biography

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.

Table of Contents

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