《INTRODUCTION TO THE LAW OF TREATIES》

Chapter 1 Treaties1

Ⅰ Historical perspective1

1 Underlying causes1

2 Contemporary developments3

A From 1815 until World War I3

B Between the two World Wars7

C After 19459

Ⅱ Fundamental legal aspects12

1 The domestic and the international legal order12

A Doctrinal considerations13

B Conclusion of treaties14

C Application of treaties15

2 The treaty as a juristic act and as a rule18

3 Contractual treaties and law-making treaties20

4 Treaties and general principles of international law21

Ⅲ Definition and classification of international treaties22

1 Definition22

A An expression of concurring wills23

B Concurring wills attributable to two or more subjects of law24

C Two or more subjects of public international law25

D An intention to produce legal effects26

E Legal effects under public international law26

2 Classification of treaties27

Ⅳ Work on international treaties29

1 Codification29

2 Research30

A Object and nature of current research30

B Research pointers31

Notes32

Chapter 2 Conclusion， entry into force and participation43

Ⅰ General considerations43

1 The concept of conclusion43

2 A complex process44

A The object of the treaty44

B The nature of the parties44

C The number of parties44

3 Phases and procedural techniques44

4 International law and municipal law： problems of terminology and substance45

Ⅱ A review of treaty-making procedures47

1 Description47

A Bilateral treaties concluded by long procedures47

B Bilateral treaties concluded by short procedures48

C Bilateral treaties concluded by exchange of letters48

D Multilateral treaties concluded by long or short procedures48

2 Entry into force51

A Manner and date51

B Effects52

3 Ancillary procedures53

A Appointment of a depositary53

B Notifications and communications54

C Registration and publication55

Ⅲ Participation55

1 General capacity to conclude treaties56

A States56

B Other entities59

2 Reservations60

A General background60

B The 1969 Convention， subsequent practice， and the 1986 Convention62

Notes65

Chapter 3 The effects of treaties73

Ⅰ Effects with regard to the parties73

1 Interpretation73

2 Application76

A Territorial application76

B Temporal application77

Ⅱ Effects with regard to non-parties78

1 Effects stemming from the consent of third parties79

2 Effects depending upon specific mechanisms82

A Reference to another treaty （most-favoured-nation clause）82

B The treaty as an unlawful act with regard to third parties83

C The treaty as a precedent for custom83

D Treaties concerning a new legal subject84

E Treaties relating to composite entities（international organizations）88

F ‘Status treaties’， ‘objective regimes’， ‘rights in rem’93

Ⅲ Effects in relation to other legal rules99

1 Relations between a treaty and other treaties100

A Order of precedence between treaties relating to the same subject-matter101

B Amendments to treaties103

C Termination and suspension of treaties106

2 Relations between treaties and other sources of law107

A Treaties and custom107

B Treaties and general principles of law109

C Peremptory rules of public international law （jus cogens）109

D Treaties and obligations deriving from membership of an international organization113

Notes114

Chapter 4 Non-application of treaties127

Ⅰ General observations127

1 Causes of non-application127

2 Effects of non-application128

A Effects of non-application in relation to time128

B Effects of non-application with regard to treaty provisions130

C Is non-application automatic or not？132

Ⅱ Grounds of invalidity134

1 Consent invalid under municipal law136

2 Error136

3 Fraud137

4 Corruption of the representative of a State or international organization138

5 Coercion of the representative of a State or international organization139

6 Coercion of a State or international organization by the threat or use of force140

A The nature of unlawful coercion140

B Application of the rule in time142

C Effects of the rule142

7 Breach of a peremptory rule143

Ⅲ Non-application of a treaty for extraneous reasons144

1 Impossibility of performance144

2 Fundamental change of circumstance146

ⅣThe law of treaties and international responsibility150

Notes156

Appendix Ⅰ Vienna Convention on the Law of Treaties （23 May 1969）164

Appendix Ⅱ Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations （21 March 1986）193

Index231