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.
The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.
The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the contemporary international legal order. They aim at regulating what has become the main source of public international law and a crucial tool in inter-state relations. The Vienna Conventions codify to a significant extent the customary rules that pre-existed in the field, but also put forward innovative concepts, such as jus cogens. In spite of their importance, these two instruments had so far not been the object of a detailed commentary. These volumes fill that gap, by providing both international and national lawyers with an in-depth analysis of each provision of both Conventions. The structure of each commentary is essentially uniform, with the first part dedicated to the exposition of that provision's object and purpose and to the assessment of its customary status. The second part of each commentary deals with the main issues of interpretation raised by the provision in question. Extensive reference is made to the travaux preparatoires of both Conventions, including the work of the UN International Law Commission and the proceedings of the 1969 and 1986 diplomatic conferences, and to practice both prior to and following the adoption of the Conventions. The 90 + authors who contributed to the book come from twenty different countries and include some of the most respected experts in international law.
The Vienna Convention on the Law of Treaties (VCLT) – as the ‘treaty on treaties’ – has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This book presents the first consolidated analysis of how the VCLT has informed the practice of international investment law and the resolution of investor-State disputes, and the role that the VCLT may play in shaping the future of this field. The diverse contributors to this book are scholars and practitioners from around the world, who offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). Each chapter demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive – or even offer – for the interpretation and application of the VCLT rules in other settings. Their insights and analyses consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book’s appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards. By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support its ongoing development and the resolution of the next generation of investor-State disputes. This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT’s relevance to and impact on investment law and investor-State arbitration and its role in shaping where this field of public international law might be headed in the decades to come.
In this article, the author examines whether or not article 31(3)(c) of the Vienna Convention of the Law of Treaties (1969) may justify recourse to the OECD Commentary to the OECD Model Tax Convention when interpreting tax treaties. It is concluded that, when considering the context of article 31(3)(c) of the Vienna Convention (1969), which particularly involves the ILC's Fragmentation Report, the Oil Platforms case and the case law of the ECtHR, it seems plausible to give an interpretative argument on the basis of article 31(3)(c) in order to justify recourse to the non-binding normative environment of a treaty.
On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.
The principal purpose of this study is to analyse and discuss the rules and principles of international law relevant to the interpretation of treaties in general, and their application to tax treaties in particular. The rules of international law enshrined in Articles 31, 32 and 33 of the Vienna Convention on the Law of Treaties are discussed in detail. Where appropriate, reference is made to the jurisprudence of the International Court of Justice, and to the law and procedure of other international courts and tribunals. Since tax treaties are not only a source of legal rights and obligations for the contracting States, but can also be invoked by the taxpayers of those States, this book considers the extent to which the relevant rules and principles of international law are binding on domestic courts and taxpayers. The effect of international law in a State's national legal order is largely dependent on its relevant rules of constitutional law, which vary from country to country. In order to address this issue, the book draws upon the example of the Netherlands and provides a number of leading cases decided by the Dutch Supreme Court (Hoge Raad).