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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Reciprocity Revisited

Reciprocity Revisited

Chapter:
(p.113) Reciprocity Revisited
Source:
From Bilateralism to Community Interest
Author(s):

Andreas Paulus

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0010

This chapter recalls both Bruno Simma's considerable contribution to our understanding of reciprocity in his early academic work — on Article 60 of the Vienna Convention on the Law of Treaties, on reciprocity in customary law, and in treaties — as well as the later phase in his academic career when he did not abandon but considerably modified his position by looking to the formulation and protection of community interests in international law in his two grand lectures at the academies of The Hague and Florence. Here, the role of reciprocity changes from a prime mover of international law to that of a mere enforcement mechanism, from the master to the slave, so to speak. But Simma is and remains reluctant, even misgiving, about attempts to leave the enforcement of community interests to international organizations alone, as long as central institutions remain underdeveloped to implement them. Thus, in a decentralized system, decentralized means of enforcement continue to be necessary. In other words: reciprocity is transformed, but should not be abandoned altogether.

Keywords:   Bruno Simma, reciprocity, Vienna Convention, customary law, international law

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