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Published: 10 March 2023

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1

The European Community's participation in international treaties. [Princeton, N.J.]: Center of International Studies, Woodrow Wilson School of Public and International Affairs, Princeton University, 1985.

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Kapustin, Anatoliy, Vladislav Avhadeev, G. Aznagulova, Sayana Bal'haeva, Svetlana Gracheva, Nataliya Doronina, E. D'yachenko, et al. Modern concept of interpretation of international treaties. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1839409.

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The monograph examines the most important elements of the modern concept of interpretation of international treaties, examines the history of the formation of the concept of interpretation of international treaties in doctrine and international practice, suggests approaches to conceptualizing the nature of interpretation of treaties, taking into account the provisions of the Vienna Convention on the Law of Treaties of 1969. Along with scientific and theoretical aspects, practical aspects of the interpretation of an international treaty are disclosed. The features of the interpretation of an international treaty in the practice of international organizations, including international integration organizations, international judicial bodies (ECHR, international judicial bodies for maritime disputes, the International Criminal Court, the Court of the Eurasian Economic Union) are analyzed, individual doctrines of treaty interpretation (evolutionary interpretation, interpretation of contextual elements) are investigated. The peculiarities of the interpretation of international investment treaties are revealed, the problems of the interpretation of international treaties in the decisions of international commercial arbitration are identified, the place of the interpretation of treaties in the concept of comparative international law is investigated. The concept of interpretation of international treaties by national judicial bodies of states with the involvement of the practice of Russian courts is proposed. For researchers, teachers, students and postgraduates of law schools and faculties, as well as anyone interested in the problems of modern international law.

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3

Parliament, Canada Library of. International treaties: Canadian practice. Ottawa: Library of Parliament, 2000.

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Lukashuk, I. I. Sovremennoe pravo mezhdunarodnykh dogovorov. Moskva: Volters Kluver, 2004.

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5

Smit, Hans. International arbitration treaties. [Yonkers, N.Y.]: Juris Pub., 1998.

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6

Smit, Hans. International arbitration treaties. Edited by Pěchota Vratislav. 2nd ed. Huntington, NY: Juris Pub., 2005.

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7

J, Rengger N., ed. Treaties and alliances of the world. 5th ed. Harlow, Essex, U.K: Longman, 1990.

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8

García, Hernán Alejandro Olano. Control de constitucionalidad de los tratados internacionales en Colombia. Santafé de Bogotá, D.C: Ediciones Universidad de la Sabana, 1995.

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9

Djebbar, Abdelmadjid. La politique conventionnelle de l'Algerie. Alger: Office des Publications Universitaires, 2000.

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10

Europe, Council of, and British Institute of International and Comparative Law., eds. Treaty making: Expression of consent by states to be bound by a treaty. The Hague: Kluwer Law International, 2001.

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11

Butler, William Elliott. The Russian law of treaties. London: Simmonds & Hill, 1997.

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12

Alistair, Ulph, ed. Environmental policy, international agreements, and international trade. Oxford: Oxford University Press, 2001.

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13

Oppenheim, L. International law: A treatise. Clark, N.J: Lawbook Exchange, 2005.

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14

Organisation for Economic Co-operation and Development, ed. International double taxation. Alphen aan den Rijn: Kluwer Law International, 2011.

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15

Matthias, Pechstein, ed. Das Vertragsrecht internationaler Organisationen: Der Konventionsentwurf über Verträge zwischen Staaten und internationalen Organisationen oder zwischen internationalen Organisationen im Vergleich zur Wiener Vertragsrechtskonvention von 1969. Berlin: Duncker & Humblot, 1985.

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16

Guzman, Andrew T. The design of international agreements. Toronto, Ont: Law and Economics Programme, Faculty of Law, University of Toronto, 2003.

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17

Association, British-North American Research, British-North American Committee, National Planning Association, and C. D. Howe Institute, eds. On preserving shared values: A committee statement on the occasion of the 40th anniversary of the signing of the North Atlantic treaty. [London]: British-North American Committee, 1989.

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18

United States. Congress. House. Committee on Interior and Insular Affairs. Commemorating the 30th anniversary of the ratification of the Antarctic Treaty, and encouraging U.S. support of an international agreement to close the Antarctic to commercial mineral development for 99 years: Report together with dissenting views (to acompany H. Con. Res. 109) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1991.

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19

United States. Congress. House. Committee on Interior and Insular Affairs. Commemorating the 30th anniversary of the ratification of the Antarctic Treaty, and encouraging U.S. support of an international agreement to close the Antarctic to commercial mineral development for 99 years: Report together with dissenting views (to accompany H. Con. Res. 109) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1991.

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20

Shi jiu shi ji yi lai zhi zhan zheng ji he yue. Beijing: Beijing zhong xian tuo fang ke ji fa zhan you xian gong si, 2007.

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21

Pengsunbi. Shi jiu shi ji yi lai zhi zhan zheng ji he yue. [Beijing: Beijing zhong xian tuo fang ke ji fa zhan you xian gong si, 2012.

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22

Division, United Nations Codification. Guide for the draft articles on the law of treaties between states and international organizations or between international organizations. [New York?]: United Nations, 1985.

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23

Report on international treaty making and the role of the states. Melbourne: Government Printer, 1997.

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24

Regan, Donald H. Sources of International Trade Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0049.

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International trade law is overwhelmingly treaty-based. For practical purposes, the unique traditional ‘source’ of WTO law is the WTO treaty. But treaties require interpretation, and there are many controversial questions about what might be called the ‘sources for treaty interpretation’. What materials can be used to interpret a treaty, and how are they to be used? The standard source for answering these questions, especially in the WTO, is the Vienna Convention on the Law of Treaties (VCLT). This chapter discusses a fundamental, and largely overlooked, question about the structure of the VCLT—the rationale of the distinction between Articles 31 and 32 of the VCLT. The answer is central to understanding the individual provisions of these Articles.

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25

Jeswald W, Salacuse. 16 The Consequences of Treaty Violations. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0016.

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This chapter examines the consequences of treaty violations for states and the remedies available to an investment when a host state fails to provide the treatment it has promised. It first considers the fact that most investment treaties do not specifically state the consequences of a state’s breach of treaty provisions. However, on issues not specifically covered by treaty, all investment treaties authorize tribunals to apply customary international law in making decisions, including determining compensation for investments affected by the breach of treaty provisions. The chapter then discusses the application of customary international law on state responsibility and investment treaty remedies in general, citing the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Vienna Convention on the Law of Treaties in particular. Finally there is a discussion of valuation techniques used to determine the amount of damages.due to injured investors.

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26

Simma, Bruno. Sources of International Human Rights Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0041.

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This chapter investigates the structure of the rights and obligations running within human rights treaties as legal instruments designed for the realization of common humanitarian interests. It does so from a legal-positivist point of departure. The chapter first deconstructs the mantra of the so-called ‘objective’ human rights treaty obligations. It then analyses the legal position of the individuals whose rights are consecrated in human rights treaties and identifies these rights as genuine treaty entitlements. This is followed by a concise depiction of the specific legal consequences derived from the characteristics of the treaties, focusing on the hotly debated topic of reservations. The chapter concludes by comparing its views with those expressed in chapter 39 on the topic of sources of international human rights law.

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27

Redgwell, Catherine. Sources of International Environmental Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0044.

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This chapter considers the applicability to environmental problems of the traditional sources of international law, using as the starting point the formal sources enumerated in Article 38 of the International Court of Justice (ICJ) Statute. It notes that leading treatises on international environmental law (IEL) and the account of the formal sources of IEL will likely start along the traditional positivist lines of Article 38. This chapter adheres to this practice to an extent—by discussing treaties, customary international law, and general principles. However, the discussion also moves on to, amongst other things, innovative methods of law creation, the dynamic evolution of environmental treaty texts, and the specific role played by soft law in the development and application of international environmental norms. The chapter concludes that, nonetheless, as a branch of general international law, the sources of international environmental law are the same.

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28

William E, Butler. International Law in the Russian Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198842941.001.0001.

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This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

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29

Rodenhäuser, Tilman. Parties to Non-International Armed Conflicts under International Treaty Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0003.

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Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

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30

Duncan B, Hollis, ed. The Oxford Guide to Treaties. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198848349.001.0001.

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From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

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31

Jeswald W, Salacuse. 4 A History of International Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0004.

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Since the inception of international investment, foreign investors have sought assurances from the sovereigns in whose territory they invest that their interests will be protected from negative actions by the sovereign and local individuals. This chapter begins with a historical background of the treatification process, which came about due to the perceived weaknesses of customary international law applying to foreign investments. It then discusses the objectives of the movement to negotiate investment treaties; the primary and secondary objectives of investment treaties; long-term goals of investment treaties; the treaty negotiation process; and the consequences of investment treaties, including the growth in investor–state arbitration cases to settle investment disputes.

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32

Ursula, Kriebaum, Schreuer Christoph, and Dolzer Rudolf. Principles of International Investment Law. 3rd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192857804.001.0001.

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This book outlines the principles behind the international law of foreign investment, focussing on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book describes the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor v State arbitration. This third edition has been fully updated to reflect the evolution of treaty practice, jurisprudence, and doctrinal opinion, covering new treaties such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), United States–Mexico–Canada Agreement (USMCA), and the Comprehensive Economic and Trade Agreement (CETA). Each chapter is introduced by a bibliography of recent publications. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, the book offers an ideal introduction to the principles of international investment law and arbitration, for students and practitioners alike.

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33

Kolb, Robert, and Katherine Del Mar. Treaties for Armed Conflict. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0004.

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This chapter begins with a discussion of the importance of treaties in the law of armed conflict. Specifically, it presents seven reasons why the law of armed conflict is one of the branches of public international law that has been the most intensely codified through treaties. It then discusses treaties and international customary law; the main treaties on international humanitarian law (IHL); problems of ratification of IHL treaties; reservations to IHL treaties; legal relationships between IHL treaties; interpretation of IHL treaties; special agreements; denunciation of IHL treaties; and the legal effects of a breach of an IHL treaty.

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34

Millar, T. B. Current International Treaties. Taylor & Francis Group, 2015.

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35

Millar, T. B. Current International Treaties. Taylor & Francis Group, 2015.

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36

Millar, T. B. Current International Treaties. Taylor & Francis Group, 2015.

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37

Millar, T. B. Current International Treaties. Taylor & Francis Group, 2015.

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38

Millar, T. B. Current International Treaties. Taylor & Francis Group, 2015.

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39

Millar, T. B. Current International Treaties. Taylor & Francis Group, 2017.

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40

Millar, T. B. Current International Treaties. Routledge, 2015. http://dx.doi.org/10.4324/9781315670683.

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41

Dinar, Shlomi. International Water Treaties. Routledge, 2007. http://dx.doi.org/10.4324/9780203934456.

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42

International Water Treaties. Routledge, 2007.

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43

Smit, Hans. International Arbitration Treaties. 2nd ed. JurisNet, LLC, 2005.

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44

Roughan, Nicole. Sources and the Normativity of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0033.

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This chapter asks what role the sources of international law can play in establishing or generating the normativity of international law. While sources of law are typically treated as determinants of the validity of international legal norms, this chapter argues that the normativity of international law is not co-extensive with the idea of legal validity. The chapter first develops a series of jurisprudential arguments which treat the full normativity of law, including international law, as dependent upon both the procedural and substantive values of its norms. It then turns to international law specifically, arguing that the sources of international law can contribute towards international law’s full normativity only if they carry forward values that respect the autonomy and responsibility of those who are subject to the law. The chapter finally concludes with a discussion of the normativity-generating potential of first treaties and custom.

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45

Danae, Azaria. 5 Responses to Breaches under the Law of Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198717423.003.0005.

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Chapter 5 addresses unilateral treaty law responses available to treaty parties against breaches of transit obligations therein, and examines whether the exceptio non adimpleti contractus has a separate existence to the rule concerning responses to material breaches under the law of treaties. It illustrates that there may be special rules in treaties that displace treaty law responses under customary international law. The analysis distinguishes treaty law responses (and the exceptio non adimpleti contractus) from countermeasures. It demonstrates that even though unilateral responses under the law of treaties may be available to treaty parties other than the defaulting transit treaty party in response to a material breach of the treaty establishing transit of energy obligations (or non-performance may as a matter of treaty interpretation be allowed by virtue of the exceptio), these do not overlap and do not exclude countermeasures under the law of international responsibility.

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46

Jonathan, Bonnitcha, Skovgaard Poulsen Lauge N, and Waibel Michael. 1 The Investment Treaty Regime in Context. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198719540.003.0001.

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This chapter charts the rise of the global network of more than 3000 investment treaties and of investment treaty arbitration. Investors have used investment treaties to ask for compensation for a very wide range of government conduct. The chapter surveys the investment treaty regime and the investment regime complex. The regime consists of three main components: (i) investment treaties; (ii) the set of treaties, rules, and institutions governing investment treaty arbitration; and (iii) the decisions of arbitral tribunals applying and interpreting investment treaties. The growing role of investment treaty arbitration has made it highly controversial in both developed and developing countries, and has transformed the investment treaty regime from an obscure field of international law to a central part of the investment regime complex.

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47

Francesco, Salerno. Part III Observance and Application of Treaties, 14 Treaties Establishing Objective Regimes. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0014.

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The issue of treaties establishing objective regimes has been neglected by the Vienna Convention on the Law of Treaties. Building on the principle of relativity of treaties, the Convention only deals with the effects of specific treaty rules on third states. This chapter argues that third states never acquire the same status of states parties, even when they consent to the specific treaty rules that affect them. Analysing the significance of treaties establishing objective regimes under general international law, it clarifies that such treaties may affect third states even when they do not embody rules of customary law. Due to the relevance for the international legal order of the unique erga omnes regime created by the treaty, the situation regulated by it can no longer fall within the scope of the absolute ‘freedom’ previously accorded to third states.

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48

Mevorach, Irit. Modified Universalism as Customary International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782896.003.0003.

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This chapter considers how modified universalism may be elevated from a broad approach to a recognized, international legal source that can be invoked and applied in a more concrete and consistent manner across legal systems in circumstances of international insolvencies. It draws from sources of international law and, specifically, the concept of customary international law (CIL). CIL is a key legal source that fills gaps in international treaties, influences treaty regimes, and regulates in areas not covered by treaties or by other instruments or regarding countries that are not parties to a treaty or to another regime. CIL is also useful as a debiasing mechanism because its application does not require active action by all participants. The chapter suggests how modified universalism can transform into CIL. It also highlights the prominent international role of private international law and, thus, the role of actors and participants in international insolvencies as creators and guardians of international law.

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49

Buga, Irina. Modification of Treaties by Subsequent Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198787822.001.0001.

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Treaties must undergo transformation and modernization to reflect changing norms and developments in international law. But treaties can be notoriously difficult to amend by formal means. One crucial way in which treaty evolution takes place is through subsequent practice, a well-established tool for treaty interpretation. While its initial aim is to shed light on the parties’ original intention, over time, subsequent practice acquires a force of its own and may come to evidence their contemporary understanding of the treaty. Subsequent practice may even diverge so far from treaty provisions that it can no longer be said to constitute an act of treaty interpretation, but becomes, in effect, one of modification. Furthermore, such practice can give rise to new norms of customary international law, which, in turn, may impact pre-existing treaty provisions. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to humanitarian law and human rights. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining the point when the ‘switch’ from treaty interpretation to treaty modification occurs, however, is itself an act of interpretation. It poses difficulty to legal scholars and dispute settlement bodies alike, especially in light of the silence of the Vienna Convention on the Law of Treaties on this point, and impacts States’ expectations as to their treaty obligations. This book addresses this insufficiently explored issue of international significance.

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50

Koremenos, Barbara. Continent of International Law. Cambridge University Press, 2016.

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