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Chapter

Cover International Law

6. The Practical Working of the Law of Treaties  

Malgosia Fitzmaurice

This chapter examines key structural questions and fundamental problems relating to the law of treaties. These structural matters include: the concept of a treaty; the anatomy of treaties (including the making of treaties; authority to conclude treaties; expression of consent to be bound; invalidity of treaties (non-absolute grounds for invalidity of treaties, absolute grounds for invalidity of treaties, amendment, and modification); suspension and termination). The key issues addressed include the scope of legal obligation (the principle pacta sunt servanda, treaties, and third States); interpretation and reservation to treaties (including interpretative declarations); and finally, problems concerning the grounds for termination (supervening impossibility and material breach). The chapter also considers the theory and practice of the law of treaties, with broad analysis of the case law of various international courts and tribunals, with special emphasis on jurisprudence of the International Court of Justice.

Chapter

Cover International Law

2. How International Law is Made  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter explains how international law is made through the formation of customary international law and the making of treaties, and how tribunals apply other sources of law such as ‘general principles’ of law and ‘soft law’ principles derived from resolutions of international organizations.

Chapter

Cover International Law

7. The law of treaties  

This chapter describes the law of treaties. As defined in Article 2(2) of the Vienna Convention on the Law of Treaties (VCLT), a treaty can be embodied in a single instrument, or in two or more related instruments. It is a written agreement; between international legal subjects; and governed by international law. In short, a treaty must be written in order to fall under the scope of the VCLT. Although this does not mean that oral agreements have no effect in international law, it does mean that the law of treaties embodied in the VCLT does not govern oral agreements. While States are the most active actors entering into treaty relations, international organizations may also enter into treaties, whether between themselves or with a State. Ultimately, because a treaty’s purpose is to create binding international legal obligations, the law of treaties applies to agreements governed by international law.

Chapter

Cover Brownlie's Principles of Public International Law

16. The law of treaties  

This chapter discusses the definition and functions of treaties. It deals with the conclusion of treaties; reservations; observance, application, and interpretation of treaties; amendment and modification of treaties; and invalidity, termination, and suspension of treaties.

Chapter

Cover International Criminal Law

1. The sources of international criminal law  

This chapter provides a brief introduction to the two main sources of public international law, treaty law and customary international law. It provides a basic overview of the law of treaties and explains the special status of obligations arising under the United Nations Charter. It outlines the key features of customary international law; examines the relationship between treaty law and customary international law; and revisits the idea of whether there is a hierarchy of sources in international law, and how conflicts between international law norms are to be resolved. The chapter also discusses the relationship between international criminal law and other branches of international law, specifically human rights law and international humanitarian law.

Chapter

Cover Cassese's International Law

10. The Law of Treaties  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

The most frequent means of creating international rules is the conclusion of agreements. These are also called treaties, conventions, protocols, covenants, ‘acts’, etc. The terminology varies but the substance is the same: they all denote a merger of the wills of two or more international subjects for the purpose of regulating their interests by international rules. This chapter discusses the notion and types of treaty, the making of treaties, reservations, grounds of invalidity, interpretation, and termination in light of the 1969 Vienna Convention on the Law of Treaties, which is one of the prominent achievements of the ILC for the codification and progressive development of international law.

Chapter

Cover International Law

3. The law of treaties  

This chapter examines the principles and rules of the international law of treaties as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT). It discusses the treaty as a legal concept and provides an overview of the regulation of who can conclude treaties, how consent to be bound by a treaty is expressed, the rules on entry into force, treaty reservations, the interpretation of treaties, amendments and modifications, the invalidity of treaties and the termination of and withdrawal from treaties. The VCLT is meant to be applied to all types of written treaties and it therefore governs treaties as diverse as a bilateral agreement to construct infrastructure as well as a multilateral document such as the UN Charter. In practice, however, the concrete application of the Convention may differ depending on the type of treaties.

Chapter

Cover International Law

3. The law of treaties  

This chapter examines the principles and rules of the international law of treaties as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT). It discusses the treaty as a legal concept and provides an overview of the regulation of who can conclude treaties, how consent to be bound by a treaty is expressed, the rules on entry into force, treaty reservations, the interpretation of treaties, amendments and modifications, the invalidity of treaties and the termination of and withdrawal from treaties. The VCLT is meant to be applied to all types of written treaties and it therefore governs treaties as diverse as a bilateral agreement to construct infrastructure as well as a multilateral document such as the UN Charter. In practice, however, the concrete application of the Convention may differ depending on the type of treaties.

Chapter

Cover International Human Rights Law

4. Sources  

Christine Chinkin

This chapter discusses the sources of international human rights law set out in Article 38(1) of the Statute of the International Court of Justice: treaties, custom, general principles of law, and, as subsidiary means for determining the law, judicial decisions and the teachings of publicists. It then considers the role of ‘soft law’ instruments, such as resolutions of the UN General Assembly and the work of human rights expert bodies.

Book

Cover International Law

Anders Henriksen

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

Book

Cover International Law

Anders Henriksen

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

Chapter

Cover Concentrate Questions and Answers EU Law

3. The Sources, Forms, and Individual Remedies of EU Law  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter includes questions on a wide variety of often overlapping points concerned with the sources of European Union (EU) law. The EU sources of law are the Treaties, Protocols, and the EU Charter of Fundamental Rights, which are regarded as primary sources. There is then the secondary legislation to consider which can be enacted by the institutions of the Union by virtue of the powers given by the Member States and contained in the Treaties. Additional sources of law in the EU legal order are agreements with third countries, fundamental rights, general principles, and the case law of the European Court of Justice (CJEU) establishing, amongst other case law developments, the doctrine of direct effects, supremacy of EU law, and state liability.

Book

Cover EU Law Directions

Nigel Foster

EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective. It also takes into account the fast-moving events in the UK generated by the result of the Brexit referendum and the consequent exit of the UK from the EU and entry into the transition period which ended 31 December 2020. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the UK’s relationship with the EU, the 2016 referendum, and the process of negotiating withdrawal concluding with the UK withdrawal on 31 January 2020.

Book

Cover EU Law Directions

Nigel Foster

EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective. It also takes into account the fast-moving events in the UK generated by the result of the Brexit referendum and the consequent exit of the UK from the EU and entry into the transition period due to end 31 December 2020. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the UK’s relationship with the EU, the 2016 referendum and the process of negotiating withdrawal concluding with the UK withdrawal on 31 January 2020.

Book

Cover International Law Concentrate

Ilias Bantekas and Efthymios Papastavridis

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

Chapter

Cover International Law

4. The Theory and Reality of the Sources of International Law  

Anthea Roberts and Sandesh Sivakumaran

The classic starting point for identifying the sources of international law is Article 38 of the ICJ Statute, which refers to three sources: treaties, customary international law, and general principles of law; as well as two subsidiary means for determining rules of law, namely judicial decisions and the teachings of publicists. However, Article 38 does not adequately reflect how the doctrine of sources operates in practice because it omits important sources of international law while misrepresenting the nature and weight of others. To appreciate how sources operate in practice, international lawyers need to understand how international law is created through a dialogue among States, State-empowered entities, and non-State actors. States are important actors in this process, but they are not the only actors. It is only by understanding this process of dialogue that one can develop a full understanding of the theory —and reality—of the sources of international law.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

4. Interpreting the Convention  

This chapter analyses the interpretation of the European Convention on Human Rights (ECHR). It explains that there are two key themes which have dominated the interpretation of the Convention: the purposive and the evolutive interpretations. The chapter describes the approach of the Strasbourg Court to the interpretation of the ECHR and evaluates the influence of the Vienna Convention. It suggests that the interpretation of the Convention builds on the rules of public international law on the interpretation of treaties and has remained broadly consistent with those principles, and that the role of the Strasbourg Court is casuistic.

Chapter

Cover Brownlie's Principles of Public International Law

2. The sources of international law  

This chapter discusses the sources of international law, as reflected in Article 38 of the Statute of the International Court of Justice, and covers international custom, treaties, general principles of law, and judicial decisions. It also describes other material sources: the conclusions of international conferences, resolutions of the UN General Assembly, the writings of publicists, and codification and the work of the International Law Commission, concluding with other considerations applicable in judicial reasoning.

Book

Cover EU Law

Paul Craig and Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.

Book

Cover EU Law

Paul Craig and Gráinne de Búrca

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The seventh edition of EU Law: Text, Cases, and Materials provides clear analysis of all aspects of European law in the post Lisbon era. This edition looks in detail at the way in which the provisions of the Lisbon Treaty have worked since the Treaty became operational, especially innovations such as the hierarchy of norms, the different types of competence, and the legally binding Charter of Rights. The coming into effect of the new Treaty was overshadowed by the financial crisis, which has occupied a considerable part of the EU’s time since 2009. The EU has also had to cope with the refugee crisis, the pandemic crisis, the rule of law crisis and the Brexit crisis. There has nonetheless been considerable legislative activity in other areas, and the EU courts have given important decisions across the spectrum of EU law. The seventh edition has incorporated the changes in all these areas. The book covers all topics relating to the institutional and constitutional dimensions of the EU. In relation to EU substantive law there is detailed treatment of the four freedoms, the single market, competition, equal treatment, citizenship, state aid, and the area of freedom, security and justice. Brexit is the rationale for the decision to have a separate UK version of the book. There is no difference in the chapters between the two versions, insofar as the explication of the EU law is concerned. The difference resides in the fact that in the UK version there is an extra short section at the end of each chapter explaining how, for example, direct effect, supremacy or free movement are relevant in post-Brexit UK. Law students in the UK need to know this, law students in the EU and elsewhere do not.