Vienna Convention on the Law of Treaties

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Oliver Dorr, Kirsten Schmalenbach


Springer; 2012 – 2nd edition




1412 pages









Book Description

A comprehensive article-by-article explanation of each and every provision of the Vienna Convention on the Law of Treaties may be found in the Commentary on the Vienna Convention on the Law of Treaties. The following organizational principles have been consistently applied throughout the texts: (I) Purpose and Function of the Article; (II) Historical Background and Negotiating History; and (III) Elements of the Article. When applicable, the Vienna Convention on Treaties between States and Intergovernmental Organizations as well as between IOs is taken into consideration. In conclusion, this Commentary provides a detailed legal examination of all issues of the international law that pertain to treaties. When the law of treaties extends into other areas of international law, such as the law of state responsibility, the pertinent interfaces with those other areas of international law are examined and contextualized here. Due to the Commentary’s emphasis on international practice, it is directed not only toward academics but also toward those who really practice international law.

Table of contents

Table of contents :
Front Matter….Pages i-xliv
Front Matter….Pages 7-7
Introduction: On the Role of Treaties in the Development of International Law….Pages 1-6
Preamble….Pages 9-16
Front Matter….Pages 17-17
Article 1. Scope of the present Convention….Pages 19-25
Article 2. Use of terms….Pages 27-48
Article 3. International agreements not within the scope of the present Convention….Pages 49-79
Article 4. Non-retroactivity of the present Convention….Pages 81-88
Article 5. Treaties constituting international organizations and treaties adopted within an international organization….Pages 89-99
Front Matter….Pages 101-101
Article 6. Capacity of States to conclude treaties….Pages 105-117
Article 7. Full powers….Pages 119-130
Article 8. Subsequent confirmation of an act performed without authorization….Pages 131-135
Article 9. Adoption of the text….Pages 137-146
Article 10. Authentication of the text….Pages 147-151
Article 11. Means of expressing consent to be bound by a treaty….Pages 153-162
Article 12. Consent to be bound by a treaty expressed by signature….Pages 163-173
Article 13. Consent to be bound by a treaty expressed by an exchange of instruments constituting a treaty….Pages 175-179
Article 14. Consent to be bound by a treaty expressed by ratification, acceptance or approval….Pages 181-195
Article 15. Consent to be bound by a treaty expressed by accession….Pages 197-208
Article 16. Exchange or deposit of instruments of ratification, acceptance, approval or accession….Pages 209-213
Article 17. Consent to be bound by part of a treaty and choice of differing provisions….Pages 215-217
Article 18. Obligation not to defeat the object and purpose of a treaty prior to its entry into force….Pages 219-235
Front Matter….Pages 101-101
Article 19. Formulation of reservations….Pages 239-286
Article 20. Acceptance of and objection to reservations….Pages 287-306
Article 21. Legal effects of reservations and of objections to reservations….Pages 307-319
Article 22. Withdrawal of reservations and of objections to reservations….Pages 321-336
Article 23. Procedure regarding reservations….Pages 337-347
Guide to Practice on Reservations to Treaties….Pages 349-388
Article 24. Entry into force….Pages 391-406
Article 25. Provisional application….Pages 407-421
Front Matter….Pages 423-423
Article 26. Pacta sunt servanda ….Pages 427-451
Article 27. Internal law and observance of treaties….Pages 453-473
Article 28. Non-retroactivity of treaties….Pages 477-487
Article 29. Territorial scope of treaties….Pages 489-503
Article 30. Application of successive treaties relating to the same subject matter….Pages 505-518
Article 31. General rule of interpretation….Pages 521-570
Article 32. Supplementary means of interpretation….Pages 571-586
Article 33. Interpretation of treaties authenticated in two or more languages….Pages 587-601
Article 34. General rule regarding third States….Pages 605-643
Article 35. Treaties providing for obligations for third States….Pages 645-654
Article 36. Treaties providing for rights for third States….Pages 655-671
Article 37. Revocation or modification of obligations or rights of third States….Pages 673-684
Front Matter….Pages 423-423
Article 38. Rules in a treaty becoming binding on third States through international custom….Pages 685-696
Front Matter….Pages 697-697
Article 39. General rule regarding the amendment of treaties….Pages 699-707
Article 40. Amendment of multilateral treaties….Pages 709-717
Article 41. Agreements to modify multilateral treaties between certain of the parties only….Pages 719-727
Front Matter….Pages 729-729
Article 42. Validity and continuance in force of treaties….Pages 733-744
Article 43. Obligations imposed by international law independently of a treaty….Pages 745-751
Article 44. Separability of treaty provisions….Pages 753-763
Article 45. Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty….Pages 765-772
Article 46. Provisions of internal law regarding competence to conclude treaties….Pages 775-804
Article 47. Specific restrictions on authority to express the consent of a State….Pages 805-814
Article 48. Error….Pages 815-833
Article 49. Fraud….Pages 835-848
Article 50. Corruption of a representative of a State….Pages 849-855
Article 51. Coercion of a representative of a State….Pages 857-869
Article 52. Coercion of a State by the threat or use of force….Pages 871-896
Article 53. Treaties conflicting with a peremptory norm of general international law (“ jus cogens ”)….Pages 897-942
Article 54. Termination of or withdrawal from a treaty under its provisions or by consent of the parties….Pages 945-962
Article 55. Reduction of the parties to a multilateral treaty below the number necessary for Its entry into force….Pages 963-966
Article 56. Denunciation of or withdrawal from a treaty containing no provision regarding termination, denunciation or withdrawal….Pages 967-987
Article 57. Suspension of the operation of a treaty under its provisions or by consent of the parties….Pages 989-995
Front Matter….Pages 729-729
Article 58. Suspension of the operation of a multilateral treaty by agreement between certain of the parties only….Pages 997-1010
Article 59. Termination or suspension of the operation of a treaty implied by conclusion of a later treaty….Pages 1011-1020
Article 60. Termination or suspension of the operation of a treaty as a consequence of its breach….Pages 1021-1049
Article 61. Supervening impossibility of performance….Pages 1051-1065
Article 62. Fundamental change of circumstances….Pages 1067-1104
Article 63. Severance of diplomatic or consular relations….Pages 1105-1120
Article 64. Emergence of a new peremptory norm of general international law (“ jus cogens ”)….Pages 1121-1127
Article 65. Procedure to be followed with respect to invalidity, termination, withdrawal from or suspension of the operation of a treaty….Pages 1131-1150
Article 66. Procedures for judicial settlement, arbitration and conciliation….Pages 1151-1157
Annex to Article 66….Pages 1159-1166
Article 67. Instruments for declaring invalid, terminating, withdrawing from or suspending the operation of a treaty….Pages 1167-1172
Article 68. Revocation of notifications and instruments provided for in articles 65 and 67….Pages 1173-1176
Article 69. Consequences of the invalidity of a treaty….Pages 1179-1193
Article 70. Consequences of the termination of a treaty….Pages 1195-1210
Article 71. Consequences of the invalidity of a treaty which conflicts with a peremptory norm of general international law….Pages 1211-1226
Article 72. Consequences of the suspension of the operation of a treaty….Pages 1227-1235
Front Matter….Pages 1237-1237
Article 73. Cases of State succession, State responsibility and outbreak of hostilities….Pages 1239-1266
Article 74. Diplomatic and consular relations and the conclusion of treaties….Pages 1267-1278
Article 75. Case of an aggressor State….Pages 1279-1293
Front Matter….Pages 1295-1295
Article 76. Depositaries of treaties….Pages 1297-1307
Front Matter….Pages 1295-1295
Article 77. Functions of depositaries….Pages 1309-1324
Article 78. Notifications and communications….Pages 1325-1330
Article 79. Correction of errors in texts or in certified copies of treaties….Pages 1331-1337
Article 80. Registration and publication of treaties….Pages 1339-1344
Front Matter….Pages 1345-1345
Article 81. Signature….Pages 1347-1353
Article 82. Ratification….Pages 1355-1356
Article 83. Accession….Pages 1357-1358
Article 84. Entry into force….Pages 1359-1362
Article 85. Authentic texts….Pages 1363-1364
Back Matter….Pages 1365-1423

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