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Is characterization of treaties a solution to treaty conflicts?
The Vienna Convention on the Law of Treaties (VCLT) rules on the resolution of treaty conflicts are known as being despondently unhelpful. One identified lacuna is that these rules disregard many differences present in different kinds of treaties. This paper characterizes treaties on the basis of their differences and investigates whether this yields legal rules to resolve treaty conflicts. This paper presents three broad characterizations founded on: the subject matter; the number of State Parties; and the intended objects and purposes of treaties. Respecting the intended objects and purposes, this paper presents three sub-characterizations, namely: universal character treaties; constitutional character treaties; and treaties with conflict resolution clauses. The results are variegated, but the discussions expose the mythic role of treaty characterization in the resolution of treaty conflicts.
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Publication status
- Published
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- Published version
Journal
Chinese Journal of International LawISSN
1746-9937Publisher
Oxford University PressExternal DOI
Issue
2Volume
11Page range
247-280Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2014-07-02First Compliant Deposit (FCD) Date
2014-07-02Usage metrics
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