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3 - Consent to Be Bound

The Force behind the Motion of Treaties

Published online by Cambridge University Press:  05 June 2020

Malgosia Fitzmaurice
Affiliation:
Queen Mary University of London
Panos Merkouris
Affiliation:
University of Groningen
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Summary

This chapter examines the notion of consent to be bound from the point of view of its motion and change from a classical concept included in the Vienna Convention on The Law of Treaties (VCLT), to its evolution in modern times. It also analyses the question of reservations to treaties, which was one of the projects of the International Law Commission. The chapter deals with the contentious issue of reservations to human rights treaties. The chapter also demonstrates that since consent to be bound is integral to the whole system of treaty law, it can also be identified in situations where we have an increase (auxesis), diminution (meiosis) or even alteration (alloiosis) of the treaty, as can happen when we are dealing with the system of reservations.

Type
Chapter
Information
Treaties in Motion
The Evolution of Treaties from Formation to Termination
, pp. 96 - 120
Publisher: Cambridge University Press
Print publication year: 2020

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