Termination Of Treaties

Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.

This valuable text considers methods of terminating wars with and without treaties of peace, and also offers a study of the methods of negotiation, the drafting of treaties and the nature of treaties of peace. Reprint of the sole edition (1916). "It would obviously not be useful to attempt here anything like an inventory or abstract of the contents of a book which is not an argumentative treatise but a storehouse of precedents, and whose value depends on the details being ample and fully verified. Enough to say that it will be of the greatest use to diplomatists and publicists at that uncertain date which will be fixed, the sooner the better, by the definite victory of the Allies."- Law Quarterly Review 33 (1917) 100 Coleman Phillipson [1878-1945], a barrister of the Inner Temple, was the editor of Wheaton's Elements of International Law 5th edition (1915) and the author of numerous titles including International Law and the Great War (1915, reprinted by The Lawbook Exchange 2005) and The International Law and Custom of Ancient Greece and Rome (1911). CONTENTS PART I. Termination of War by Mere Withdrawal from Hostilities; or by Conquest and Subjugation I. Termination of War by Reciprocal Intermission of Hostilities II. Termination of War by Conquest and Subjugation III. Premature Annexation. Views as to Validity of Conquests IV. Main Effects of Conquest and Subjugation with Regard to State Succession Part II. Termination of War by Treaties of Peace. How They Come to be Made; Their Contents; and Their Effects I. Armistice Conventions II. Interposition of Third Powers III. Preliminaries of Peace IV. Constitution and Procedure of the Peace Conference. General Principles V. Peace Negotiations. Notable Examples from Previous Wars VI. The Treaty of Peace. General Principles Treaty-Making Power, Nature of Treaties of Peace, their Binding Force, Form and Parts. Language. Interpretation. VII. The Treaty of Peace. General Principles (continued). Date of Peace. Ratification. Means of Ensuring Performance VIII. The Treaty of Peace. Main Clauses and Effects IX. The Treaty of Peace. Main Clauses and Effects (continued) X. The Treaty of Peace. Main Clauses and Effects (continued) XI. Effect of Cession. State Succession: Nationality XII. Effect of Cession. State Succession: Treaties. Public Law and Administration XIII. Effect of Cession. State Succession: State Property. Public Debts. Concessions, Etc. Private Rights APPENDIX Texts of Peace Treaties Frequently Referred to in the Course of the Work INDEX of Subject-Matter INDEX of Treaties, Preliminaries of Peace, Conferences, and Congresses

Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.

This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Revised and updated, this handbook by the Treaty Section of the United Nations Office of Legal Affairs is intended as a contribution to UN efforts to assist States in becoming parties to the international treaty framework. It is written in simple language and, with the aid of diagrams and step-by-step instructions, touches upon many aspects of treaty law and practice. This handbook is designed for use by States, international organizations and other relevant entities. In particular, it is intended to provide some degree of assistance to States that may have scarce resources and limited technical proficiency in treaty law and practice to participate fully in the multilateral treaty framework.