Treaties and the Limits of Flexibility SIA SPILIOPOULOU ÅKERMARK AND OLLE MÅRSÄTER* 1. Why Discuss Flexibility? The main purpose of the present article is to challenge the perception of treaties as rigid and inflexible documents or simply as set collections of rules. Is the critique of international law as an inflexible device justified? We will try to show that treaties can ensure a balance between formalism (procedural guarantees) and flexibility. The question has also been raised with regard to reservations: how far can reservations go without harming the ‘integrity’ of a treaty? We will, finally, discuss the link between treaty flexibility and the insti- tutional setting or regime in which the treaty concerned exists. The argument is that the more treaty flexibility is available, the more important it is to have institutionalised mechanisms, bilateral or multilateral, for a continuous re- evaluation of the flexibility devices. We do not make the argument that inter- national organisations and treaty regimes do not need to be improved and new models developed, especially so with reference to the on-going debate on the legitimacy of international organisations. We are saying however that treaties as a tool of international co-ordination and co-operation offer us
Nordic Journal of International Law – Brill
Published: Jan 1, 2005
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera