Show Less
You do not have access to this content

The Paradigm of State Consent in the Law of Treaties

Challenges and Perspectives

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.
Show Summary Details
You do not have access to this content

Chapter 2: Reconstructing the treaty concept

Challenges and Perspectives

Vassilis Pergantis

Extract

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

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.