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The Law of Treaties Beyond the Vienna Convention$
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Enzo Cannizzaro

Print publication date: 2011

Print ISBN-13: 9780199588916

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199588916.001.0001

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Beyond the Vienna Convention: Conflicting Treaty Provisions

Beyond the Vienna Convention: Conflicting Treaty Provisions

Chapter:
(p.192) 12 Beyond the Vienna Convention: Conflicting Treaty Provisions
Source:
The Law of Treaties Beyond the Vienna Convention
Author(s):

Jan Klabbers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588916.003.0012

This chapter discusses the notion of treaty conflict and the various suggestions that have been made to solve them. It goes into the drafting of the Vienna Convention and explains treaty conflict along more or less systemic lines, resulting from the Vienna Convention's drafters' choice to concentrate on form rather than substance in conjunction with the circumstance that in a horizontal legal order, a treaty is res inter alios acta. It is argued that the unsolvable nature of some treaty conflicts need not necessarily be considered overly problematic, but that much will depend on the attitude of those charged with the task of applying treaties and settling disputes: a virtuous approach is called for.

Keywords:   treaties, Vienna Convention, treaty conflict, hierarchy, virtue jurisprudence

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