The Termination and Revision of Treaties in the Light of New Customary

International Law

By: Nancy Kontou

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Hardcover | 5 January 1995

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188 Pages

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24.77 x 16.51 x 1.91

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This highly original and challenging study offers an examination of the tensions which exist between the two most important sources of international law: Treaty and Custom. Through detailed analysis of state practice and key decisions of international tribunals, the author considers the circumstances by which new customary law may abrogate the obligations of a prior treaty, and argues that there is a special category of situations which supports the right of a state to renegotiate a treaty by an appeal to new customary law. Scholarly and thought-provoking, this is an original and, at times, controversial study which will become essential reading for all those interested in the sources of international law and the observance and enforcement of treaty obligations.

Industry Reviews

[A] carefully researched contribution to the expanding legal scholarship dealing with aspects of the relationship between treaties and custom....--American Journal of International Law

This very special work on treaties provides useful insight into the relationship between two sources of International Law--custom and treaty....The author provides a refreshing sense of balance in her criticisms and conclusions.--ASIL United Nations Decade Newsletter

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Abbreviations	p. ix
Table of Cases	p. xi
Table of Treaties	p. xiv
Introduction	p. 1
The Issue	p. 1
Definitions	p. 2
Importance of the Issue	p. 10
An Overview of the Literature	p. 16
Treaty Interpretation in the Light of New Custom	p. 16
Priority between Inconsistent Obligations	p. 19
Treaty Termination or Revision Following the Development of New Custom	p. 22
Conclusion	p. 36
State Practice: The Impact of the New Law of the Sea on Prior Fisheries Agreements	p. 37
The Evolution of the General Law on Fisheries Jurisdiction	p. 37
Fisheries in the North Pacific (Russia-Japan)	p. 40
Fisheries off the Faeroe Islands (United Kingdom-Denmark)	p. 43
Fisheries in the North Atlantic and the 1964 London Fisheries Convention	p. 46
The Renegotiation of Fishing Rights in Canadian Waters	p. 50
US Participation in International Fishery Commissions	p. 57
Spanish Fishing Rights in European Community Waters	p. 64
The Fisheries Dispute between Morocco and Spain	p. 68
State Practice: Other Examples	p. 72
The Extradition Regime in the East Indies	p. 72
The Treaty on the Panama Canal	p. 74
The Abolition of the Capitulations	p. 78
The Impact of New Custom on the Vienna Classification of Diplomatic Agents	p. 85
The Termination of the 1936 Anglo-Egyptian Treaty of Alliance	p. 90
The Impact of the Concept of Human Rights on the Minorities Treaties	p. 91
The Abrogation of an 'Unequal' Treaty by China	p. 96
Treaties on International Watercourses	p. 98
The Shatt-al-Arab Boundary Dispute	p. 103
The Antarctic Treaty Regime	p. 104
Removal of Installations on the Continental Shelf and the 1958 Geneva Convention	p. 107
Decisions of International Tribunals	p. 109
The Fisheries Jurisdiction Case (United Kingdom v. Iceland)	p. 109
The United Kingdom-France Continental Shelf Arbitration	p. 115
The Spanish Fishermen's Cases before the European Court of Justice	p. 118
The La Bretagne Arbitration	p. 122
The Namibia Advisory Opinion	p. 124
The Guinea-Bissau/Senegal Maritime Boundary Arbitration	p. 125
The Iran-US Claims Tribunal	p. 127
Conclusion	p. 132
Some Criticisms	p. 135
The Vienna Convention on the Law of Treaties: The Significance of an Omission	p. 135
Opinio juris	p. 140
The Treaty as lex specialis	p. 141
Conclusions: Supervening Custom as a Ground of Treaty Termination or Revision	p. 145
Conditions of Application	p. 146
Supervening Custom as a Fundamental Change of Circumstances	p. 149
Effect of Supervening Custom on the Treaty Relationship	p. 150
Final Remarks	p. 156
Bibliography	p. 158
Index	p. 167
Table of Contents provided by Syndetics. All Rights Reserved.

The Termination and Revision of Treaties in the Light of New Customary

International Law

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

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