Book contents
- Frontmatter
- Contents
- Foreword to the first edition by Sir Arthur Watts
- Preface to the second edition
- Articles of the Convention cited in the text
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- Introduction
- 1 Vienna Convention on the Law of Treaties 1969
- 2 What is a treaty?
- 3 MOUs
- 4 Capacity to conclude treaties
- 5 Full powers
- 6 Adoption and authentication
- 7 Consent to be bound
- 8 Reservations
- 9 Entry into force
- 10 Treaties and domestic law
- 11 Territorial application
- 12 Successive treaties
- 13 Interpretation
- 14 Third states
- 15 Amendment
- 16 Duration and termination
- 17 Invalidity
- 18 The depositary
- 19 Registration and publication
- 20 Dispute settlement and remedies
- 21 Succession to treaties
- 22 International Organisations
- 23 Drafting and final clauses
- Appendices
- Index
12 - Successive treaties
- Frontmatter
- Contents
- Foreword to the first edition by Sir Arthur Watts
- Preface to the second edition
- Articles of the Convention cited in the text
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- Introduction
- 1 Vienna Convention on the Law of Treaties 1969
- 2 What is a treaty?
- 3 MOUs
- 4 Capacity to conclude treaties
- 5 Full powers
- 6 Adoption and authentication
- 7 Consent to be bound
- 8 Reservations
- 9 Entry into force
- 10 Treaties and domestic law
- 11 Territorial application
- 12 Successive treaties
- 13 Interpretation
- 14 Third states
- 15 Amendment
- 16 Duration and termination
- 17 Invalidity
- 18 The depositary
- 19 Registration and publication
- 20 Dispute settlement and remedies
- 21 Succession to treaties
- 22 International Organisations
- 23 Drafting and final clauses
- Appendices
- Index
Summary
The question of conflict between treaties, or incompatibility of treaties with one another, is a complicated matter and it cannot be said that clear guidance has yet come from judicial or arbitral sources.
McNair's view may lead the reader to turn to the next chapter; and it has to be said that, although the relationship between successive treaties can be immensely difficult, it does not cause daily consternation in the legal departments of foreign ministries. But, since McNair wrote in 1961, the topic has gained in importance. Because of the greater number and complexity of multilateral treaties, particularly on the environment, questions increasingly arise as to the relationship between successive treaties. In recent years, more has been written on the problem. But it is the sort of puzzle that is difficult to study in the abstract; it can be done properly only in relation to actual treaties and real problems. This chapter will therefore concentrate more on what rules there are, and practical ways of seeking to overcome future problems.
There should be no problem when the parties to both treaties – whether bilateral or multilateral – are identical. If the earlier treaty is not considered as terminated or suspended (Article 59), the earlier treaty applies only to the extent that its terms are compatible with those of the later treaty (Article 30(3)).
Problems can occur when two or more multilateral treaties deal in whole or in part with the same subject matter, but the parties to them are not identical.
- Type
- Chapter
- Information
- Modern Treaty Law and Practice , pp. 215 - 229Publisher: Cambridge University PressPrint publication year: 2007