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Provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind. Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just when they are the subject of a court case. He explores numerous precedents from treaties and other related documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language, the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern Treaty Law and Practice is essential reading for teachers and students of law, political science, international relations and diplomacy, who have an interest in treaties.
This volume comprises the texts of the main international treaties which formed the legal skeleton of international relations during the 1980s, with details of signatories and amendments and a commentary on the general and particular situations to which they apply. The treaties are grouped broadly by subject, and chronologically within each subject group which range from political, security and economic agreements to those dealing with human rights. .
This book explores ratification processes in democratic systems as the crucial legislative phase of international treaty cooperation. It sheds light on the actors and conditions that shape the post-commitment politics phase, with special attention to the role of norms and executive strategies for ratification. The study compares eighteen original case studies of treaty ratification successes, failures, and near-failures across five different democracies. Treatiesexamined include the Kyoto Protocol, North American Free Trade Agreement, the European Constitution, the Australia-United States Free Trade Agreement, the Comprehensive Nuclear Test-Ban Treaty, and theMaastricht Treaty on European Union.
This insightful book offers a comprehensive account of the conceptual challenges facing state consent in the framework of treaty making. It highlights the relevant discursive patterns and pinpoints the increasing antagonism between treaty bodies and state parties over the ownership of treaty evolution, with the author warning of the repercussions of treaty institutionalization.Showcasing the broad and encompassing nature of treaties, the author highlights the surrounding conflicts through chapters on the theory and concept of treaty and case studies on the flexibility of consent to be bound means, treaty withdrawal, the automatic succession doctrine and the law of reservations. The last part of the book explores how the invocation of the collective interest ideal, the institutionalization of treaties and the recurrence of formalism can endanger the legitimacy and effectiveness of treaty regimes.This book offers an original perspective on the role of state consent in the law of treaties and will be of great interest to academics, researchers and practitioners of international law seeking further knowledge about this complex topic.
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