The Oxford Guide to Treaties

by Hollis, Duncan B.

• ISBN13: 9780198848349
• ISBN10: 019884834X
• Edition: 2nd
• Format: Hardcover
• Copyright: 2020-07-28
• Publisher: Oxford University Press

Summary

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.

Table of Contents

Introduction, Duncan B. Hollis
Part I: Foundational Issues
1. Defining Treaties, Duncan B. Hollis
2. Current Theorizations about the Treaty in International Law, Jean d'Aspremont
3. Alternatives to Treaty-Making-Informal Agreements, Timothy Meyer
4. Compliance or Effectiveness? Assessing the Reach (and Limits) of Treaty-Making, Lisa L. Martin
Part II: The Treaty-Makers
5. Who Can Make Treaties? International Organizations, Olufemi Elias
6. Who Can Make Treaties? The European Union, Marise Cremona
7. Who Can Make Treaties? Other Subjects of International Law, Tom Grant
8. NGOs in International Treatymaking, Kal Raustiala
Part III: Treaty Formation
9. Making the Treaty, Carlos Iv?n Fuentes and Santiago Villalpando
10. Provisional Application of Treaties, Danae Azaria
11. Managing the Process of Treaty Formation: Depositaries and Registration, Arancha Hinojal-Oyarbide
12. Treaty Reservations, Edward T Swaine
Part IV: Treaty Application
13. The Relationship(s) between Treaties and Territory, Sym?on Karagiannis
14. Treaty Amendments, Jutta Brunn?e
15. Domestic Application of Treaties, David Sloss
16. State Succession in Respect of Treaty Relationships, Gerhard Hafner and Gregor Novak
17. Treaty Bodies and Regimes, Geir Ulfstein
18. Treaty Conflicts and Systemic Fragmentation, Christopher Borgen
Part V: Treaty Interpretation
19. The Vienna Convention Rules on Treaty Interpretation, Richard Gardiner
20. The Interpretation of Treaties over Time, Eirik Bjorge and Robert Kolb
21. Specialized Rules of Treaty Interpretation: Human Rights, Basak ?ali
22. Specialized Rules of Treaty Interpretation: International Organizations (IOs), Catherine Br?lmann
Part VI: Avoiding or Exiting Treaty Commitments
23. The Validity and Invalidity of Treaties, Jan Klabbers
24. Reacting Against Treaty Breaches, Bruno Simma and Christian J Tams
25. Exceptional Circumstances and Treaty Commitments, Malgosia Fitzmaurice
26. Terminating Treaties, Laurence R Helfer
Part VII: Treaty Clauses and Instruments
Initial Decisions on Treaty-Making
Conditions on Joining a Treaty
Constituting the Treaty and its Dissemination
Applying the Treaty
Amendments
The End of Treaty Relations