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The Law of Treaties Beyond the Vienna Convention
Synopsis
This book 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, this book offers new insight into the basic concepts and methodology of the law of treaties and its problems.
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What Reviewers Are Saying
This creative way of looking at, challenging and inquiring into legal systems might be a useful way for future generations to explore and develop the achievements of the great international lawyers of today, who certainly include Giorgio Gaja. * Christian Djeffal, BYIL * The essays presented in this collection not only examine the various most interesting concepts and institutions of the law of treaties under the Vienna Convention and the interplay between these and general international law and highlight the impact that the Vienna Convention has exerted on the development of general international law, but also do so in a thoroughly analytical way. This is a book that will repay reading. * Sienho Yee, Chinese Journal of International Law * There can be few such compilations of works by so many different contributors that achieve such coherence of subject matter, themes and styles. All in all, it is a very valuable addition to the literature on the law of treaties. * Richard Gardiner, University College London, UK *