The Concept of Treaty in International LawWhether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, "ex" "hypothesi," treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals. The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements. |
Contents
INTRODUCTION | 1 |
Treatylike instruments an Overview | 15 |
The 1969 Vienna Conventions Definition | 37 |
On Intent | 65 |
Several Varying Theses | 97 |
On the Coexistence of Normative Orders | 121 |
The Soft Law Thesis | 157 |
The World Court | 165 |
Other Courts and Tribunals | 219 |
CONCLUDING REMARKS | 245 |
A Questionnaire among Dutch Agencies | 261 |
| 279 | |
| 303 | |
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Common terms and phrases
1969 Vienna Convention accepted administrative agreements advisory opinion agencies agree agreements concluded apply argument Atlantic Charter Bahrain bound Brierly BYIL chapter claim commitments concept of treaty concerning constitutional customary international law decision declaration dissenting documents domestic draft Dutch estoppel European exchange of notes existence formal gentlemen's agreements governed by international H.L.A. Hart Helsinki Final Act Ibid ICJ Rep intent international agreements International Law Commission international legal international organizations interpretation Judge judicial jurisdiction jus cogens law of treaties League of Nations legal effects legally binding agreements Mandate ments morally binding agreements negotiations Nicaragua non-binding non-legally binding agreements normative orders o.c. note Official Records pacta sunt servanda parties Paul Reuter PCIJ politically binding agreements politically or morally practice presumption Protocol provisions Qatar question reasons reference rights and obligations rules Shabtai Rosenne simply soft law instruments soft law thesis statements tribunals unilateral United Nations