CONTENTS
Foreword = xv
Acknowledgments = xviii
Table of treaties = xx
Table of MOUs = xxx
Table of cases = xxxi
Glossary of legal terms = xxxiii
List of abbreviations = xxxvi
Introduction = 1
How to use this book = 4
1 The Vienna Convention on the Law of Treaties = 6
Scope of the Convention = 7
The Convention and customary international law = 9
Reference material on the Convention = 12
2 What is a treaty? = 14
Definition of 'treaty' = 14
A treaty does not have to be signed = 24
Agreements between states governed by domestic law = 24
Pactum de contrahendo = 25
Modus vivendi = 25
3 MOUs = 26
Evidence of intention to conclude (or not conclude) a legally binding instrument = 27
The practice of states = 30
How and why MOUs are used rather than treaties = 34
Dangers in using MOUs = 39
Are MOUs really treaties? = 41
Are MOUs 'soft law'? = 44
The possible legal consequences of MOUs = 45
4 Capacity to make treaties = 47
Federations = 48
Overseas territories = 52
International organisations = 54
5 Full powers = 57
Credentials = 58
Meaning of full powers = 58
The general rule = 59
When full powers are never required = 60
General full powers = 61
Procedure = 62
Invalid acts = 64
6 Adoption and authentication = 66
Adoption = 66
Authentication = 71
When is a treaty 'concluded'? = 74
7 Consent to be bound = 75
Signature = 75
Initialling = 78
The Dayton Agreement = 79
Witnessing = 79
Exchange of instruments = 80
Ratification = 81
Instrument of ratification = 85
Acceptance or approval = 87
Accession = 88
Any other agreed means = 90
'Signatory', 'party' and 'adherence' = 91
The 'all states' and 'Vienna formulas = 92
Rights and obligations prior to entry into force = 93
Development of treaties = 96
8 Reservations = 100
Interpretative declarations = 101
Reservations = 105
Reservations generally not prohibited = 108
Acceptance of, and objection to, reservations = 112
The legal effects of reservations and objections to reservations = 116
Some unresolved issues = 117
The International Law Commission study = 123
Some ways of minimising the problem of reservations = 124
Procedure = 126
Withdrawal of reservations and of objections to reservations = 128
Functions of the depositary in relation to reservations = 128
Can a reservation be made on reaccession? = 130
9 Entry into force = 131
Express provisions = 131
Date of entry into force = 135
Provisional application = 139
Preparatory commissions = 141
Retroactive effect of a treaty = 142
10 Treaties and domestic law = 143
Duty to perform treaties = 144
Constitutional provisions = 145
Monism = 146
Dualism = 150
Is one approach better? = 156
United States = 157
Implementation by federal states = 160
11 Territorial application = 162
Territorial extension clauses = 163
Declaration on signature or ratification = 165
Application of a treaty to an overseas territory alone = 168
Objections to territorial extensions = 168
Political sub-divisions of a metropolitan territory 169
12 Successive treaties = 173
Bilateral treaties = 173
Multilateral treaties = 174
Express provisions = 74
The residuary rules of Article 30 = 181
13 Interpretation = 184
Article 31 = 187
Article 32 = 197
Interpretation of treaties in more than one language = 202
Article 33 = 204
14 Third states = 207
General rule = 207
Treaties providing for obligations for third states = 208
Treaties providing for rights for third states = 208
Erga omnes status or regime = 208
Revocation or modification of obligations or rights of third states = 210
Rules in a treaty becoming binding on third states through international custom = 210
15 Amendment = 212
Bilateral treaties = 214
Multilateral treaties = 215
Residual rules = 220
16 Duration and termination = 224
Express provisions = 225
Termination or withdrawal by consent = 232
Reduction of parties below the number necessary for entry into force = 233
No provision for termination or withdrawal = 233
Termination for suspension by conclusion of a later treaty = 235
Termination or suspension for breach = 236
Supervening impossibility of performance = 239
Fundamental change of circumstances (rebus sic stantibus) = 240
Severance of diplomatic or consular relations = 242
Outbreak of hostilities = 243
Procedure = 244
Consequences of termination, withdrawal or suspension = 246
Miscellaneous = 247
Other grounds for termination = 250
17 Invalidity = 252
Violation of internal law on competence to conclude treaties = 252
Violation of specific restrictions on authority to express consent = 253
Error = 254
Fraud = 254
Corruption = 255
Coercion of a representative of a state (duress) = 255
Coercion of a state by the threat or use of force = 256
Conflict with a peremptory norm of general international law (jus cogens) = 257
Consequences of invalidity (other than for jus cogens) = 258
Procedure = 259
General points = 260
18 The depositary = 261
Designation of the depositary = 262
Duty to act impartially = 265
Functions of the depositary = 267
The depositary as a state = 270
Correction of errors = 270
Administrative functions = 273
19 Registration and publication = 275
Registration = 275
Legal effect of registration or non-registration = 278
Publication = 280
20 Settlement of disputes = 285
Voluntary settlement = 286
Compulsory binding settlement = 290
The Permanent Court of Arbitration = 296
Settlement of disputes within international organisations = 297
21 Remedies for breach = 300
Cessation of wrongful conduct = 301
Assurances and guarantees of non-repetition = 301
Satisfaction = 301
Restitution in kind (restitutio in integrum) = 302
Compensation = 302
Countermeasures = 302
Retorsion = 304
22 Succession to treaties = 305
Vienna Convention on Succession of States in respect of Treaties 1978 = 305
The customary law principles = 307
Former colonies and other dependent territories = 309
The two German states = 311
The former Soviet Union = 311
The former Yugoslav republics = 315
The former Czechoslovakia = 317
The European Community = 319
Multilateral treaties : role of the depositary = 320
Date of succession = 321
Domestic implications of treaty succession = 321
Hong Kong : 'one country, two system' = 322
23 Drafting and final clauses = 332
Title = 332
Preamble = 335
Main text = 338
Final clauses = 345
Testimonium = 352
Annexes = 354
Exchange of notes = 355
Drafting techniques = 358
Appendices
A Vienna Convention on the Law of Treaties 1969 = 361
B Single instrument treaty = 396
C Single instrument MOU = 397
D Model single instrument MOU = 400
E Treaty constituted by an exchange of notes = 401
F Model exchange of notes recording an understanding = 403
G Treaty and MOU terminology : comparative table = 404
H Credentials = 405
I Full powers = 406
J General full powers = 407
K Final Act of the Vienna Conference = 408
L Instrument of ratification = 411
M Certificate of exchange of instruments of ratification = 413
N Model exchange of notes correcting an error = 414
O Proc \bprimee s-verbal of rectification = 415
P UN Treaty Registration Regulations = 416
Q Registration checklist and certifying statement = 421
R List of overseas territories = 423
Bibliography = 425
Articles of the Convention cited in the text = 432
Index = 436
