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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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Bilateralism and Community in Treaty Law and Practice—of Warriors, Workers, and (Hook-)Worms

Bilateralism and Community in Treaty Law and Practice—of Warriors, Workers, and (Hook-)Worms

Chapter:
(p.754) Bilateralism and Community in Treaty Law and Practice—of Warriors, Workers, and (Hook-)Worms
Source:
From Bilateralism to Community Interest
Author(s):

Kenneth Keith

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0047

This chapter examines bilateralism and community by reference to treaty law and practice in three areas — armed conflict, labour, and epidemics. While the legal regimes in each area have a treaty base, it is argued that they may not be usefully considered in purely contractual or transactional, bilateral, and private interest terms which emphasize the reciprocal interests of the State parties. Nor is a delict — property — contract analysis adequate for understanding those areas. Ideas of public good and public interest, legislation, administration, adjudication, and constitutionalization are also required. The chapter undertakes the examination by reference to one of the major international law reform undertakings of the last century — the Vienna Convention on the Law of Treaties (VCLT), a text of fundamental authority which extends far beyond its formal reach.

Keywords:   bilateralism, community, treaty law, armed conflict, labour, epidemics

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