Issues Of Customary International Law

In: Commentary on the 1969 Vienna Convention on the Law of Treaties
Author:
M.E. Villiger
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Type:
Chapter
Pages:
1–27
DOI:
https://doi.org/10.1163/ej.9789004168046.i-1058.9

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Abstract

This chapter complements the commentaries on various convention provisions and employs the notion of &t;declaratory&t; rather than &t;codificatory&t; rules. Provisions on customary law in the convention and in international law commission (ILC) drafts. A number of convention provisions refer directly or indirectly to, or have 49 implications for, customary law: the seventh preamble paragraph refers to &t;codification and progressive development achieved in the present convention&t; (N. 20; see Preamble, N. 14-15); and the eighth preamble paragraph &t;[affirms] that the rules of customary international law will continue to govern questions not regulated by the provisions of the present convention&t;. These provisions, concerning customary law rather than the law of treaties, are actually silent on the prerequisites for the formation and continuing validity of customary law.

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Cover Commentary on the 1969 Vienna Convention on the Law of Treaties
E-Book ISBN:
9789004180796
Publisher:
Brill | Nijhoff
Print Publication Date:
01 Jan 2009
Preliminary Material
History Of The Convention
Preamble
Article 1: Scope Of The Present Convention
Article 2: Use Of Terms
Article 3: International Agreements Not Within The Scope Of The Present Convention
Article 4: Non-Retroactivity Of The Convention
Article 5: Treaties Constituting International Organisations And Treaties Adopted Within International Organisations
Article 6: Capacity Of States To Conclude Treaties
Article 7: Full Powers
Article 8: Subsequent Confirmation Of An Act Performed Without Authorisation
Article 9: Adoption Of The Text
Article 10: Authentication Of The Text
Article
Article 12: Consent To Be Bound - A Treaty Expressed Signature
Article 13: Consent To Be Bound By A Treaty Expressed By An Exchange Of Instruments Constituting A Treaty
Article 14: Consent To Be Bound By A Treaty Expressed By Ratification, Acceptance Or Approval
Article 15: Consent To Be Bound - A Treaty Expressed Accession
Article 15: Declaration On Universal Participation In The Vienna Convention On The Law Of Treaties
Article 16: Exchange Or Deposit Of Instruments Of Ratification, Acceptance, Approval Or Acceptanc
Article 17: Consent To Be Bound - Part Of A Treaty Choice Of Differing Provisions
Article 18: Obligation Not To Defeat The Object And Purpose Of A Treaty Prior To Its Entry Into Force
Article 19: Formulation Of Reservations
Article 20: Acceptance Of And Objections To Reservations
Article 21: Legal Effects Of Reservations And Of Objections To Reservations
Article 22: Withdrawal Of Reservations And Of Objections To Reservations
Article 23: Procedure Regarding Reservations
Article 19-23: Subsequent Developments
Article 24: Entry Into Force
Article 25: Provisional Application
Article 26: Pacta Sunt Servanda
Article 27: Internal Law And Observance Of Treaties
Article 28: Non-Retroactivity Of Treaties
Article 29: Territorial Scope Of Treaties
Article 30: Application Of Successive Treaties Relating To The Same Subject-Matter
Article 31: General Rule Of Interpretation
Article 32: Supplementary Means Of Interpretation
Article 33: Interpretation Of Treaties Authenticated In Two Or More Languages
Article 34: General Rule Regarding Third States
Article 35: Treaties Providing For Obligations For Third States
Article 36: Treaties Providing For Rights For Third States
Article 37: Revocation Or Modification Of Obligations Or Rights Of Third States
Article 38: Rules In A Treaty Becoming Binding On Third States Through International Custom
Article 39: General Rule Regarding The Amendment Of Treaties
Article 40: Amendment Of Multilateral Treaties
Article 41: Agreements To Modify Multilateral Treaties Between Certain Of The Parties Only
Article 42: Validity And Continuance In Force Of Treaties
Article 43: Obligations Imposed By International Law Independently Of A Treaty
Article 44: Separability Of Treaty Provisions
Article 45: Loss Of A Right To Invoke A Ground For Invalidating, Terminating, Withdrawing Fromor Suspending The Operation Of A Treaty
Article 46: Provisions Of Internal Law Regarding Competence To Conclude Treaties
Article 47: Specific Restrictions On Authority To Express The Consent Of A State
Article 48: Error
Article 49: Fraud
Article 50: Corruption Of A Representative Of A State
Article 51: Coercion Of A Representative Of A State
Article 52: Coercion Of A State By The Threat Or Use Of Force
Article 52: Declaration On The Prohibition Of Military, Political Or Economic Coercion In The Conclusion Of Treaties
Article 52: Resolution Relating To The Declaration On The Prohibition Of Military, Political Or Economic Coercion In The Conclusion Of Treaties
Article 53: Treaties Conflicting With A Peremptory Norm Of General International Law (Juscogens)
Article 54: Termination Of Or Withdrawal From A Treaty Under Its Provisions Or By Consent Of The Parties
Article 55: Reduction Of The Parties To A Multilateral Treaty Below The Number Necessary For Its Entry Into Force
Article 56: Denunciation Of Or Withdrawal From A Treaty Containing No Provision Regarding Termination, Denunciation Or Withdrawal
Article 57: Suspension Of The Operation Of A Treaty Under Its Provisions Or By Consent Of The Parties
Article 58: Suspension Of The Operation Of A Multilateral Treaty By Agreement Between Certain Of The Parties Only
Article 59: Termination Or Suspension Of The Operation Of A Treaty Implied By Conclusion Of A Later Treaty
Article 60: Termination Or Suspension Of The Operation Of A Treaty As A Consequence Of Its Breach
Article 61: Supervening Impossibility Of Performance
Article 62: Fundamental Change Of Circumstances
Article 63: Severance Of Diplomatic Or Consular Relations
Article 64: Emergence Of A New Peremptory Norm Of General International Law (Jus Cogens)
Article 65: Procedure To Be Followed With Respect To Invalidity, Termination, Withdrawal From Or Suspension Of The Operation Of A Treaty
Article 66: Procedures For Judicial Settlement, Arbitration And Conciliation
Article 67: Instruments For Declaring Invalid, Terminating, Withdrawing From Or Suspending The Operation Of A Treaty
Article 68: Revocation Of Notifications And Instruments Provided For In Articles 65 And 67
Article 69: Consequences Of The Invalidity Of A Treaty
Article 70: Consequences Of The Termination Of A Treaty
Article 71: Consequences Of The Invalidity Of A Treaty Which Conflicts With A Peremptory Norm Of General International Law
Article 72: Consequences Of The Suspension Of The Operation Of A Treaty
Article 73: Cases Of State Succession, State Responsibility And Outbreak Of Hostilities
Article 74: Diplomatic And Consular Relations And The Conclusion Of Treaties
Article 75: Case Of An Aggressor State
Article 76: Depositaries Of Treaties
Article 77: Functions Of Depositaries
Article 78: Notifications And Communications
Article 79: Correction Of Errors In Texts Or In Certified Copies Of Treaties
Article 80: Registration And Publication Of Treaties
Article 81: Signature
Article 82: Ratification
Article 83: Accession
Article 84: Entry Into Force
Article 85: Authentic Texts
Final Act Of The United Nations Conference On The Law Of Treaties
Status Of The Convention
Reservations And Declarations To The Convention And Objections Thereto
Bibliography
Table Of Cases
Submissions - States
Index

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