Fitzmaurice / Merkouris Treaties in Motion

The Evolution of Treaties from Formation to Termination
Erscheinungsjahr 2020
ISBN: 978-1-108-85286-9
Verlag: Cambridge University Press
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, Band 149

Reihe: Cambridge Studies in International and Comparative Law

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.

Autoren/Hrsg.

Fitzmaurice, Malgosia

Merkouris, Panos

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

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.

Über Autor(innen)

Fitzmaurice, Malgosia
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.

Merkouris, Panos
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.