- Title Pages
- FOREWORD by the German Federal Minister of Justice
- PREFACE
- LIST OF CONTRIBUTORS
- Dulce Est Desipere in Loco
- From Academic to Judge
- Speech in Honour of Bruno Simma's Election to the International Court of Justice
- Bruno Simma, The Positivist?
- A Friend, an Academic Teacher, and A Partner Before Court
- The Fight for Inclusion: Non-State Actors and International Law
- A Political Theory of Law: Escaping The Aporia of the Debate on the Validity of Legal Argument in Public International Law
- From Bilateralism to Publicness in International Law
- The Political Theology of Trade Law: The Scholastic Contribution
- Reciprocity Revisited
- Universal International Law's Grammar
- From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
- The World Trade Organization as a Club: Rethinking Reciprocity and Common Interest
- Are Nuclear Weapons Really Legal? Thoughts on the Sources of International Law and a Conception of the Law imperio rationis instead of ratione imperii
- Multi-Stakeholderism in the Development of International Law
- Transnational Democracy
- Responsibility for Breaches of Communitarian Norms: an Appraisal of Article 48 of the ILC Articles on Responsibility of States for Internationally Wrongful Acts
- An Emerging International Public Policy?
- Running in Circles: Regionalism in World Trade and How It Will Lead Back to Multilateralism
- The UN Laissez Passer: Legal Reflections and Managerial Issues
- Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force
- The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members
- The Concept of ‘International Community’ in International Law and the Developing Countries
- Implications of the World Financial Crisis: What Role for the United Nations?
- Elements of Supranationality in the Law of International Organizations
- Individual States as Guardians of Community Interests
- Sketching ‘Community Interest’ in EU Law
- Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah
- The Specificity of Human Rights and International Law
- Architectural Clarity or Creative Ambiguity? The Place of the Human Rights Council in the Institutional Structure of the United Nations
- From Humanitarian Intervention to Responsibility to Protect: Making Utopia True?
- Denunciation of Human Rights Treaties and the Principle of Reciprocity
- Human Rights and Democracy: Is There a Place for Actual People(s)?
- Human Security and International Law
- Reservations to Human Rights Treaties: Not an Absolute Evil…
- The Relationship Between Human Rights and the Rights of Aliens and Immigrants
- New Bearings in Social Rights? The Communications Procedure Under the ICESCR
- Self-Determination, Human Rights, and the Attribution of Territory
- Universal Periodic Review: a New System of International Law with Specific Ground Rules?
- The Obligation to Prevent Genocide: Towards a General Responsibility to Protect?
- Is there an Austrian Contribution to the Codification of International Law?
- A New Way for Submitting Observations on the Construction of Multilateral Treaties to the International Court of Justice
- Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal
- Is the Topic of Responsibility of International Organizations Ripe for Codification? Some Critical Remarks
- Business Enterprises in Public International Law: the Case for an International Code on Corporate Responsibility
- The Function of Law and the Codification of International Law in a Changing World
- Bilateralism and Community in Treaty Law and Practice—of Warriors, Workers, and (Hook-)Worms
- The Community Interest in the Law of Treaties: Ambivalent Conceptions
- The International Law Commission Facing the Second Decade of the Twenty-first Century
- International Law Needs Development. But Where to?
- The Judge as Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion
- Of Rights and Remedies: Sovereign Immunity and Fundamental Human Rights
- Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed ‘Proportionate Defensive Measures’ Admissible in Contemporary International Law?
- Competition among International Tribunals and the Authority of the International Court of Justice
- The Unilateral Secession of Kosovo as a Precedent in International Law
- The Arbitration Panel for In Rem Restitution and Its Jurisprudence: Extreme Injustice in International Law
- The Right of Access to Justice to Challenge the Security Council's Targeted Sanctions: After-thoughts on Kadi
- Kosovo and Lotus
- European Civil Procedure and Public International Law
- Trends and Trials: The Implementation of Consular Rights a Decade After LaGrand
- Global Judicial Activism, Fragmentation, and the Limits of Constitutionalism in International Law
- Balancing Individual and Community Interests: Reflections on the International Criminal Court
- ‘A New Legal Order of International Law’: On the Relationship between Public International Law and European Union Law after Kadi
- The International Court of Justice and the Environment: The Recent Paper Mills Case
- The Natural Superiority of Courts
- Judicial Redress of War-related Claims by Individuals: the Example of the Italian Courts
- From Individual to Community Interest in International Investment Law
- Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases
- Does the European Court of Justice keep the Balance between Individual and Community Interest in Kadi?
- Enforcing Community Interests Through International Dispute Settlement: Reality or Utopia?
- Using International Law to Combat Unlawful Targeted Killings
- Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
- International Law in Recession? The Role of International Law When Crisis Hits: Food, Finance, and Climate Change
- Sailing the Wine-Dark Sea—An Unfinished Journey: Some very Preliminary Thoughts on Pirates and Other Pernicious People
- A History of the Doctrine of Odious Debts: Serving Individual/Bilateral or Community Interests?
- Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests
- Privatization of Military Flights in the Mesh of International and National Law
- The Impact of Climate Change: Challenges for International Law
- The International Law Commission's Articles on State Responsibility and the German Federal Constitutional Court
- Abraham, Jesus, and the Western Culture of Justice
- List of Publications by Bruno Simma
- INDEX
The Community Interest in the Law of Treaties: Ambivalent Conceptions
- Chapter:
- (p. 768 ) The Community Interest in the Law of Treaties: Ambivalent Conceptions
- Source:
- From Bilateralism to Community Interest
- Author(s):
Jan Klabbers
- Publisher:
- Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0048
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
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- Title Pages
- FOREWORD by the German Federal Minister of Justice
- PREFACE
- LIST OF CONTRIBUTORS
- Dulce Est Desipere in Loco
- From Academic to Judge
- Speech in Honour of Bruno Simma's Election to the International Court of Justice
- Bruno Simma, The Positivist?
- A Friend, an Academic Teacher, and A Partner Before Court
- The Fight for Inclusion: Non-State Actors and International Law
- A Political Theory of Law: Escaping The Aporia of the Debate on the Validity of Legal Argument in Public International Law
- From Bilateralism to Publicness in International Law
- The Political Theology of Trade Law: The Scholastic Contribution
- Reciprocity Revisited
- Universal International Law's Grammar
- From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
- The World Trade Organization as a Club: Rethinking Reciprocity and Common Interest
- Are Nuclear Weapons Really Legal? Thoughts on the Sources of International Law and a Conception of the Law imperio rationis instead of ratione imperii
- Multi-Stakeholderism in the Development of International Law
- Transnational Democracy
- Responsibility for Breaches of Communitarian Norms: an Appraisal of Article 48 of the ILC Articles on Responsibility of States for Internationally Wrongful Acts
- An Emerging International Public Policy?
- Running in Circles: Regionalism in World Trade and How It Will Lead Back to Multilateralism
- The UN Laissez Passer: Legal Reflections and Managerial Issues
- Legal Crisis Management: Lawfulness and Legitimacy of the Use of Force
- The Responsibility to Protect: Spelling out the Hard Legal Consequences for the UN Security Council and its Members
- The Concept of ‘International Community’ in International Law and the Developing Countries
- Implications of the World Financial Crisis: What Role for the United Nations?
- Elements of Supranationality in the Law of International Organizations
- Individual States as Guardians of Community Interests
- Sketching ‘Community Interest’ in EU Law
- Human, All Too Human Rights: Humanitarian Ethics and the Annihilation of Sodom and Gomorrah
- The Specificity of Human Rights and International Law
- Architectural Clarity or Creative Ambiguity? The Place of the Human Rights Council in the Institutional Structure of the United Nations
- From Humanitarian Intervention to Responsibility to Protect: Making Utopia True?
- Denunciation of Human Rights Treaties and the Principle of Reciprocity
- Human Rights and Democracy: Is There a Place for Actual People(s)?
- Human Security and International Law
- Reservations to Human Rights Treaties: Not an Absolute Evil…
- The Relationship Between Human Rights and the Rights of Aliens and Immigrants
- New Bearings in Social Rights? The Communications Procedure Under the ICESCR
- Self-Determination, Human Rights, and the Attribution of Territory
- Universal Periodic Review: a New System of International Law with Specific Ground Rules?
- The Obligation to Prevent Genocide: Towards a General Responsibility to Protect?
- Is there an Austrian Contribution to the Codification of International Law?
- A New Way for Submitting Observations on the Construction of Multilateral Treaties to the International Court of Justice
- Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal
- Is the Topic of Responsibility of International Organizations Ripe for Codification? Some Critical Remarks
- Business Enterprises in Public International Law: the Case for an International Code on Corporate Responsibility
- The Function of Law and the Codification of International Law in a Changing World
- Bilateralism and Community in Treaty Law and Practice—of Warriors, Workers, and (Hook-)Worms
- The Community Interest in the Law of Treaties: Ambivalent Conceptions
- The International Law Commission Facing the Second Decade of the Twenty-first Century
- International Law Needs Development. But Where to?
- The Judge as Law-Maker: Thoughts on Bruno Simma's Declaration in the Kosovo Opinion
- Of Rights and Remedies: Sovereign Immunity and Fundamental Human Rights
- Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed ‘Proportionate Defensive Measures’ Admissible in Contemporary International Law?
- Competition among International Tribunals and the Authority of the International Court of Justice
- The Unilateral Secession of Kosovo as a Precedent in International Law
- The Arbitration Panel for In Rem Restitution and Its Jurisprudence: Extreme Injustice in International Law
- The Right of Access to Justice to Challenge the Security Council's Targeted Sanctions: After-thoughts on Kadi
- Kosovo and Lotus
- European Civil Procedure and Public International Law
- Trends and Trials: The Implementation of Consular Rights a Decade After LaGrand
- Global Judicial Activism, Fragmentation, and the Limits of Constitutionalism in International Law
- Balancing Individual and Community Interests: Reflections on the International Criminal Court
- ‘A New Legal Order of International Law’: On the Relationship between Public International Law and European Union Law after Kadi
- The International Court of Justice and the Environment: The Recent Paper Mills Case
- The Natural Superiority of Courts
- Judicial Redress of War-related Claims by Individuals: the Example of the Italian Courts
- From Individual to Community Interest in International Investment Law
- Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases
- Does the European Court of Justice keep the Balance between Individual and Community Interest in Kadi?
- Enforcing Community Interests Through International Dispute Settlement: Reality or Utopia?
- Using International Law to Combat Unlawful Targeted Killings
- Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
- International Law in Recession? The Role of International Law When Crisis Hits: Food, Finance, and Climate Change
- Sailing the Wine-Dark Sea—An Unfinished Journey: Some very Preliminary Thoughts on Pirates and Other Pernicious People
- A History of the Doctrine of Odious Debts: Serving Individual/Bilateral or Community Interests?
- Environmental Damage Claims from the 1991 Gulf War: State Responsibility and Community Interests
- Privatization of Military Flights in the Mesh of International and National Law
- The Impact of Climate Change: Challenges for International Law
- The International Law Commission's Articles on State Responsibility and the German Federal Constitutional Court
- Abraham, Jesus, and the Western Culture of Justice
- List of Publications by Bruno Simma
- INDEX