The Oxford Guide to Treaties / Edition 2

by Duncan B. Hollis

Overview

The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations.

This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.

Product Details

ISBN-13:	9780198848349
Publisher:	Oxford University Press
Publication date:	07/28/2020
Edition description:	2nd ed.
Pages:	896
Product dimensions:	9.80(w) x 7.10(h) x 2.20(d)

About the Author

Duncan B. Hollis is Laura H. Carnell Professor of Law at Temple University's Beasley School of Law, a non-resident fellow at the Carnegie Endowment for International Peace, and an elected member of the OAS Inter-American Juridical Committee and the American Law Institute. He is the editor (with Allen Weiner) of one of the leading U.S. textbooks, International Law (7th ed. 2018) and he co-edited and co-authored National Treaty Law & Practice (2005), which surveyed nineteen States' law and practice involving treaties. 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.

Table of Contents

Introduction, Duncan B. HollisPart I: Foundational Issues1. Defining Treaties, Duncan B. Hollis2. Current Theorizations about the Treaty in International Law, Jean d'Aspremont3. Alternatives to Treaty-Making-Informal Agreements, Timothy Meyer4. Compliance or Effectiveness? Assessing the Reach (and Limits) of Treaty-Making, Lisa L. MartinPart II: The Treaty-Makers5. Who Can Make Treaties? International Organizations, Olufemi Elias6. Who Can Make Treaties? The European Union, Marise Cremona7. Who Can Make Treaties? Other Subjects of International Law, Tom Grant8. NGOs in International Treatymaking, Kal RaustialaPart III: Treaty Formation9. Making the Treaty, Carlos Iván Fuentes and Santiago Villalpando10. Provisional Application of Treaties, Danae Azaria11. Managing the Process of Treaty Formation: Depositaries and Registration, Arancha Hinojal-Oyarbide12. Treaty Reservations, Edward T SwainePart IV: Treaty Application13. The Relationship(s) between Treaties and Territory, Syméon Karagiannis14. Treaty Amendments, Jutta Brunnée15. Domestic Application of Treaties, David Sloss16. State Succession in Respect of Treaty Relationships, Gerhard Hafner and Gregor Novak17. Treaty Bodies and Regimes, Geir Ulfstein18. Treaty Conflicts and Systemic Fragmentation, Christopher BorgenPart V: Treaty Interpretation19. The Vienna Convention Rules on Treaty Interpretation, Richard Gardiner20. The Interpretation of Treaties over Time, Eirik Bjorge and Robert Kolb21. Specialized Rules of Treaty Interpretation: Human Rights, Basak Çali22. Specialized Rules of Treaty Interpretation: International Organizations (IOs), Catherine BrölmannPart VI: Avoiding or Exiting Treaty Commitments23. The Validity and Invalidity of Treaties, Jan Klabbers24. Reacting Against Treaty Breaches, Bruno Simma and Christian J Tams25. Exceptional Circumstances and Treaty Commitments, Malgosia Fitzmaurice26. Terminating Treaties, Laurence R HelferPart VII: Treaty Clauses and InstrumentsInitial Decisions on Treaty-MakingConditions on Joining a TreatyConstituting the Treaty and its DisseminationApplying the TreatyAmendmentsThe End of Treaty Relations

Editorial Reviews

"The Oxford Guide to Treaties is an impressive work... It will beyond doubt constitute an essential point of reference for scholars, practitioners and students seeking expert guidance on issues relating to the law of treaties." - Maria Xiouri, PhD Candidate, Queen Mary, University of London

"This is a book packed with expertise. Structurally, each chapter has clear introductory and conclusory remarks, as well as a list of recommended reading at the end. Substantively, the chapters are not only rich in doctrinal detail but also packed with descriptions of and examples from practice." -Jean Galbraith, The American Journal of International Law

From the Publisher