Concept of a Treaty in Decisions of International Courts and Tribunals

in International Community Law Review
Author: Malgosia Fitzmaurice 1
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  • 0 Queen Mary, University of London
Online Publication Date:
17 Apr 2018
Volume/Issue:
Volume 20: Issue 2
Article Type:
Research Article
DOI:
https://doi.org/10.1163/18719732-12341371
Keywords:
VCLT definition of treaty; international courts and tribunals; bindingness; arbitration; International Court of Justice; International Tribunal for Law of the Sea
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Abstract

This article investigates and analyses the work of the International Law Commission concerning what constitutes a treaty in international law, and the role of international courts and tribunals in developing the definition of treaty as enshrined in the 1969 Vienna Convention on the Law of Treaties (‘the VCLT’). The definition of the treaty in the VCLT is the starting point of the discussion. The article argues that there is a whole host of new elements which appear in the practice of international courts and tribunals (including the International Court of Justice) that supplement the classical definition in the VCLT. However, judicial practice in international courts and tribunals is rather diverse which inhibits the formulation of a uniform and consistent general rule in respect of the definition of the treaty outside that of the VCLT.

Concept of a Treaty in Decisions of International Courts and Tribunals

in International Community Law Review
E-ISSN:
1871-9732
Print ISSN:
1871-9740
Publisher:
Brill | Nijhoff
Cover International Community Law Review

Sections

Index Card

Page Count:
137–168
Subjects:
Public International Law, International Law
Copyright:
Copyright 2018 by Koninklijke Brill NV, Leiden, The Netherlands 2018

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