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

This book deals with a central issue of international law: the relationship between two of its sources, the treaty and custom. In particular, one aspect of this relationship that has not been satisfactorily addressed in the literature is examined, namely whether the new customary law can repeal or modify previous incompatible contracts. State practice in the law of the sea and other areas of international law contains a number of examples of treaties that have been repealed or revised as a result of new conflicting practices. The author relies both on these examples and on the decisions of international tribunals to argue that the new customary law, although it does not automatically affect earlier incompatible treaties, grants a State, under certain conditions, the unilateral right to demand their termination or revision. This is an original position on a controversial issue that was considered too complex to be included in the Viennese codification of the law of treaties. This issue can arise in all areas of international law and is of practical importance to all parties concerned in this area. This very original and stimulating study offers an examination of the tensions that exist between the two main sources of international law: treaties and customs. Through a detailed analysis of State practice and the main decisions of international tribunals, he examined the circumstances in which new customary law could nullify the obligations of an earlier treaty, arguing that there was a particular category of situations that supported a State`s right to renegotiate a treaty by invoking the new customary law. Please select if you want other users in your profile to be able to see that this library is one of your favorites. {{shippingLabel}} {{#showShipPrice}} {{bestListingForDislay.shippingToDestinationPriceInPurchaseCurrencyWithCurrencySymbol}} {{#showSurferCurrency}} ({{bestListingForDislay.shippingToDestinationPriceInSurferCurrencyWithCurrencySymbol}}) {{/showSurferCurrency}} {{/showShipPrice}} {{#showFreeShipping}} {{freeshipping}} {{/showFreeShipping}} {{shippingText}}. . Published online by Cambridge University Press: February 27, 2017. „Synopsis“ could belong to another edition of this title.

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