Research Catalog

Title

The termination and revision of treaties in the light of new customary international law / Nancy Kontou.

Author

Kontou, Nancy.

Publication

Oxford : Clarendon Press ; New York : Oxford University Press, 1994.

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Holdings

Details

Description

xvii, 169 p.; 24 cm.

Summary

This book deals with a central issue of international law: the relationship between two of its sources, treaty and custom. In particular, it examines one aspect of this relationship that has not been satisfactorily covered in the literature, whether new customary law may abrogate or modify prior incompatible treaties. State practice in the Law of Sea and other areas of international law contains a number of examples of treaties that have been terminated or revised on account of new conflicting custom. The author draws on these examples as well as on decisions of international tribunals to argue that although new customary law does not automatically affect prior incompatible treaties, it gives a State, under certain conditions, the unilateral right to call for their termination or revision. This is an original position on a controversial subject that was considered too complex to be included in the Vienna codification of the Law of Treaties. This issue may arise in all areas of international law and is of practical importance to all those involved in the field.

Series Statement

Oxford monographs in international law

Uniform Title

Oxford monographs in international law

Subject

• Treaties > Termination
• Customary law, International

Genre/Form

• Legislation
• Statutes and codes
• Lois et codes.

Note

• Revision of the author's thesis (doctoral--University of Cambridge, England), 1990.

Bibliography (note)

• Includes bibliographical references (p. [158]-166) and index.

Processing Action (note)

• committed to retain

Contents

• 1. Introduction. 1.1. The Issue. 1.2. Definitions. 1.3. Importance of the Issue -- 2. An Overview of the Literature. 2.1. Treaty Interpretation in the Light of New Custom. 2.2. Priority between Inconsistent Obligations. 2.3. Treaty Termination or Revision Following the Development of New Custom -- 3. State Practice: The Impact of the New Law of the Sea on Prior Fisheries Agreements. 3.1. The Evolution of the General Law on Fisheries Jurisdiction. 3.2. Fisheries in the North Pacific (Russia-Japan). 3.3. Fisheries off the Faeroe Islands (United Kingdom-Denmark). 3.4. Fisheries in the North Atlantic and the 1964 London Fisheries Convention. 3.5. The Renegotiation of Fishing Rights in Canadian Waters. 3.6. US Participation in International Fishery Commissions. 3.7. Spanish Fishing Rights in European Community Waters. 3.8. The Fisheries Dispute between Morocco and Spain -- 4. State Practice: Other Examples. 4.1. The Extradition Regime in the East Indies. 4.2. The Treaty on the Panama Canal.
• 4.3. The Abolition of the Capitulations. 4.4. The Impact of New Custom on the Vienna Classification of Diplomatic Agents. 4.5. The Termination of the 1936 Anglo-Egyptian Treaty of Alliance. 4.6. The Impact of the Concept of Human Rights on the Minorities Treaties. 4.7. The Abrogation of an 'Unequal' Treaty by China. 4.8. Treaties on International Watercourses. 4.9. The Shatt-al-Arab Boundary Dispute. 4.10. The Antarctic Treaty Regime. 4.11. Removal of Installations on the Continental Shelf and the 1958 Geneva Convention -- 5. Decisions of International Tribunals. 5.1. The Fisheries Jurisdiction Case (United Kingdom v. Iceland). 5.2. The United Kingdom-France Continental Shelf Arbitration. 5.3. The Spanish Fishermen's Cases before the European Court of Justice. 5.4. The La Bretagne Arbitration. 5.5. The Namibia Advisory Opinion. 5.6. The Guinea-Bissau/Senegal Maritime Boundary Arbitration. 5.7. The Iran-US Claims Tribunal -- 6. Some Criticisms.
• 6.1. The Vienna Convention on the Law of Treaties: The Significance of an Omission. 6.2. Opinio juris. 6.3. The Treaty as lex specialis -- 7. Conclusions: Supervening Custom as a Ground of Treaty Termination or Revision. 7.1. Conditions of Application. 7.2. Supervening Custom as a Fundamental Change of Circumstances. 7.3. Effect of Supervening Custom on the Treaty Relationship.

ISBN

0198258429 (acid-free paper) :

LCCN

^^^94018804^

OCLC

30437208

Owning Institutions

Harvard Library