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Customary international law and treaties : a manual on the theory and practice of the interrelation of sources 2nd ed., fully rev

Customary international law and treaties : a manual on the theory and practice of the interrelation of sources 2nd ed., fully rev (Loan 6 times)

Material type
단행본
Personal Author
Villiger, Mark Eugen.
Title Statement
Customary international law and treaties : a manual on the theory and practice of the interrelation of sources / Mark E. Villiger.
판사항
2nd ed., fully rev.
Publication, Distribution, etc
The Hague ;   Boston :   Kluwer Law International ,   c1997.  
Physical Medium
xxiv, 346 p. ; 25 cm.
Series Statement
Developments in international law ; v. 28
ISBN
9041104585 (hardcover : acid-free paper)
Bibliography, Etc. Note
Includes bibliographical references (p. [293]-323) and index.
Subject Added Entry-Topical Term
Customary law, International. Treaties -- Interpretation and construction.
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008 970604s1997 ne b 001 0 eng
010 ▼a 97023227
020 ▼a 9041104585 (hardcover : acid-free paper)
035 ▼a (KERIS)REF000003839997
040 ▼a DLC ▼c DLC ▼d DLC ▼d 211009
050 0 0 ▼a KZ1277 ▼b .V55 1997
082 0 0 ▼a 341.3/7 ▼2 21
090 ▼a 341.37 ▼b V757c2
100 1 ▼a Villiger, Mark Eugen.
245 1 0 ▼a Customary international law and treaties : ▼b a manual on the theory and practice of the interrelation of sources / ▼c Mark E. Villiger.
250 ▼a 2nd ed., fully rev.
260 ▼a The Hague ; ▼a Boston : ▼b Kluwer Law International , ▼c c1997.
300 ▼a xxiv, 346 p. ; ▼c 25 cm.
440 0 ▼a Developments in international law ; ▼v v. 28
504 ▼a Includes bibliographical references (p. [293]-323) and index.
650 0 ▼a Customary law, International.
650 0 ▼a Treaties ▼x Interpretation and construction.
945 ▼a KINS

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 V757c2 Accession No. 111369139 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents


CONTENTS
Introduction = 1
  1. A Modern Theory of Customary International Law = 11
  2. The Factual Framework:Codification in Past and Present = 63
  3. Codification and Progressive Development of International Law (jus scriptum) = 93
  4. Methods of Codification:Codes, Resolutions and Conventions = 117
  5. Effects of a Convention on Pre-existing Customary International Law = 149
  6. Generation of New Customary International Law = 167
  7. Modification of Conventional Rules by Subsequent Customary Law = 193
  8. Identification of the Declaratory Quality of Conventional Rules = 225
  9. Effects of the Declaratory Nature of Conventional Rules = 249
Conclusions = 275
OVERVIEW = ⅶ
ABBREVIATIONS = xix
FOREWORD TO THE SECOND EDITION = xxiii
INTRODUCTION = 1
  A. Outline, Approach and Possible Significance of the Present Study = 3
  B. Delimitations = 6
  1. A MODERN THEORY OF CUSTOMARY INTERNATIONAL LAW = 11
    A. Introduction = 15
    B. What Constitutes State Practice? = 16
    Ⅰ. In General = 16
    Ⅱ. The Value of Statements = 17
      a) Restrictive Views = 17
      b) Safeguards = 19
      c) Verbal Acts as State Practice = 19
    Ⅲ. Functions and Examples = 23
      a) Functions = 23
      b) Votes = 23
      c) Consensus = 24
      d) Package Deals = 25
      e) Collective Stands = 25
    Ⅳ. Written Texts (Conventions etc.) as State Practice? = 25
    Ⅴ. State Practice qua Contractual Obligation = 26
    C. The Material Requirements of Customary Law = 29
    Ⅰ. General Practice:Notion and Implications = 29
    Ⅱ. The Practice of "Specially Affected" States = 30
    Ⅲ. The Practice of Dissenting States = 33
      a) Persistent Objectors = 33
      b) Subsequent Objectors = 36
    Ⅳ. Passive Conduct = 37
      a) The Traditional View = 37
      b) The Voluntarist Approach = 41
    Ⅴ. Uniformity and Consistency of Practice = 42
    Ⅵ. Duration of Practice = 45
    D. Opinio juris = 47
    Ⅰ. Concept = 47
    Ⅱ. Evidence of Opinio juris = 50
    Ⅲ"Instant" Customary Law = 52
    Ⅳ. Formation of Customary Law = 53
    E. Desuetude and Modification of a Customary Rule = 55
    F. Special Customary Law = 56
    G. Customary Law and the Hierarchy of Sources = 57
    Ⅰ. Hierarchy of Sources = 57
    Ⅱ. Conflicts between Rules of Different Sources = 59
    H. Conclusions = 60
  2. THE FACTUAL FRAMEWORK:CODIFICATION IN PAST AND PRESENT = 63
    A. Efforts Individuals and Private Organizations = 65
    Ⅰ. Individual Efforts = 65
    Ⅱ. Private Organizations = 66
    B. Official Efforts Outside the United Nations = 67
    Ⅰ. 1815-1914 = 67
    Ⅱ. The League of Nations (1919-1946) = 69
      a) The 1930 Hague Conference - Preparation and Outcome = 69
      b) Reasons for Failure = 71
    Ⅲ. Codification in the Inter-American System = 72
    Ⅳ. Other Official Bodies = 73
    C. The UN International Law Commission (ILC) = 74
    Ⅰ. Establishment = 74
    Ⅱ. Election and Composition = 75
    Ⅲ. Functions = 76
    Ⅳ. Selection of Topics = 76
    Ⅴ. Procedure = 78
    Ⅵ. Accomplishment of Work = 80
    Ⅶ. Relationship with States and the Sixth Committee = 82
      a) Direct Relations with States = 82
      b) Sixth Committee = 82
    Ⅷ. Example:The 1969 Vienna Convention on the Law of Treaties = 84
    Ⅸ. Appreciation = 84
      a) The ILC as a "Quasi-legislative Body" = 84
      b) Quantitive Appreciation:How Effective is the ILC? = 85
      c) Selection of Topics = 87
    D. Other UN Bodies = 89
  3. CODIFICATION AND PROGRESSIVE DEVELOPMENT OF INTERNATIONAL LAW (JUS SCRIPTUM) = 93
    A. The UN Framework = 95
    Ⅰ. Article 13 subpara. 1(a) of the UN Charter = 95
    Ⅱ. Response to Article 13 subpara. 1(a) = 96
      a) The Committee on the Progressive Development of International Law and its Codification (1946/47) = 96
      b) The ILC-Statute and the Practice of the ILC = 98
      c) Doctrine = 100
    B. The Concepts of Codification and Progressive Development = 102
    Ⅰ. Codification = 102
    Ⅱ. Progressive Development = 105
    Ⅲ. "Agreement" and Codification = 107
    Ⅳ. Appreciation = 108
    C. The Freedom of the Drafting Body to Codify or Develop the Law = 109
    D. Functions of jus scriptum = 111
    Ⅰ. Clarity and Certainty = 111
    Ⅱ. The Sytematization of Law = 113
    Ⅲ. Reform of Law = 113
  4. METHODS OF CODIFICATION:CODES, RESOLUTIONS AND CONVENTIONS = 117
  A. Introducton = 119
  B. Code of Rules = 119
    Ⅰ. Basis of Validity and Authority = 119
    Ⅱ. Attributes = 120
    Ⅲ. Types of Codes = 122
  C. UN General Assembly Resolutions = 124
    Ⅰ. Basis of Validity and Authority = 124
    Ⅱ. Attributes = 127
    Ⅲ. Resolutions and Declarations of Other Bodies = 129
  D. Conventions = 129
    Ⅰ. Bases of Validity = 129
      a) Contractual Obligation = 129
      b) State Practice = 131
      c) Evidence of Customary Law = 132
    Ⅱ. Political and Scientific Authority = 132
    Ⅲ. Implications of the Legal Character of Conventions = 134
      a) Independent Source of Obligation = 134
      b) The Convention as a Homogeneous Whole = 135
      c) Universality of, and Equality before, the Conventional Obligation = 136
      d) Questions of Ascertainment = 139
    Ⅳ. Special Types of Treaties, or Combinations with Other Methods = 141
  E. Appreciation = 143
  F. Embodiment of the Law of Treaties in a Convention = 146
  5. EFFECTS OF A CONVENTION ON PRE-EXISTING CUSTOMARY INTERNATIONAL LAW = 149
  A. Codificatory Conventional Rules = 151
    Ⅰ. Some Views on the Matter = 151
    Ⅱ. Criteria by which to Assess the Continuing Existence of Customary Law = 153
    Ⅲ. In Particular Conventions with Quasi-Universal Membership = 156
    Ⅳ. Implications = 158
  B. Customary Rule son the Same Subject-Matter but with Different Content ; the expressio unius-Maxim = 160
  C. Customary Rules on Subjects not Covered by the Convention = 161
  D. Effects of Conventions with Few Parties, or not in Force = 163
    Ⅰ. Reasons for Non-Acceptance = 163
    Ⅱ. Detrimental Effects on Customary Law? = 164
6. GENERATION OF NEW CUSTOMARY INTERNATIONAL LAW = 167
  A. Article 38 of the 1969 Vienna Convention on the Law of Treaties = 169
    Ⅰ. Travaux pr ₩acutee paratoires = 169
    Ⅱ. Interpretation of Article 38 = 171
      a) Normative Quality? = 171
      b) Functions of Article 38 = 172
  B. Views of Courts and Authors = 173
  C. Delimitations ; Articles 34-37 of the 1969 Vienna Convention = 175
  D. Conditions for the Generation of New Customary International Law = 176
    Ⅰ. New Rules of a "Norm-Creating", General Character = 176
      a) Individual Rules = 177
      b) New Rules = 177
      c) General Rules = 177
      d) Abstract Rules = 179
    Ⅱ. Superseding Agreements and "Special Circumstances" = 180
    Ⅲ. Reasons for the Generation of New Customary International Law = 181
  E. The Process of the Generation of New Customary Rules = 181
    Ⅰ. Codes, Resolutions, Conventions = 181
    Ⅱ. General Conditions for the Formation of Customary Law = 182
    Ⅲ. State Practice Coinciding with the Conventional Rule = 182
    Ⅳ. Practice of Parties and Non-Parties = 183
    Ⅴ. Questions of Time = 184
    Ⅵ. Binding Nature = 186
  F. Treaties as State Practice:Questions of Quasi-Legislative Effects and of a "Copyright" of Parties = 186
    Ⅰ. Some Views on the Matter = 186
    Ⅱ. Positive Functions of Convention Texts = 187
    Ⅲ. Negative Functions of Convention Texts ; "Copyright" of Parties = 188
  G. Bilateral Treaties = 189
  H. Appreciation = 189
    Ⅰ. Quasi-Legislative Functions = 189
    Ⅱ. Comparison with Other Modes of the Creation of Customary Law = 190
    Ⅲ. Position of Parties and Non-Parties = 191
7. MODIFICATION OF CONVENTIONAL RULES BY SUBSEQUENT CUSTOMARY LAW = 193
  A. ILC Drafts and the 1969 Vienna Convention on the Law of Treaties = 195
    Ⅰ. Article 68 para.(c) of the 1964 LEC Draft = 195
      a) Legislative History = 195
      b) Interpretation = 195
    Ⅱ. Relevance of Article 31 subpara. 3(c) of the 1969 Vienna Convention = 199
    Ⅲ. Relevance of Article 38 of the 1966 LEC Draft = 198
    Ⅳ. Relevance of Article 42 and 54 of the 1969 Vienna Convention = 199
  B. State Practice ; Views of Courts and Authors = 200
  C. Grounds for Modification = 204
  D. The Conflict between the Conventional and the Customary Rule = 205
    Ⅰ. How Does the Conflict Arise? = 205
    Ⅱ. Solution:Desuetude of the Conventional Rule ; Customary Law as the lex posterior = 206
    Ⅲ. Conflict with a Declaratory Conventional Rule = 208
    Ⅳ. Exceptions to a General Rule ; Special Customary Law and Special Treaties = 209
  E. Origination and Formation of the New Customary Rule = 210
    Ⅰ. Derogation from, or Breach of, the Conventional Rule = 210
    Ⅱ. Modification through Interpretation and Adaptation = 213
  F. Implications of the Customary Basis of the New Rule = 214
    Ⅰ. Practice of Parties and Non-Parties = 214
    Ⅱ. Consent of the Parties? = 215
    Ⅲ. Opinio juris and the Intention to Depart from the Conventional Rule = 216
    Ⅳ. Presumptions against Change ; the Difficulty of Ascertaining Modification = 217
  G. Questions of Time = 218
  H. Conclusions = 220
    Ⅰ. Evaluation = 220
    Ⅱ. Comparison with Other Means of Amendment = 221
8. IDENTIFICATION OF THE DECLARATORY QUALITY OF CONVENTIONAL RULES = 225
  A. Preliminary Remarks = 227
    Ⅰ. The Techniques of Identifying Declaratory Conventional Rules = 227
    Ⅱ. When is Identification Necessary? = 227
    Ⅲ. Relevance of Rule son Interpretation = 228
    Ⅳ. The Value of Sweeping Statements = 229
  B. The Strata of Materials = 230
    Ⅰ. Pre-travaux pr ₩acutee paratoires Materials = 230
    Ⅱ. Travaux pr ₩acutee paratoires = 230
    Ⅲ. The Convention = 232
      a) Convention Text = 232
      b) Preambles = 236
      c) Other Indicators = 236
    Ⅳ. Subsequent State Practice = 238
  C. The Techniques of Employing These Materials = 238
    Ⅰ. Opinions of Courts, in particular the International Court of Justice (ICJ) = 238
    Ⅱ. Doctrine ; Critique of the Prevalent Theory = 241
  D. Evaluatin = 244
    Ⅰ. Necessity to Consider All Elements ; Order of Examination = 244
    Ⅱ. Multiple Inconsistencies, Paucity of Results = 246
    Ⅲ. Complete Identity of the Written and Unwritten Rule? = 247
9. EFFECTS OF THE DECLARATORY NATURE OF CONVENTIONAL RULES = 249
  A. Effects Before the Entry into Force of the Convention = 251
    Ⅰ. Relevance of Articles 4 and 28 of the 1969 Vienna Convention = 251
    Ⅱ. Notion = 253
  B. Reservations = 254
    Ⅰ. Reservations to Declaratory Rules = 254
      a) Admissibility of Reservations = 254
      b) Reservation Clauses = 254
      c) Applicable Law = 257
      d) Effects of Reservations upon Underlying Customary Law = 261
    Ⅱ. Reservations to Non-Declaratory Rules = 261
    Ⅲ. Evaluation = 263
  C. Influence of Customary and Conventional Rules on the Interpretation and Identification of One Another = 264
    Ⅰ. Relevance of Article 31 subpara. 3(c) of the 1969 Vienna Convention = 264
    Ⅱ. Functions of the Customary Rule for the Interpretation of the Conventional Rule = 265
    Ⅲ. Functions of th Conventional Rule for the Customary Rule = 267
  D. Subsequent Changes in the Conventional R ₩acutee gime = 269
    Ⅰ. Framework of the 1969 Vienna Convention = 269
      a) Relevance of Articles 43 and 60 para. 5 = 269
      b) Relevance of Article 56 = 270
    Ⅱ. Effects of the Invalidity, Termination or Denunciation of a Convention, or of the Suspension of its Operation = 271
    Ⅲ. Amendment of Conventional Rules = 274
10. CONCLUSIONS = 275
  A. Degree of Recognition of Customary Law in the State Community = 277
  B. Codification and Progressive Development ; Declaratory and Non-Declaratory Rules = 278
  C. Conservative Impact of jus scriptum on Customary Law = 280
  D. Dynamic Impact of Customary Law on jus scriptum = 281
  E. Individualistic and Communal Interests of States = 284
  F. Customary Law and Treaties as Sources of Law = 286
  G. Identification o Customary Law = 288
  H. Customary Law and the Present International Community = 289
  I. Codification of the Interplay of Sources? = 290
BIBLIOGRAPHY = 293
ABLE OF TREATIES, STATUTES AND TRAVAUX PR ₩acuteE PARATOIRES = 325
TABLE OF CASES = 329
INDEX = 333

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