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In: Treaty Interpretation and the Vienna Convention on the Law of Treaties: 30 Years on
In: Towards World Constitutionalism
In: Reservations to Human Rights Treaties and the Vienna Convention Regime
In: Time, History and International Law
Whether or not a certain norm is legally binding upon international actors may often depend on whether or not the instrument which contains the norm is to be regarded as a treaty. In this study, the author argues that instruments which contain commitments are, ex hypothesi, treaties. In doing so, he challenges popular notions proclaiming the existence of morally and politically binding agreements and so-called `soft law'. Such notions, Klabbers argues, are internally inconsistent and founded upon untenable presumptions. Moreover, they find little support in the pertinent decisions of municipal and international courts and tribunals.
The book addresses issues of importance not only for academics working in international law, constitutional law and political science, but also for practitioners involved in the making, implementation and enforcement of international agreements.
In: Customary International Law on the Use of Force
In: International Law as Law of the European Union