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Is characterization of treaties a solution to treaty conflicts?

journal contribution
posted on 2023-06-08, 17:43 authored by Ahmad GhouriAhmad Ghouri
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.

History

Publication status

  • Published

File Version

  • Published version

Journal

Chinese Journal of International Law

ISSN

1746-9937

Publisher

Oxford University Press

Issue

2

Volume

11

Page range

247-280

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2014-07-02

First Compliant Deposit (FCD) Date

2014-07-02

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