
Contents
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1 The 1969 Vienna Convention on Treaties 1 The 1969 Vienna Convention on Treaties
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2 The 1979 Vienna Convention on the Succession of States in Respect of Treaties 2 The 1979 Vienna Convention on the Succession of States in Respect of Treaties
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3 1986 Vienna Convention on Treaties between States and International Organizations or between International Organizations 3 1986 Vienna Convention on Treaties between States and International Organizations or between International Organizations
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4 Filling the Gaps 4 Filling the Gaps
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4.1 Guide to Practice on Reservations to Treaties 4.1 Guide to Practice on Reservations to Treaties
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4.2 Draft Articles on the Effects of Armed Conflicts on Treaties 4.2 Draft Articles on the Effects of Armed Conflicts on Treaties
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4.3 Subsequent Agreements and Subsequent Practice in Relation to Interpretation of Treaties 4.3 Subsequent Agreements and Subsequent Practice in Relation to Interpretation of Treaties
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5 Conclusion 5 Conclusion
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24A Law of Treaties
Get accessMalgosia Fitzmaurice is Professor of Public International Law at Queen Mary, University of London and specializes in international environmental law, the law of treaties, indigenous peoples, and Arctic law, and has published widely on these subjects. She is particularly interested in jurisdictional issues with respect to international environmental law. Her latest publications include the IMLI Manual on International Maritime Law, I: The Law of the Sea (Oxford University Press, 2014; co-edited with David Attard and Norman Martinez); ‘Uniformity versus Specialisation (1): The Quest for a Uniform Law of Inter-State Treaties’, in Christian Tams, Antonios Tzanakopoulos, and Andreas Zimmermann (eds.), Research Handbook on the Law of Treaties (Edward Elgar, 2014; co-authored with Panos Merkouris); and the Research Handbook on International Environmental Law (Edward Elgar, 2012; co-edited with David Ong and Panos Merkouris).
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Published:02 July 2019
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Abstract
This chapter deals with the codification efforts of the International Law Commission (ILC). It analyzes three law of treaties Conventions that were drafted by the ILC. First, it analyzes the most successful of all the Conventions, the 1969 Vienna Convention on the Law of Treaties. It mostly has codified existing norms of customary international law but also introduced, inter alia, a revolutionary regime of reservations to treaties and dealt with a controversial (at the time) notion of the norms of jus cogens. This Convention has acquired an iconic status in international law and has become the most significant tool regulating the relations between states. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations has never entered into force. It has not proven as successful as its predecessor due to certain unresolved questions relating generally to the functions of international organizations. The 1978 Vienna Convention on Succession of States in respect of Treaties has entered into force; however, due to complexities of state succession in general, it has not played a prominent role, regulating mostly succession in respect of treaties of newly independent, post-colonial states. Finally, the chapter also analyzes Draft Articles adopted by the ILC in 2011 on Effects of Armed Conflicts on Treaties. The form to be given to the Articles is under consideration and governments are invited to comment on any future action regarding them. The list of categories of treaties in the annex suggests that due to its subject matter they will continue to operate, in whole or in part, in the event of armed conflict.
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