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Research Handbook on the Law of Treaties


ISBN13: 9780857934772
Published: September 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £227.00
Paperback edition , ISBN13 9781785369513



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The Research Handbook on the Law of Treaties provides an authoritative treatment of fundamental issues in international treaty law. Identifying key challenges facing the modern law of treaties, the Handbook presents an assessment of the potential future directions that the law could take.

Rather than an article-by-article commentary, the Handbook offers an innovative study of the spatial, personal and temporal dimensions of treaties, the tensions that arise due to the need for both flexibility and certainty in treaty relations, the interaction between treaty regimes and the potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an ‘agenda for research’, highlighting areas where future work could yield significant results.

This pioneering Handbook will prove an invaluable resource for researchers and advanced students, as well as providing unique insights for practitioners of international law.

Subjects:
Public International Law
Contents:
PART I: PRINCIPLES
1. The Law of Treaties or, Should this Book Exist?
Vaughan Lowe
2. The Law of Treaties through the Interplay of its Different Sources
Enzo Cannizzaro
3. Regulating Treaties: A Comparative Perspective
Martins Paparinskis
4. Theorizing Treaties: The Consequences of the Contractual Analogy
Akbar Rasulov
5. The Effects of Treaties in Domestic Law
André Nollkaemper

PART II: DIMENSIONS
6. The Temporal Dimension: Non-retroactivity and Its Discontents
Markus Kotzur
7. The Spatial Dimension: Treaties and Territory
Marko Milanovic
8. The Personal Dimension: Challenges to the pacta tertiis Rule
Alexander Proelss

PART III: TENSIONS
9. Formalism versus Flexibility in the Law of Treaties
Jean d’Aspremont
10. Integrity versus Flexibility in the Application of Treaties
Katherine del Mar
11. Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties
Sotirios-Ioannis Lekkas & Antonios Tzanakopoulos
12. Uniformity versus Specialisation (1): The Quest for a Uniform Law of Inter-State Treaties
Malgosia Fitzmaurice & Panos Merkouris
13. Uniformity versus Specialisation (2): A Uniform Regime of Treaty Interpretation?
Michael Waibel

PART IV: INTERACTIONS & RUPTURES
14. Regime-collisions: Tensions Between Treaties (and How to Solve Them)
Jasper Finke
15. Responding to Deliberately-created Treaty Conflicts
Surabhi Ranganathan
16. Treaty Breaches and Responses
Christian J Tams
17. Succession to Treaties and the Inherent Limits of International Law
Andreas Zimmermann & James Devaney
18. Treaties and Armed Conflict
Yaël Ronen

PART V: EXPANSIONS
19. Treaties and International Organisations: Uneasy Analogies
Philippa Webb
20. Treaty Law and Multinational Enterprises: More than Internationalized Contracts?
Markos Karavias
21. Treaties and Individuals: Of Beneficiaries, Duty-bearers, Users, and Participants
Ilias Plakokefalos