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International Law of Treaties

International Law of Treaties

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Published by Walter Gehr
Nowadays as in the past, treaties play a fundamental role in international relations. The present publication aims at offering to an interested public an introduction to international treaty law, i.e. the law of the treaties concluded between States in written form and governed by public international law.

In proceeding by deduction, the author's intention is to present international treaty law by starting from its inherent principles as embodied in the Vienna Convention on the Law of Treaties of 1969. This convention has entered into force on 27 January 1980 and has been ratified by more than 100 countries
Nowadays as in the past, treaties play a fundamental role in international relations. The present publication aims at offering to an interested public an introduction to international treaty law, i.e. the law of the treaties concluded between States in written form and governed by public international law.

In proceeding by deduction, the author's intention is to present international treaty law by starting from its inherent principles as embodied in the Vienna Convention on the Law of Treaties of 1969. This convention has entered into force on 27 January 1980 and has been ratified by more than 100 countries

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Published by: Walter Gehr on Sep 08, 2009
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03/14/2014

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On the Internet: www.public-international-law.net

© 2009

THE INTERNATIONAL

LAW OF TREATIES

1

Justice without might is helpless, might without justice is tyrannical

Pascal, Pensées

2

CONTENTS

Foreword

4

I) Sources of International Law

5

II) Principles of Treaty Law

7

1) Free consent

9

2) Good faith

10

3) Pacta sunt servanda

10

4) The rebus sic stantibus clause

11

5) Favor contractus

12

III) Application of the major principles

13

(free consent & good faith)

1) With regard to the conclusion of treaties

13

a) The expression of free consent

13

b) Pacta tertiis nec nocent nec prosunt

14

c) Designation of treaties

15

2) With regard to the termination of treaties

17

a) By consensus

17

b) by defects of consent

17

c) No derogation of jus cogens

19

3) With regard to the amendment of treaties

20

a) The implicit amendment

20

b) The explicit amendment

21

4) With regard to the interpretation of treaties

22

5) Specific application of the good faith-principle

23

IV) Reservations

24

V) Procedures

26

1) The State’s will

26

a) With regard to the conclusion of treaties

26

b) With regard to the termination of treaties

27

3

2) The Depositary and the registration of treaties

28

3) Settlement of Disputes

28

VI) Further reading ...

30

VII) Weblinks

31

DOCUMENTS

Vienna Convention on the Law of Treaties

33

Annex to the Vienna Convention on the Law of Treaties

60

States Parties

62

Full Powers

63

Belize

63

Canada

64

United Kingdom

65

United States of America

66

Model instruments of ratification

67

1) Accession

67

2) Approval

68

4

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