Readership: Scholars and students of general international law and the law of treaties; international and domestic practitioners working on cases which involve the interpretation of international treaties; government and NGO officers involved in the interpretation of already concluded treaties and the negotiation of new ones
Edited by Enzo Cannizzaro, Professor of international Law, University of Roma "La Sapienza"
"This creative way of looking at, challenging and inquiring into legal systems might be a useful way for future generations to explore and develop the achievements of the great international lawyers of today, who certainly include Giorgio Gaja." - Christian Djeffal, BYIL
"The essays presented in this collection not only examine the various most interesting concepts and institutions of the law of treaties under the Vienna Convention and the interplay between these and general international law and highlight the impact that the Vienna Convention has exerted on the development of general international law, but also do so in a thoroughly analytical way. This is a book that will repay reading." - Sienho Yee, Chinese Journal
of International Law
"There can be few such compilations of works by so many different contributors that achieve such coherence of subject matter, themes and styles. All in all, it is a very valuable addition to the literature on the law of treaties." - Richard Gardiner, University College London, UK
Part I - Conclusion of Treaties
1: Olivier Corten and Pierre Klein: Are Agreements between States and Non-State Entities Rooted in the International Legal Order?
2: Paolo Palchetti: Article 18 of the 1969 Vienna Convention: A Vague and Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?
3: Alain Pellet and Daniel Müller: Reservations to Treaties: An Objection to a Reservation is Definitely not an Acceptance
4: Bruno Simma and Gleider I. Hernández: Legal Consequences of an Impermissible Reservation to a Human Right Treaty: Where Do We Stand?
5: Mahnoush H. Arsanjani and W. Michael Reisman: Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards
Part II - Interpretation of Treaties
6: Mark E. Villiger: The Rules on Interpretation - Misgivings, Misunderstandings, Miscarriage? The 'Crucible' Intended by the International Law Commission
7: Pierre-Marie Dupuy: Evolutionary Interpretation of Treaties: Between Memory and Prophecy
8: Georg Nolte: Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body
9: Luigi Sbolci: Supplementary Means of Interpretation
10: Donald McRae: Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement
Part III - Observance and Application of Treaties
11: Benedetto Conforti: Consistency among Treaties Obligations
12: Jan Klabbers: Beyond the Vienna Convention: Conflicting Treaty Provisions
13: Christian Tomuschat: International Organizations as Third Parties under the Law of International Treaties
14: Francesco Salerno: Treaties Establishing Objective Regimes
15: Michael Wood: The Law of Treaties and the UN Security Council: Some Reflections
16: Pieter Jan Kuijper: The European Courts and the Law of Treaties: The Continuing Story
17: Fausto Pocar: 17. Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties
Part IV - Invalidity and Termination of Treaties
18: Joe Verhoeven: Invalidity of Treaties: Anything New in/under the Vienna Conventions?
19: Serena Forlati: Coercion as a Ground Affecting the Validity of Peace Treaties
20: Alessandra Gianelli: Absolute Invalidity of Treaties and Their Non-Recognition by Third States
21: Marcelo G. Kohen: Desuetude and Obsolescence of Treaties
22: Annalisa Ciampi: Invalidity and Termination of Treaties and Rules of Procedure
Part V - Jus Cogens Beyond the Vienna Convention
23: Karl Zemanek: The Metamorphosis of the Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Order?
24: Paolo Picone: The Distinction between Jus Cogens and Obligations Erga Omnes
25: Enzo Cannizzaro: A Higher Law for Treaties?