The concept of treaty in international law


Bibliographic Information

The concept of treaty in international law

Jan Klabbers

(Developments in international law, v. 22)

Martinus Nijhoff Pub., c2006

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Includes bibliographical references (p. [279]-301) and index

"This is an unrevised reprint of the edition previously published by Kluwer Law International"--T.p.verso

Description and Table of Contents


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.

Table of Contents

  • Introduction. I. Treaty-like Instruments
  • An Overview. II. The 1969 Vienna Convention's Definition. III. On Intent. IV. Several Varying Theses. V. On the Co-existence of Normative Orders. Excursion to Chapter V: The Soft Law Thesis. VI. The World Court. VII. Other Courts and Tribunals. Concluding Remarks. Epilogue: Some Remaining Questions. Appendix. Table of Cases. Bibliographical References. Index.

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  • NCID
  • ISBN
    • 9041102442
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  • Place of Publication
  • Pages/Volumes
    xv, 307 p.
  • Size
    25 cm
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