The Concept of Treaty in International Law

The Concept of Treaty in International Law
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 332
Release :
ISBN-10 : 9041102442
ISBN-13 : 9789041102447
Rating : 4/5 (447 Downloads)

Book Synopsis The Concept of Treaty in International Law by : Jan Klabbers

Download or read book The Concept of Treaty in International Law written by Jan Klabbers and published by Martinus Nijhoff Publishers. This book was released on 1996-04-03 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether 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.

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