Limits of the Treaty Paradigm
Author | : Catherine M. Brölmann |
Publisher | : |
Total Pages | : 0 |
Release | : 2009 |
Genre | : |
ISBN | : |
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This paper explores the suitability of the treaty paradigm for contemporary international relations. It takes a cursory glance at some well-established elements of treaty practice which, although slightly at odds with the contractual nature of the treaty, have been addressed and - mostly - accommodated, by the conventional law of treaties. Subsequent sections look at two relatively recent developments, which arguably stretch the treaty concept to its limits: the 'living instrument' doctrine in treaty interpretation and the practice of 'international legislation'. The conclusion with regard to these developments is twofold. First, they are new developments in that they put a strain on the principle of consent, which is at the very heart of the treaty concept. Second, they are only possible in a centralised, 'constitutionalised' environment - be it institutionally delimited, as in the framework of an organisation, or doctrinally, as in a particular field of law such as human rights.