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The Duty to Safeguard the Object and Purpose of Pending Treaties
A Closer Examination of Article 18 VCLT
Series: - Queen Mary Studies in International Law, Volume: 51
Author:
Article 18 of the Vienna Convention on the Law of Treaties (VCLT) plays an indispensable role in promoting stable relations amongst States by obliging them to refrain from acts which would defeat the object and purpose of pending treaties. However, for more than 50 years since its adoption, Article 18 has lingered in a state of legal uncertainty. This book offers a complete guide to the precise scope and content of Article 18 VCLT by analysing its particular elements. Of relevance to scholars, practitioners, and postgraduate students of international law, it applies Article 18 VCLT to contemporary events in international law. It showcases the vitality and direct relevance of the provision in today’s international legal order, while offering concrete arguments for its effective application.
Agnes Viktoria Rydberg, Ph.D, LL.M., is Lecturer of International Law at the University of Sheffield. She has authored several publications on the law of treaties, including
'Temporal Application of Treaties in International Arbitration’ in
The Vienna Convention on the Law of Treaties in International Arbitration: History, Evolution, and Future (Kluwer 2022).
Preface
List of Abbreviations
Table of Treaties
Table of Legislation
Table of Cases
1 Introduction
1 Background
2 Note on Methodology
2 International Law Commission and the Travaux Préparatoires: The Rationale behind the Adoption of Article 18
vclt
1 Introduction
2 Private Law Analogies of Article 18
vclt
2.1 The Interim Obligation and Culpa in Contrahendo
2.2 Article 18
vclt
and la Theorie de L’Abus des Droits
2.3 Article 18 and Obligations to Be Subsequently Performed
2.4 Anticipatory Breach
3 The Drafting History of the Interim Obligation
3.1 The Interim Obligation Prior to the Vienna Convention on the Law of Treaties
3.1.1 Havana Convention on Treaties
3.1.2 Harvard Draft Convention on the Law of Treaties
3.2 The Drafting of the Provision by the International Law Commission
3.2.1 Special Rapporteur J.L. Brierly
3.2.2 Special Rapporteur Sir Hersch Lauterpacht
3.2.3 Special Rapporteur Sir Gerald Fitzmaurice
3.2.4 Special Rapporteur Sir Humphrey Waldock
3.2.5 The Vienna Diplomatic Conference on the Law of Treaties
4 Customary Status of Article 18
vclt
5 Concluding Remarks
3 Object and Purpose of a Treaty in Relation to Article 18
vclt
1 Introduction
2 Meaning of ‘Object and Purpose’ of a Treaty
3 Application of Article 18
vclt
to the Object and Purpose of a Treaty
3.1 Article 18 as Defining a Variety of Interim Obligations
3.2 Article 18 as Applying to the Object and Purpose of Individual Provisions
4 Concluding Remarks
4 The Threshold of ‘Defeating’ the Object and Purpose of a Pending Treaty
1 Introduction
2 Meaning of ‘Defeat’
2.1 Obligation of Ratification?
2.2 Examples from Drafting History and Case-Law of Conduct Defeating the Object and Purpose of a Treaty
2.3 ‘Tests’ to Determine the Existence of a Violation
2.4 Approaches of International and EU Courts and Tribunals
2.5 Article 18
vclt
in Relation to Contemporary Examples
3 Duty of Care in Relation to Article 18
4 Extent of Obligations: Article 18(a) vis-a-vis Article 18(b)
vclt
5 Concluding Remarks
5 Temporal Aspects of Article 18
vclt
1 Introduction
2 Article 18(a)
vclt
3 Article 18(b)
vclt
4 ‘Unratification’
5 Concluding Remarks
6 Legal Nature of Article 18
vclt
and the Role of Good Faith
1 Introduction
2 Good Faith in International Law
3 Good Faith and Article 18
vclt
3.1 Referrals to Good Faith in the Travaux Préparatoires
3.2 Good Faith in the Application of Article 18
vclt
3.3 Good Faith in the Interpretation of Article 18
vclt
4 Abuse of Rights and Article 18
vclt
4.1 Abuse of Rights in International Law
4.2 Abuse of Rights and Article 18
vclt
5 Estoppel and Article 18
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5.1 Estoppel in International Law
5.2 Estoppel and Article 18
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6 Binding Nature of Article 18
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7 Consequences of Breach of Article 18
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8 Concluding Remarks
7 Article 18
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and Typologies of Treaties
1 Introduction
2 Typology of Treaties
2.1 General Typologies of Treaties
2.2 Recognition of Treaty Typologies in the
vclt
3 Article 18
vclt
and Treaty Typologies
3.1 Discussions in the Travaux Préparatoires
3.2 Application of Article 18
vclt
to Law-Making Treaties
4 Article 18
vclt
and
Locus Standi
5 Concluding Remarks
8 Article 18
vclt
in Light of Contentious and Emerging Issues
1 Introduction
2 ‘Reversal’ of Article 18
vclt
3 Institutional Aspect of Article 18
vclt
4 Concluding Remarks
9 Conclusion
Appendix
Bibliography
Index
List of Abbreviations
Table of Treaties
Table of Legislation
Table of Cases
1 Introduction
1 Background
2 Note on Methodology
2 International Law Commission and the Travaux Préparatoires: The Rationale behind the Adoption of Article 18
1 Introduction
2 Private Law Analogies of Article 18
2.1 The Interim Obligation and Culpa in Contrahendo
2.2 Article 18
2.3 Article 18 and Obligations to Be Subsequently Performed
2.4 Anticipatory Breach
3 The Drafting History of the Interim Obligation
3.1 The Interim Obligation Prior to the Vienna Convention on the Law of Treaties
3.1.1 Havana Convention on Treaties
3.1.2 Harvard Draft Convention on the Law of Treaties
3.2 The Drafting of the Provision by the International Law Commission
3.2.1 Special Rapporteur J.L. Brierly
3.2.2 Special Rapporteur Sir Hersch Lauterpacht
3.2.3 Special Rapporteur Sir Gerald Fitzmaurice
3.2.4 Special Rapporteur Sir Humphrey Waldock
3.2.5 The Vienna Diplomatic Conference on the Law of Treaties
4 Customary Status of Article 18
5 Concluding Remarks
3 Object and Purpose of a Treaty in Relation to Article 18
1 Introduction
2 Meaning of ‘Object and Purpose’ of a Treaty
3 Application of Article 18
3.1 Article 18 as Defining a Variety of Interim Obligations
3.2 Article 18 as Applying to the Object and Purpose of Individual Provisions
4 Concluding Remarks
4 The Threshold of ‘Defeating’ the Object and Purpose of a Pending Treaty
1 Introduction
2 Meaning of ‘Defeat’
2.1 Obligation of Ratification?
2.2 Examples from Drafting History and Case-Law of Conduct Defeating the Object and Purpose of a Treaty
2.3 ‘Tests’ to Determine the Existence of a Violation
2.4 Approaches of International and EU Courts and Tribunals
2.5 Article 18
3 Duty of Care in Relation to Article 18
4 Extent of Obligations: Article 18(a) vis-a-vis Article 18(b)
5 Concluding Remarks
5 Temporal Aspects of Article 18
1 Introduction
2 Article 18(a)
3 Article 18(b)
4 ‘Unratification’
5 Concluding Remarks
6 Legal Nature of Article 18
1 Introduction
2 Good Faith in International Law
3 Good Faith and Article 18
3.1 Referrals to Good Faith in the Travaux Préparatoires
3.2 Good Faith in the Application of Article 18
3.3 Good Faith in the Interpretation of Article 18
4 Abuse of Rights and Article 18
4.1 Abuse of Rights in International Law
4.2 Abuse of Rights and Article 18
5 Estoppel and Article 18
5.1 Estoppel in International Law
5.2 Estoppel and Article 18
6 Binding Nature of Article 18
7 Consequences of Breach of Article 18
8 Concluding Remarks
7 Article 18
1 Introduction
2 Typology of Treaties
2.1 General Typologies of Treaties
2.2 Recognition of Treaty Typologies in the
3 Article 18
3.1 Discussions in the Travaux Préparatoires
3.2 Application of Article 18
4 Article 18
5 Concluding Remarks
8 Article 18
1 Introduction
2 ‘Reversal’ of Article 18
3 Institutional Aspect of Article 18
4 Concluding Remarks
9 Conclusion
Appendix
Bibliography
Index