Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- 2 States and recognition
- 3 Territory
- 4 Jurisdiction
- 5 The law of treaties
- 6 Diplomatic privileges and immunities
- 7 State immunity
- 8 Nationality, aliens and refugees
- 9 International organisations
- 10 The United Nations, including the use of force
- 11 Human rights
- 12 The law of armed conflict (international humanitarian law)
- 13 International criminal law
- 14 Terrorism
- 15 The law of the sea
- 16 International environmental law
- 17 International civil aviation
- 18 Special regimes
- 19 International economic law
- 20 Succession of states
- 21 State responsibility
- 22 Settlement of disputes
- 23 The European Union
- Index
5 - The law of treaties
Published online by Cambridge University Press: 05 August 2012
- Frontmatter
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- 2 States and recognition
- 3 Territory
- 4 Jurisdiction
- 5 The law of treaties
- 6 Diplomatic privileges and immunities
- 7 State immunity
- 8 Nationality, aliens and refugees
- 9 International organisations
- 10 The United Nations, including the use of force
- 11 Human rights
- 12 The law of armed conflict (international humanitarian law)
- 13 International criminal law
- 14 Terrorism
- 15 The law of the sea
- 16 International environmental law
- 17 International civil aviation
- 18 Special regimes
- 19 International economic law
- 20 Succession of states
- 21 State responsibility
- 22 Settlement of disputes
- 23 The European Union
- Index
Summary
Open covenants of peace, openly arrived at …
Aust, Modern Treaty Law and Practice, Cambridge, 2000
McNair, The Law of Treaties, 2nd edn, Oxford, 1961
O'Connell, International Law, 2nd edn, London, 1970, pp. 195–280
Sinclair, The Vienna Convention on the Law of Treaties, 2nd edn, Manchester, 1984
Blix and Emerson, The Treaty Maker's Handbook, Dobbs Ferry, NY, 1973
Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties 1999 (ST/LEG/7/Rev.1) (‘UN Depositary Practice’)
Multilateral Treaties Deposited with the Secretary-General (‘UN Multilateral Treaties’)
UN Treaty Collection: http://untreaty.un.org/english/treaty.asp (which has both of the above)
Anyone interested in international law needs to know the law of treaties. Because the subject is so important, this chapter is the longest, although the author's book on treaties should be consulted for more detail. The Vienna Convention itself is essential reading, in particular the definitions in Article 2, of which the following should be especially noted:
‘negotiating state’ means a state, which took part in the drawing up and adoption of the text of the treaty;
‘contracting state’ means a state, which has consented to be bound by the treaty, whether or not the treaty is in force;
‘party’ means a state, which has consented to be bound by the treaty and for which the treaty is in force. (Emphasis added)
- Type
- Chapter
- Information
- Handbook of International Law , pp. 51 - 116Publisher: Cambridge University PressPrint publication year: 2005