This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Duncan B. Hollis is Laura H. Carnell Professor of Law at Temple University's Beasley School of Law, a non-resident fellow at the Carnegie Endowment for International Peace, and an elected member of the OAS Inter-American Juridical Committee and the American Law Institute. He is the editor (with Allen Weiner) of one of the leading U.S. textbooks, International Law (7th ed. 2018) and he co-edited and co-authored National Treaty Law & Practice (2005), which surveyed nineteen States' law and practice involving treaties. 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.
Inhaltsangabe
* Introduction * Part I: Foundational Issues * 1: Duncan B. Hollis: Defining Treaties * 2: Jean d'Aspremont: Current Theorizations about the Treaty in International Law * 3: Timothy Meyer: Alternatives to Treaty-Making-Informal Agreements * 4: Lisa L. Martin: Compliance or Effectiveness? Assessing the Reach (and Limits) of Treaty-Making * Part II: The Treaty-Makers * 5: Olufemi Elias: Who Can Make Treaties? International Organizations * 6: Marise Cremona: Who Can Make Treaties? The European Union * 7: Tom Grant: Who Can Make Treaties? Other Subjects of International Law * 8: Kal Raustiala: NGOs in International Treatymaking * Part III: Treaty Formation * 9: Carlos Iván Fuentes and Santiago Villalpando: Making the Treaty * 10: Danae Azaria: Provisional Application of Treaties * 11: Arancha Hinojal-Oyarbide: Managing the Process of Treaty Formation: Depositaries and Registration * 12: Edward T Swaine: Treaty Reservations * Part IV: Treaty Application * 13: Syméon Karagiannis: The Relationship(s) between Treaties and Territory * 14: Jutta Brunnée: Treaty Amendments * 15: David Sloss: Domestic Application of Treaties * 16: Gerhard Hafner and Gregor Novak: State Succession in Respect of Treaty Relationships * 17: Geir Ulfstein: Treaty Bodies and Regimes * 18: Christopher Borgen: Treaty Conflicts and Systemic Fragmentation * Part V: Treaty Interpretation * 19: Richard Gardiner: The Vienna Convention Rules on Treaty Interpretation * 20: Eirik Bjorge and Robert Kolb: The Interpretation of Treaties over Time * 21: Basak Çali: Specialized Rules of Treaty Interpretation: Human Rights * 22: Catherine Brölmann: Specialized Rules of Treaty Interpretation: International Organizations (IOs) * Part VI: Avoiding or Exiting Treaty Commitments * 23: Jan Klabbers: The Validity and Invalidity of Treaties * 24: Bruno Simma and Christian J Tams: Reacting Against Treaty Breaches * 25: Malgosia Fitzmaurice: Exceptional Circumstances and Treaty Commitments * 26: Laurence R Helfer: Terminating Treaties * 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
* Introduction * Part I: Foundational Issues * 1: Duncan B. Hollis: Defining Treaties * 2: Jean d'Aspremont: Current Theorizations about the Treaty in International Law * 3: Timothy Meyer: Alternatives to Treaty-Making-Informal Agreements * 4: Lisa L. Martin: Compliance or Effectiveness? Assessing the Reach (and Limits) of Treaty-Making * Part II: The Treaty-Makers * 5: Olufemi Elias: Who Can Make Treaties? International Organizations * 6: Marise Cremona: Who Can Make Treaties? The European Union * 7: Tom Grant: Who Can Make Treaties? Other Subjects of International Law * 8: Kal Raustiala: NGOs in International Treatymaking * Part III: Treaty Formation * 9: Carlos Iván Fuentes and Santiago Villalpando: Making the Treaty * 10: Danae Azaria: Provisional Application of Treaties * 11: Arancha Hinojal-Oyarbide: Managing the Process of Treaty Formation: Depositaries and Registration * 12: Edward T Swaine: Treaty Reservations * Part IV: Treaty Application * 13: Syméon Karagiannis: The Relationship(s) between Treaties and Territory * 14: Jutta Brunnée: Treaty Amendments * 15: David Sloss: Domestic Application of Treaties * 16: Gerhard Hafner and Gregor Novak: State Succession in Respect of Treaty Relationships * 17: Geir Ulfstein: Treaty Bodies and Regimes * 18: Christopher Borgen: Treaty Conflicts and Systemic Fragmentation * Part V: Treaty Interpretation * 19: Richard Gardiner: The Vienna Convention Rules on Treaty Interpretation * 20: Eirik Bjorge and Robert Kolb: The Interpretation of Treaties over Time * 21: Basak Çali: Specialized Rules of Treaty Interpretation: Human Rights * 22: Catherine Brölmann: Specialized Rules of Treaty Interpretation: International Organizations (IOs) * Part VI: Avoiding or Exiting Treaty Commitments * 23: Jan Klabbers: The Validity and Invalidity of Treaties * 24: Bruno Simma and Christian J Tams: Reacting Against Treaty Breaches * 25: Malgosia Fitzmaurice: Exceptional Circumstances and Treaty Commitments * 26: Laurence R Helfer: Terminating Treaties * 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
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