Provisionally applied treaties : their binding force and legal nature / by Anneliese Quast Mertsch.

Format:

Book

Author/Creator:

Mertsch, Anneliese Quast.

Series:

Queen Mary Studies in International Law 9.

Queen Mary studies in international law ; 9

Language:

English

Subjects (All):

Treaties--Provisional application.

Treaties.

Treaties--Ratification.

Physical Description:

1 online resource (322 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Brill, 2012.

Language Note:

English

Summary:

In Provisionally Applied Treaties: Their Binding Force and Legal Nature , Anneliese Quast Mertsch examines the binding force and legal nature of treaties during the period of their provisional application, a subject whose significance in practice is not reflected in the relatively limited attention it receives in academic writing. She analyses academic opinion and international practice (including especially the manifestations of the intentions of the parties) on the subject. Whilst commonly considered as being in a class of their own, the book instead suggests that provisionally applied treaties are agreements whose binding force and legal nature can vary and should be determined on a case-by-case basis, as is done with other agreements in international law.

Contents:

Preliminary Material

Introduction

An Introduction to Provisional Application

The View that Provisionally Applied Treaties are Non-Legally Binding

The View that Provisionally Applied Treaties are Legally Binding

The Binding Force of Provisionally Applied Treaties in the Practice of States and International Organisations

Concluding Rem

Appendix (2007–2008 Questionnaire)

Bibliography

Bibliography of Literature on the Provisional Application of Treaties

Index.

Notes:

Originally presented as the author's dissertation (doctoral--University of London, 2010) under the title: The binding force and legal nature of provisionally applied treaties.

Includes bibliographical references and index.

ISBN:

1-283-85426-0

90-04-22354-1

OCLC:

823386252

Publisher Number:

10.1163/9789004223547 DOI