Research handbook on the law of treaties / edited by Christian J. Tams [and three others] ; Enzo Cannizzaro [and twenty three others], contributors.

Format:

Book

Contributor:

Tams, Christian J., editor.

Cannizzaro, Enzo, contributor.

Series:

Research handbooks in international law.

Research Handbooks in International Law

Language:

English

Subjects (All):

Treaties.

Law.

Physical Description:

1 online resource (678 p.)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar, 2014.

Language Note:

English

Summary:

Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and uniformity vs specialisation, to name a few. It seeks to define and re-define the dimensions in which Treaty law operates, tracing its fault-lines and the challenges it faces, such as breaches, regime-collisions, state succession and armed conflict. Representing a broad range of jurisdictional and ideological perspectives, the Research Handbook provide

Contents:

Cover; Copyright; Contents; Contributors; Preface; Introduction; PART I PRINCIPLES; 1. The law of treaties; or, should this book exist?; 2. The law of treaties through the interplay of its different sources; 3. Regulating treaties: A comparative perspective; 4. Theorizing treaties: The consequences of the contractual analogy; 5. The effects of treaties in domestic law; PART II DIMENSIONS; 6. The temporal dimension: Non-retroactivity and its discontents; 7. The spatial dimension: Treaties and territory; 8. The personal dimension: Challenges to the pacta tertiis rule; PART III TENSIONS

9. Formalism versus flexibility in the law of treaties10. Integrity versus flexibility in the application of treaties; 11. Pacta sunt servanda versus flexibility in the suspension and termination of treaties; 12. Uniformity versus specialization (1): The quest for a uniform law of inter-State treaties Malgosia Fitzmaurice; 13. Uniformity versus specialization (2): A uniform regime of treaty interpretation?; PART IV INTERACTIONS AND RUPTURES; 14. Regime-collisions: Tensions between treaties (and how to solve them); 15. Responding to deliberately created treatyc onflicts

16. Treaty breaches and responses17. Succession to treaties and the inherent limits of international law; 18. Treaties and armed conflict; PART V EXPANSIONS; 19. Treaties and international organizations: Uneasy analogies; 20. Treaty law and multinational enterprises: More than internationalized contracts?; 21. Treaties and individuals: Of beneficiaries, duty-bearers, users, and participants; Index

Notes:

Includes index.

Description based on print version record.

ISBN:

0-85793-478-3