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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.
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Chapter 5: Succession to public order treaties

Challenges and Perspectives

Vassilis Pergantis

Extract

Chapter 5 examines the challenges to the paradigm of State consent in the framework of State succession to treaties. It analyzes the theoretical contours of the problem of State succession and recounts the basic points of the VCSST, and especially the rules that elaborate aspects of the continuity principle in treaty relations. Then, it elaborates on the doctrine of automatic succession to human rights treaties by reference to scholarly views, treaty body and State practice and the relevant case law. In this framework, it analyses the theory of vested rights and critically assesses the arguments employed by treaty bodies for sidelining State consent in this field. Keywords: notification of succession; automatic succession to human rights treaties; theory of vested or acquired rights; Vienna Convention on Succession of States in Respect to Treaties; clean slate rule

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