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Conclusions: a few thoughts

Strategic Models and Factors

Antonios E. Platsas

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The Harmonisation of National Legal Systems

Strategic Models and Factors

Antonios E. Platsas

This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
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Antonios E. Platsas

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Introduction to the Factors

Strategic Models and Factors

Antonios E. Platsas

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Conclusion

Challenges and Perspectives

Vassilis Pergantis

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Vassilis Pergantis

Chapter 3 focuses on the gradual ‘flexibilization’ of the expression of consent to be bound procedures in the framework of the law of treaties. Starting from an analysis of the codification work on Article 11 VCLT, the author then examines the innovative techniques for treaty-making employed especially in multilateral environmental agreements, and critically revisits the various theories proposed in order to accommodate this flexibilization within the paradigm of State consent, such as the theory of remote or tacit consent. The author concludes that international treaty law constantly oscillates between informal and formal solutions in an effort to establish an adaptable yet legally certain juridical regime. Keywords: consent to be bound; remote consent; opt-out clauses; tacit consent; COPs/MOPs

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Vassilis Pergantis

The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
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Reconstructing the treaty concept

Challenges and Perspectives

Vassilis Pergantis

Chapter 2 explores the emergence of the ‘traditional’ concept of treaty and its rules through a series of different prisms. First, the author embarks upon an analytical discussion of treaty classification and highlights how the traditional treaty concept is recast as contractual and formalistic. Second, the above manipulation of the treaty identity is confirmed while presenting the role of treaties within the sources doctrine. Finally, the chapter tries to challenge some of the established ideas concerning the treaty concept, with a focus on the functioning of reciprocity and the idea of formalism, and suggests the adoption of a more flexible approach with regard to the treaty concept and the rules on the law of treaties. Keywords: classification of treaties; reciprocity; formalism; legislative treaties; contractualism; traités-lois versus traités-contrats

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Selective bibliography

Challenges and Perspectives

Vassilis Pergantis

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Vassilis Pergantis

Chapter 6 combines the challenges analysed in the three previous case studies, namely the issues of formalism and communitarianism, through the presentation of the most controversial aspect of the law of treaties, namely the law of reservations. It focuses on the constant oscillation between permissibility and opposability and highlights the tension between the formalism of the validity paradigm and the informality of the reservations dialogue. The author offers a first account of some aspects of the ILC Guide to Reservations and critically assesses the doctrine of severability of impermissible reservations. Keywords: reservations to human rights treaties; severability doctrine; reservations dialogue; opposability and permissibility schools of thought; universality; integrity