Chapter

The Community Interest in the Law of Treaties: Ambivalent Conceptions

Jan Klabbers

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/9780199588817.003.0048
The Community Interest in the Law of Treaties: Ambivalent Conceptions

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One of the characteristic elements of the work of Bruno Simma consists of his exploration of the community interest in international law, and perhaps more particularly in the law of treaties. His early article on material breach in the then still pending Vienna Convention on the Law of Treaties (VCLT) already pays some attention to this, and even more so his path-breaking work on objective regimes. This chapter delves a little into the genesis of the VCLT, with a view to exploring whether the founders of the VCLT were aware of several issues and to what extent they aspired to come to terms with them. This is of some relevance, needless to say, since it has become clear that the law of treaties ‘has issues’ when it comes to its application to normative multilateral instruments. In this light, it is potentially valuable to see what the founding fathers thought, and whether the VCLT might be said to contain secret ‘trapdoors’ which would facilitate its application to normative multilateral instruments.

Keywords: Vienna Convention; community interest; international; law of treaties; multilateral instruments

Chapter.  6644 words. 

Subjects: Public International Law

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