20 décembre 2016

OUVRAGE : V. de Oliveira Mazzuoli, The Law of Treaties

Valerio de OLIVEIRA MAZZUOLI

The extraordinary growth in the number of international treaties concluded in recent decades has awakened the interest in the study of the Law of Treaties throughout the world. Nevertheless, many of the works that have been recently published do not reach a satisfactory degree of detail, leaving the academic readership with no answer concerning most of the practical problems that the contemporary law of treaties poses.

This book, written by one of the most renowned Brazilian internationalists, deepens the study of the law of treaties by offering specific solutions to current legal problems. It provides a high-level theoretical and practical approach, touching upon all major current issues of the law of treaties. It is noteworthy that each subject-matter discussed in this work was thoroughly analyzed and supported by a rigorous methodology, including the use of the most accurate terminology and a well-reasoned explanation of each of the issues addressed in accordance with the most authoritative legal scholarly writings.

This work is also a helpful reference for governmental and diplomatic officials, legal practitioners and the legal academia at large in trying to understand how international acts are negotiated and adopted, what the rules are for the formulation of reservations and introduction of amendments to conventional texts, how a State is definitely deemed to be bound by an international act or treaty, which the effects are of a treaty that came into force and how treaties should be applied at the international level, etc.


TABLE OF CONTENTS

Summary
Abbreviations and Acronyms Used
Introduction

PART I
GENERAL THEORY OF TREATIES


Chapter 1. Concept of International Treaty
1.1. Historical background
1.2. Codification of the law of treaties
1.3. The Vienna Convention on the Law of Treaties
1.4. Concept of treaty
1.5. Treaty terminology
1.6. The issue of Memoranda of Understanding (MOUs)
1.7. Soft law instruments
Chapter 2. Classification of treaties
2.1. Formal classifications
2.2. Material classifications
2.3. Plan of the following parts of this work

PART II
GENESIS OF INTERNATIONAL TREATIES


Chapter 1. Procedure of Formation and Conclusion of Treaties
1.1. Introduction
1.2. International and internal stages
1.3. Conditions of validity
1.4. Preparation of the conventional text
1.5. Expression of consent
1.6. Structure of treaties
Chapter 2. Reservations to Multilateral Treaties
2.1. Introduction
2.2. Reservations to bilateral treaties?
2.3. Concept and formulation of reservations
2.4. Moment of formulation of reservations
2.5. Limitations on reservations
2.6. Procedure regarding reservations
2.7. Distinction between reservations and other acts not implying a reservation
2.8. Acceptance of and objection to reservations
2.9. Effects of reservations
2.10. Withdrawal of reservations or objections
2.11. Interpretation of reservations
2.12. The problem of reservations (and amendments) at the internal level
2.13. Addendum: consideration of the matter of reservations and interpretative declarations in case of succession of States
Chapter 3. Entry into force of treaties
3.1. Entry into force and provisional application of treaties
3.2. Registration and publication of treaties
3.3. Observance and application of treaties
3.4. Effectiveness of treaties and international responsibility

Part III
CONTINUANCE IN FORCE AND TERMINATION OF TREATIES 


Chapter 1. Treaties in force
1.1. Effects of treaties on the parties
1.2. Effects of treaties on third parties
1.3. Effects of treaties that have not yet entered into force on contracting parties and third parties
1.4. Amendment and modification of treaties
1.5. Interpretation of treaties
1.6. Conflict between successive treaties
1.7. Concurrence of treaties with a later customary rule
Chapter 2. Defects in consent and in international acts
2.1. Defects in consent and invalidity of treaties
2.2. Jus cogens and invalidity of treaties
2.3. Unconstitutionality of treaties
Chapter 3. Termination and suspension of treaties
3.1. Termination of treaties
3.2. Suspension of the operation of treaties
Chapter 4. Procedure to be followed with respect to defects, invalidity, termination or suspension
4.1. Procedure relating to defects in consent, invalidity, termination, withdrawal or suspension of the operation of a treaty
4.2. Consequences of vitiated consent, invalidity, termination and suspension of the operation of a treaty

PART IV
TREATIES IN THE 1986 VIENNA CONVENTION


Chapter 1. General rules of the 1986 Convention
1.1. Introduction
1.2. History and current situation of the 1986 Convention
1.3. Similarities between the 1969 and 1986 Conventions
1.4. Relationship between the 1986 Convention and the 1969 Convention
1.5. Situation of the Vienna Convention of 1986 in Brazil
Chapter 2. Treaties under the convention of 1986
2.1. Capacity of international organizations to conclude treaties
2.2. Some treaties included in the 1986 Convention
2.3. Questions not prejudged by the 1986 Convention

PART V
TREATIES AND INTERNAL LAW


Chapter 1. Constitutional procedural aspects on the conclusion of treaties in Brazil
1.1. Introduction
1.2. The 1988 Brazilian Constitution and the treaty-making power
1.3. The issue of treaties concluded in simplified form
1.4. The relationship between the Executive Power and Legislative Power in the treaty-making process
1.5. The role of the National Congress in the treaty-making process
1.6. Internal procedure in the Houses of the National Congress
1.7. Brazilian practice for the entry into force of treaties
1.8. Effects of the internal adoption of treaties in the national legal system
1.9. Public authorities responsible for the execution of treaties
Chapter 2. Conflict between treaties and rules of internal law
2.1. The case of Brazil
2.2. Regulatory parity of ordinary treaties declared by the SFC
2.3. Our opinion as to the position of the SFC
2.4. Jurisdictional control of the conventionality of laws
2.5. Some sensitive issues on the application of treaties in Brazil

References
Annexes
Annex I. Havana Convention on Treaties (1928)
Annex II. Vienna Convention on the Law of Treaties (1969)
Annex III. Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986)
Annex IV. Official Status of the 1969 Vienna Convention on the Law of Treaties
Annex V. Guide to Practice on Reservations to Treaties (2011)



 Valerio de OLIVEIRA MAZZUOLI, The Law of Treaties: A Comprehensive Study of the 1969 Vienna Convention and Beyond São Paulo, Forense, 2016 (672 pp.)


Valerio de Oliveira Mazzuoli: Professor of Public International Law, School of Law (Federal University of Mato Grosso, Brazil). Post-doctoral Fellow in Juridical and Political Sciences (University of Lisbon, Portugal). PhD Holder summa cum laude in International Law (Federal University of Rio Grande do Sul, Brazil). Member of the Brazilian Society of International Law and the Brazilian Association of Democratic Constitutionalists.Attorney-at-law and Legal Adviser. Author of several published books mainly in the fields of Public International Law, Constitutional Law and Human Rights Law.

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