HOME > Detail View

Detail View

Modern treaty law and practice

Modern treaty law and practice (Loan 20 times)

Material type
단행본
Personal Author
Aust, Anthony.
Title Statement
Modern treaty law and practice / Anthony Aust.
Publication, Distribution, etc
Cambridge ;   New York :   Cambridge University Press,   2000.  
Physical Medium
xxxix, 443 p. ; 24 cm.
ISBN
0521591538 (hardback) 052159846X (pbk.)
Bibliography, Etc. Note
Includes bibliographical references (p. 425-431) and index.
Subject Added Entry-Topical Term
Treaties.
000 00758camuu2200241 a 4500
001 000000762776
005 20020401145723
008 990615s2000 enk b 001 0 eng
010 ▼a 99033753
020 ▼a 0521591538 (hardback)
020 ▼a 052159846X (pbk.)
040 ▼a DLC ▼c DLC ▼d UKM ▼d FCI ▼d 211009
049 1 ▼l 111197748
050 0 0 ▼a KZ1301 ▼b .A93 2000
082 0 0 ▼a 341.3/7 ▼2 21
090 ▼a 341.37 ▼b A932m
100 1 ▼a Aust, Anthony.
245 1 0 ▼a Modern treaty law and practice / ▼c Anthony Aust.
260 ▼a Cambridge ; ▼a New York : ▼b Cambridge University Press, ▼c 2000.
300 ▼a xxxix, 443 p. ; ▼c 24 cm.
504 ▼a Includes bibliographical references (p. 425-431) and index.
650 0 ▼a Treaties.

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Preservation Stacks/B2)/ Call Number 341.37 A932m Accession No. 111197748 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

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

New Arrivals Books in Related Fields