The Unanimity Rule in the Revision of Treaties a Re-Examination

ISBN-13: 9789401187213 / Angielski / Miękka / 1959 / 264 str.

Edwin C. Hoyt; Philip C. Jessup

Opis

In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality."

Spis treści

1. A Statement of the Problem.- 2. Opinions of Writers.- 3. The Declaration of London.- 4. Some Related Problems.- I. General Treaties.- I. Nonpolitical Conventions.- 1. Their Terminable Character.- 2. The Authority of Periodic Revisory Conferences.- 3. The Method of inter se Agreements.- 4. The Method of Denunciation.- 5. Outright Departures from the Unanimity Principle.- 6. Law-making Treaties.- 7. Summary.- II. Treaties of a Constitutional Character.- 1. The Covenant of the League of Nations.- 2. The Statute of the Permanent Court of International Justice.- 3. The Charter of the United Nations.- 4. The Constitution of the International Labor Organization.- 5. The Constitution of the World Health Organization.- 6. Replacement of the League of Nations by the United Nations.- 7. Summary.- III. Multipartite Peace Settlements.- 1. The Treaty of Vienna, 1815.- 2. The Treaties of Paris, 1856, and Berlin, 1878.- 3. The Treaty of Versailles.- a) Subsequent revision of parts of the settlement.- b) Its effect on the status of Belgium.- c) Its effect on the rights of Switzerland.- 4. The Italian Peace Treaty, 1947.- a) The Naval, Military and Air Clauses.- b) The Free Territory of Trieste.- 5. Agreements concerning Germany.- 6. Summary.- II. Specific Territorial Regimes.- IV. The Regimes of International Rivers: The Rhine and the Danube.- 1. The Period 1815 to 1918.- a) The Central Commission of the Rhine.- b) The European Commission of the Danube.- 2. Revisions after World War I.- a) The Rhine.- b) The Danube.- 3. The Later History of the Danube Regime.- a) The breakdown of the international system.- b) The Belgrade Convention.- 4. Summary.- V. The Regime of the Turkish Straits.- 1. 1840 to 1914: the Principle of Unanimity of the Great Powers.- 2. Wartime Diplomacy.- 3. The Lausanne Conference, 1922–1923.- 4. The Montreux Conference of 1936.- 5. The Negotiations of 1945–1946.- 6. Summary.- VI. International Regimes in Colonial Africa.- 1. The treaties of Madrid, Berlin and Brussels.- 2. The Algeciras Conference.- 3. The French Protectorate in Morocco.- 4. Revision of the Acts of Berlin and Brussels by the Peace Conference of 1919.- 5. The Tangier Convention of 1923.- 6. The Revision of the Tangier Statute in 1928.- 7. Tangier since 1945.- 8. Summary.- VII. Treaty Regimes Reinforced by Custom.- 1. The Aaland Islands.- a) The Convention of 1856.- b) The Opinion of the League of Nations Commission of Jurists.- c) Later Treaties.- 2. The Suez Canal.- a) The Convention of 1888.- b) The British reservation.- c) Discussions of revision in 1956.- 3. Summary.- VIII. Conclusions.- Selected Bibliography.