Chapter

Bilateralism and Community in Treaty Law and Practice—of Warriors, Workers, and (Hook-)Worms

Kenneth Keith

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0047
Bilateralism and Community in Treaty Law and Practice—of Warriors, Workers, and (Hook-)Worms

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This chapter examines bilateralism and community by reference to treaty law and practice in three areas — armed conflict, labour, and epidemics. While the legal regimes in each area have a treaty base, it is argued that they may not be usefully considered in purely contractual or transactional, bilateral, and private interest terms which emphasize the reciprocal interests of the State parties. Nor is a delict — property — contract analysis adequate for understanding those areas. Ideas of public good and public interest, legislation, administration, adjudication, and constitutionalization are also required. The chapter undertakes the examination by reference to one of the major international law reform undertakings of the last century — the Vienna Convention on the Law of Treaties (VCLT), a text of fundamental authority which extends far beyond its formal reach.

Keywords: bilateralism; community; treaty law; armed conflict; labour; epidemics

Chapter.  7192 words. 

Subjects: Public International Law

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