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• Title:Modern treaty law and practice / Anthony Aust, Formerly Deputy Legal Adviser, Foreign and Commonwealth Office, London.
  
•    
• Author/Creator:Aust, Anthony.
  
• Published/Created:Cambridge, United Kingdom : Cambridge University Press, 2013.
  

• Holdings

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  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KZ1301 .A98 2013
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Treaties.
  
• Genre/Form:Treaties.
  
• Edition:Third edition.
  
• Description:l, 468 pages : forms ; 26 cm
  
• Summary:"This new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind. Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just when they are the subject of a court case. He explores numerous precedents from treaties and other related documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language, the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern Treaty Law and Practice is essential reading for teachers and students of law, political science, international relations and diplomacy, who have an interest in treaties."--pub. desc.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781107023840 (hbk.)
  110702384X (hbk.)
  9781107685901 (pbk.)
  1107685907 (pbk.)
  
• Contents:Machine generated contents note: How to use this book
  footnotes and references
  Emphasis
  Errors, omissions, comments and material
  1. Vienna Convention on the Law of Treaties 1969
  Flexibility of the Convention
  Scope of the Convention
  Treaties with or between other subjects of international law
  International organisations
  Oral agreements
  No retrospective effect
  State succession, state responsibility and the outbreak of hostilities
  Bilateral and multilateral treaties
  Convention and customary international law
  To what extent does the Convention express rules of customary international law?
  Effect of emerging customary law on prior treaty rights and obligations
  Reference material on the Convention
  2. What is a treaty?
  Definition of `treaty'
  `An International Agreement'
  `Concluded Between States'
  `In written Form'
  `Governed by International Law'
  `Whether Embodied in a single instrument or in two or more related instruments'
  `Whatever its particular designation'
  treaty does not have to be signed
  Memorandum of understanding
  Exchange of notes
  Protocol
  Optional protocol
  Less usual treaty names
  Colloquial names
  Treaties between states governed by, or referring to, domestic law
  Pactum de contrahendo
  Modus vivendi
  3. MOUs
  Distinguishing between a treaty and an MOU
  Evidence of an intention to conclude (or not conclude) a treaty
  Terminology and form
  Content
  Express provisions as to non-legally binding status
  Circumstances in which the instrument was concluded
  Registration and non-registration
  Disagreement as to status
  practice of states
  Commonwealth states
  European Union states
  United States
  How and why states use MOUs rather than treaties
  Confidentiality
  Lack of formality
  Amendment
  Termination
  Dispute settlement
  Interpretation
  Agreements with non-states
  Dangers in using MOUs
  Respect for MOUs may be seen as less important than for treaties
  Possible lack of care in drafting
  Lack of implementing legislation
  Difficulty in finding MOUs
  legal status of MOUs
  Are MOUs really treaties?
  Authentication
  Bilateral treaties
  Multilateral treaties
  Treaties adopted within an international organisation
  Final act
  When is a treaty `concluded'?
  7. Consent to be bound
  Participation in a treaty
  Signature
  `Open for signature'
  Signature ad referendum
  Place of signature
  Doubt about signature
  Initialling
  Dayton Agreement
  Witnessing
  Exchange of instruments constituting a treaty
  Ratification
  Exchange or deposit of instruments of ratification
  Conditional ratification?
  No obligation to ratify
  Period for ratification
  Ratification of part of a treaty
  Instrument of ratification
  Who can sign?
  Form and content of an instrument of ratification
  Place of deposit of instruments
  Acknowledgement and date of deposit
  Acceptance or approval
  Provisional or definitive application
  Accession
  Preconditions for accession
  Any other agreed means
  `Signatory', `party', `signed-up to' and `adherence'
  `all states' and `Vienna' formulas
  Rights and obligations prior to entry into force
  Obligation not to defeat the object and purpose of a treaty prior to its entry into force (Article 18)
  Withdrawal of consent to be bound before entry into force
  Withdrawal and re-ratification?
  Unratified treaties
  Development of treaties
  Framework treaties
  Measures
  International tribunals
  8. Reservations
  Interpretative declarations
  Political declarations
  Disguised reservations
  Reservations
  Bilateral treaties
  Multilateral treaties
  Reservations generally not prohibited
  Exception (a): the reservation is prohibited by the treaty
  Exception (b): the treaty provides that only specified reservations may be made
  Exception (c): exceptions (a) and (b) do not apply, and the reservation is incompatible with the object and purpose of the treaty (compatibility test)
  Acceptance of, and objection to, reservations
  Plurilateral treaties
  Constituent instrument of an international organisation
  All other cases
  law before the Convention
  rules of the Convention
  legal effect of reservations and objections to reservations
  Some unresolved issues
  Reservations to human rights treaties
  Treaty-monitoring bodies
  Some ways of minimising the problem of reservations
  Procedure
  Reservations
  Objections to reservations
  Withdrawal of reservations and of objections to reservations
  Functions of the depositary in relation to reservations
  Treaties with provisions on reservations
  Treaties silent as to reservations
  Late reservations
  Can a reservation be made on `re-accession'?
  International Law Commission study on reservations
  9. Entry into force
  Express provisions
  No provision or agreement on entry into force
  Date of entry into force
  Ratification after the treaty has entered into force
  Who determines the date of entry into force?
  Time of entry into force
  Date from which the treaty speaks
  Effect of withdrawal of an instrument or extinction of a state
  Reservations attached to instruments
  Provisional application
  Preparatory commissions
  Retroactive effect of a treaty
  Revival of a treaty
  10. Treaties and domestic law
  Duty to perform treaties
  Constitutional provisions
  Monism
  France
  Germany
  Netherlands
  Poland
  Russia
  Switzerland
  Dualism
  UK constitutional practice
  Scotland and Northern Ireland
  Interpretation and application of treaties by UK courts
  EU law and the United Kingdom
  Other dualist states
  Is one approach better?
  United States
  Treaties as the law of the land
  Hierarchy of norms
  Interpretation of treaties by US courts
  Implementation by states of the United States
  11. Territorial application
  Territorial extension clauses
  Bilateral treaties
  Multilateral treaties
  Transfer of an overseas territory
  Declaration on signature or ratification
  Crown Dependencies of the Isle of Man and the Channel Islands
  Application of a treaty to an overseas territory alone
  Objections to territorial extensions
  Political subdivisions of metropolitan territory
  Territorial clauses
  Federal clauses
  Federal reservations or statements
  Hong Kong and Macau Special Administrative Regions
  12. Successive treaties
  Bilateral treaties
  Multilateral treaties
  Express provisions
  treaty prevails over all other treaties, past and future
  treaty is subordinate to an earlier one
  parties shall not enter into later inconsistent treaties
  existing treaty shall not be affected
  For parties to the treaty it prevails over earlier treaties
  Compatible supplementary treaties are permitted
  Comprehensive provisions
  best of both worlds
  Neutral provisions
  residual rules of Article 30
  13. Interpretation
  Article 31: general rule of interpretation
  Article 32: supplementary means of interpretation
  Article 31
  Paragraph (1): basic rule
  Paragraph (2): context
  Paragraph (3): subsequent agreements and practice
  Subsequent agreement
  Subsequent practice
  Relevant rules of international law
  Special meaning
  Article 32: supplementary means of interpretation
  Other supplementary means of interpretation
  Implied terms
  Interpretation of treaties in more than one language
  Article 33
  14. Third states
  General rule
  Treaties providing for obligations for third states
  Treaties providing for rights for third states
  Erga omnes status or regime
  Revocation or modification of obligations or rights of third states
  Rules in a treaty becoming binding on third states through international custom
  Third state nationals and some others
  15. Amendment
  Bilateral treaties
  Multilateral treaties
  Automatically and comprehensively binding amendment mechanisms
  Deemed acceptance of amendment
  percentage problem
  No effective amendment procedure
  Review clauses
  Residual rules
  Proposal to amend a treaty as between all the parties
  Supplementary treaties
  Agreement to modify a multilateral treaty between certain parties only
  Amendment before entry into force
  16. Duration and termination
  Express provisions
  Indefinite duration with right to terminate
  Duration for a fixed period with possibility of extension
  Indefinite duration with conditional right to withdraw
  Duration until a specific event
  Duration for a specified period of years with no provision for extension or withdrawal
  Extension of treaties
  Comprehensive clauses
  Differing termination formulas
  Duration for an indefinite period with no withdrawal clause
  Transitional provisions
  Termination or withdrawal by consent
  Reduction of parties below the number necessary for entry into force
  No provision for termination or withdrawal
  Termination or suspension by conclusion of a later treaty
  Termination or suspension for breach
  Bilateral treaties
  Multilateral treaties
  Material breach
  Fundamental breach
  Supervening impossibility of performance
  Fundamental change of circumstances (rebus sic stantibus)
  Paragraph 1
  Paragraph 2
  Paragraph 3
  Procedure
  Article 66
  Contents note continued: Instruments for termination, withdrawal or suspension
  Consequences of termination, withdrawal or suspension
  Miscellaneous
  Obligations imposed by international law independently of a treaty
  Separability of treaty provisions
  Loss of rights by acquiescence
  Can one validly withdraw from a treaty and then accede to it?
  Other grounds for termination
  By implication
  Execution
  Desuetude (disuse) or obsolescence
  Extinction of the international legal personality of a party
  Severance of diplomatic or consular relations
  Outbreak of hostilities
  17. Invalidity
  Violation of internal law on competence to conclude treaties
  Violation of specific restrictions on authority to express consent
  Error
  Fraud
  Corruption
  Coercion of a representative of a state (duress)
  Coercion of a state by the threat or use of force
  Peace treaties
  Conflict with a peremptory norm of general international law (jus cogens)
  Unequal treaties
  Consequences of invalidity (other than for jus cogens)
  Procedure
  General points
  Separability of treaty provisions
  Loss of rights by acquiescence
  18. depositary
  Bilateral treaties
  Designation of the depositary for a multilateral treaty
  One or more states as depositary
  international organisation as depositary
  UN Secretary-General as depositary
  Duty to act impartially
  Functions of the depositary
  Notifications and communications
  depositary as a state
  Correction of errors
  Administrative functions
  19. Registration and publication
  Registration
  Registration regulations and procedure
  Associated documents
  Joint registration
  Legal effect of registration or non-registration and disputes
  Publication
  Publication by the United Nations
  Publication by states
  Other sources of treaty texts
  Treaty indexes
  20. Dispute settlement and remedies
  Voluntary settlement
  Negotiations and consultations
  Involvement of third parties
  Conciliation
  Compulsory binding settlement
  Arbitration
  Judicial settlement
  Failure to provide for a compulsory dispute settlement mechanism
  Remedies
  Countermeasures
  Objects and limits of countermeasures
  Proportionality
  Procedural conditions
  Sacrosanct obligations
  21. Succession to treaties
  Vienna Convention on Succession of States in respect of Treaties 1978
  Customary law principles
  Former colonies and other overseas territories
  two German states
  former Soviet Union
  Russia
  Former Soviet republics
  Baltic states
  Former Yugoslav republics
  Bosnia and Herzegovina, Croatia, Macedonia and Slovenia
  Federal Republic of Yugoslavia (Serbia and Montenegro)
  Former Czechoslovakia
  Multilateral treaties: role of the depositary
  `Yugoslavia'
  Date of succession
  Domestic implications of treaty succession
  Hong Kong and Macau
  Continued application of treaties
  Multilateral treaties
  Bilateral treaties with third states
  Legal effect of the arrangements for third states
  22. International Organisations
  Establishment by treaty
  Interpretation of the constituent instrument
  Membership
  International legal personality
  Treaties between states and international organisations or between international organisations: the 1986 Convention
  Negotiation of multilateral treaties
  Treaties adopted within an international organisation
  UN Sixth Committee
  UN International Law Commission
  UN specialised agencies
  Regional international organisations
  Authentication of treaties adopted within an international organisation
  Responsibility for the acts of an international organisation
  Dispute settlement
  United Nations
  UN specialised agencies
  Staff disputes
  Human rights treaty-monitoring bodies
  Special cases
  European Union
  What's in a name?
  Capacity of the Union to conclude treaties
  23. Drafting and final clauses
  Title
  Name
  Purpose
  Preamble
  Bilateral treaties
  Multilateral treaties
  Preambular paragraphs
  MOUs
  Main text of treaties
  Layout
  Headings
  Numbering
  Paragraph numbering
  Cross-references
  Footnotes
  MOUs
  Terminology
  Privileges and immunities
  Table of contents
  Final clauses
  MOUs
  Relationship to other treaties
  Settlement of disputes
  Amendment and revision
  Status of annexes
  Signature
  Ratification
  Accession
  Entry into force
  Duration and denunciation, withdrawal or termination
  Provisional application
  Territorial application
  Reservations
  Depositary
  Registration
  Authentic texts
  Testimonium
  Bilateral treaties
  MOUs
  Attachments
  Exchanges of notes
  MOUs
  Procedure
  Drafting techniques
  How to begin
  Style
  Numbering
  Languages
  Amendment/consolidation
  Substance
  Presenting the draft
  Appendices
  A. Vienna Convention on the Law of Treaties
  B. Single instrument treaty
  C. Single instrument MOU
  D. Model single instrument MOU
  E. Treaty constituted by an exchange of notes
  F. Model exchange of notes recording an understanding
  G. Treaty and MOU terminology: comparative table
  H. Credentials
  I. Full powers
  J. General full powers for permanent representative to the United Nations
  K. Final Act of the Vienna Conference
  L. Instrument of ratification
  M. Certificate of exchange of instruments of ratification
  N. Model exchange of notes correcting an error in an exchange of notes
  O. Proces-verbal of rectification
  P. UN registration regulations
  Q. Overseas territories.