'At a time when treaties are being increasingly recognised as the central component of modern international law, this book presents an excellent selection of those key topics in the law of treaties that are continuing to undergo development.' Richard Gardiner, Visiting Professor, Faculty of Laws, University College London

The law of treaties is in constant motion, understood not only as locomotion, but also as motion through time and as change. Thus, kinesis and stasis, two sides of the same concept of 'motion', are the central themes of Treaties in Motion. The concept of motion adopted in this book is based on the philosophy of Aristotle. He identified six types of motion: creation (genesis), increase (auxesis), diminution (meiosis), alteration (alloiosis), destruction (phthora), and change of place (kata topon metabole), which has been amended by the authors to change in space-time (kata topon kai chronon metavole) to reflect our modern scientific understanding of time as a dimension through which motion and change occurs. Each chapter's analysis proceeds by focusing on a specific area of a treaty's 'life-cycle', where each type of motion shines through and is described through three different frames of reference: treaties, the Vienna Convention of the Law of Treaties, and customary law.
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1. Introduction; 2. Treaty genesis: concept of a treaty in international law, including its formation and motion; 3. Consent to be bound: The force behind the motion of treaties; 4. Treaty interpretation and its rules: of motion through time, 'Time-Will' and 'Time-Bubbles'; 5. Amendment/Modification/Revision of treaties: motion as change; 6. Treaties and their phthora: Withdrawing from and terminating/suspending treaties; 7. Concluding remarks.
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'At a time when treaties are being increasingly recognised as the central component of modern international law, this book presents an excellent selection of those key topics in the law of treaties that are continuing to undergo development.' Richard Gardiner, Visiting Professor, Faculty of Laws, University College London
Les mer
The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.

Produktdetaljer

ISBN
9781108495882
Publisert
2020-06-25
Utgiver
Vendor
Cambridge University Press
Vekt
750 gr
Høyde
235 mm
Bredde
157 mm
Dybde
27 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
402

Biographical note

Malgosia Fitzmaurice is Professor of International Law at the School of Law, Queen Mary University of London and an associate member of the Institut de Droit International. She has delivered lectures at The Hague Academy of International Law, was involved in a multi stakeholder project funded by the EU Commission on environmental crime, is Editor in Chief of International Community Law Review journal (ICLR) and Queen Mary Studies in International Law, and has advised as expert on law of treaties. Panos Merkouris is Professor at the University of Groningen. In 2017 he was awarded the prestigious ERC Starting Grant for his 5-year project TRICI-Law (The Rules of Interpretation of Customary International Law). He has written extensively on law of treaties and on interpretation, has been cited in international reports and cases, and has advised as expert on these issues.