The Law of Treaties Beyond the Vienna Convention

by Cannizzaro, Enzo

• ISBN13: 9780191728938
• ISBN10: 0191728934
• Format: eBook
• Copyright: 2011-09-01
• Publisher: Oxford University Press

Summary

The Law of Treaties Beyond the Vienna Convention 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, The Law of Treaties Beyond the Vienna Convention offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Author Biography

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 Pantheon 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).