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The Oxford Guide to Treaties
編者 Duncan B. Hollis
出版社 Oxford
ISBN 9780198712961
分類 Social Science > Law > Legal Profession Skills & Practice
價格 HK$520.00
 
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* Comprehensive coverage of treaty law and practice providing a single reference point for students, academics, and practitioners
* Expert contributions drawn from academia, governments, and international organizations to provide a wide range of perspectives
* Accompanied by an appendix of sample treaty clauses and instruments, drawn from real world examples

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations.

The Oxford Guide to Treaties provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Leading experts provide essays designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These scholarly treatments are complimented by a set of model treaty clauses. Real examples illustrate the approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The Oxford Guide to Treaties thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

Readership: Practitioners, students, and scholars of international relations law, government and NGO legal advisors, officials in international organizations, and diplomats


About the Editor:

Duncan B. Hollis is Professor of Law and Associate Dean for Academic Affairs at Temple University's Beasley School of Law. Professor Hollis's scholarship focuses on treaties and other forms of international agreement, examining the formation, interpretation, and application of treaties and political commitments in international, comparative and constitutional contexts. He co-edited and co-authored National Treaty Law & Practice (2005) and his writings have appeared in journals such as the American Journal of International Law, Harvard International Law Journal, Texas Law Review, and the Virginia Journal of International Law. Prior to joining the Temple faculty, Professor Hollis served from 1998 to 2004 in the Office of the Legal Adviser at the U.S. Department of State. During his tenure at the State Department, he worked for several years as the attorney-adviser for treaty affairs, addressing legal and constitutional issues associated with U.S. treaties.


Duncan Hollis: Introduction

Part I. Foundational Issues

1: Duncan B. Hollis: Defining Treaties

2: Anthony Aust: Alternatives to Treaty-Making: MOUs as Political Commitments

3: Olufumi Elias: Who Can Make Treaties? International Organizations

4: Marise Cremona: Who Can Make Treaties? The European Union

5: Thomas Grant: Who Can Make Treaties? Other Subjects of International Law

6: Kal Raustiala: NGOs in International Treaty-Making

Part II: Treaty Formation

7: George Korontzis: Making the Treaty

8: Curtis A Bradley: Treaty Signature

9: Robert E Dalton: Provisional Application of Treaties

10: Arancha Hinojal-Oyarbide and Annebeth Rosenboom: Managing the Process of Treaty Formation-Depositaries and Registration

11: Edward T Swaine: Treaty Reservations

Part III: Treaty Application

12: Symeon Karagiannis: The Territorial Application of Treaties

13: David J Bederman: Third Party Rights and Obligations in Treaties

14: Jutta Brunnee: Treaty Amendments

15: David Sloss: Domestic Application of Treaties

16: Gerhard Hafner and Gregor Novak: State Succession in Respect of Treaties

17: Geir Ulfstein: Treaty Bodies and Regimes

18: Christopher J Borgen: Treaty Conflicts and Normative Fragmentation

Part IV: Treaty Interpretation

19: Richard Gardiner: The Vienna Convention Rules on Treaty Interpretation

20: Catherine Brolmann: Specialized Rules of Treaty Interpretation: International Organizations

21: Basak Cali: Specialized Rules of Treaty Interpretation: Human Rights

Part V: Avoiding or Exiting Treaty Commitments

22: Jan Klabbers: The Validity and Invalidity of Treaties

23: Bruno Simma and Christian Tams: Reacting against Treaty Breaches

24: Malgosia Fitzmaurice: Exceptional Circumstances and Treaty Commitments

25: Larry Helfer: Terminating Treaties

Part VI: Treaty Clauses and Instruments

Initial Decisions on Treaty-Making

Conditions on Joining a Treaty

Constituting the Treaty and its Dissemination

Applying the Treaty

Amendments

The End of Treaty Relations


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