Re-Shaping Treaties While Balancing Interests of Stability and Change: Critical Issues in the Amendment/Modification/Revision of Treaties

Re-Shaping Treaties While Balancing Interests of Stability and Change: Critical Issues in the... Re-Shaping Treaties While Balancing Interests of Stability and Change: Critical Issues in the Amendment/Modifi cation/Revision of Treaties Malgosia Fitzmaurice & Panos Merkouris I. Introduction The present article aims to examine trends in amendment/modifi cation/ revision (A/M/R) practices in international law, both pre- and post-VCLT, and how these refl ect the constant tug-of-war between the competing interests of stability of international relations and the necessity to change in order to avoid stagnation. However, any study on trends, whether viewed as refl ecting either linear or circular concepts, requires a study of the drafting history of any existing generally applicable set of rules on A/M/R. The International Law Commission (ILC) was well aware of the maze of complexities surrounding any discussion on A/M/R provisions and procedures. An exhaustive analysis of the relevant debates during the ILC meetings goes beyond the scope of the present article. The authors have instead decided to focus on the most con- troversial issues relating to A/M/R and examine these both from a doctrinal and an empirical angle. For this reason, in Section II the most critical aspects of the drafting history of the relevant articles of the Vienna Convention on the Law of Treaties (VCLT) will http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Austrian Review of International and European Law Online Brill

Re-Shaping Treaties While Balancing Interests of Stability and Change: Critical Issues in the Amendment/Modification/Revision of Treaties

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
1573-6512
D.O.I.
10.1163/15736512-00000006
Publisher site
See Article on Publisher Site

Abstract

Re-Shaping Treaties While Balancing Interests of Stability and Change: Critical Issues in the Amendment/Modifi cation/Revision of Treaties Malgosia Fitzmaurice & Panos Merkouris I. Introduction The present article aims to examine trends in amendment/modifi cation/ revision (A/M/R) practices in international law, both pre- and post-VCLT, and how these refl ect the constant tug-of-war between the competing interests of stability of international relations and the necessity to change in order to avoid stagnation. However, any study on trends, whether viewed as refl ecting either linear or circular concepts, requires a study of the drafting history of any existing generally applicable set of rules on A/M/R. The International Law Commission (ILC) was well aware of the maze of complexities surrounding any discussion on A/M/R provisions and procedures. An exhaustive analysis of the relevant debates during the ILC meetings goes beyond the scope of the present article. The authors have instead decided to focus on the most con- troversial issues relating to A/M/R and examine these both from a doctrinal and an empirical angle. For this reason, in Section II the most critical aspects of the drafting history of the relevant articles of the Vienna Convention on the Law of Treaties (VCLT) will

Journal

Austrian Review of International and European Law OnlineBrill

Published: May 7, 2018

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