Is Characterization of Treaties a Solution to Treaty Conflicts?

Chinese Journal of International Law, Vol. 11, pp. 247-280, June 2012

34 Pages Posted: 23 Oct 2012

See all articles by Dr Ahmad Ghouri

Dr Ahmad Ghouri

Sussex Law School, University of Sussex; University of Turku

Date Written: June 1, 2012

Abstract

The Vienna Convention on the Law of Treaties (VCLT) rules on the resolution of treaty conflicts are known as being despondently unhelpful. One identified lacuna is that these rules disregard many differences present in different kinds of treaties. This paper characterizes treaties on the basis of their differences and investigates whether this yields legal rules to resolve treaty conflicts.

This paper presents three broad characterizations founded on: the subject matter; the number of State Parties; and the intended objects and purposes of treaties. Respecting the intended objects and purposes, this paper presents three sub-characterizations, namely: universal character treaties; constitutional character treaties; and treaties with conflict resolution clauses. The results are variegated, but the discussions expose the mythic role of treaty characterization in the resolution of treaty conflicts.

Suggested Citation

Ghouri, Ahmad Ali, Is Characterization of Treaties a Solution to Treaty Conflicts? (June 1, 2012). Chinese Journal of International Law, Vol. 11, pp. 247-280, June 2012, Available at SSRN: https://ssrn.com/abstract=2165737

Ahmad Ali Ghouri (Contact Author)

Sussex Law School, University of Sussex ( email )

Falmer
Brighton BN1 9QN
United Kingdom

HOME PAGE: http://www.sussex.ac.uk/lps/internal/people/law/person/337963

University of Turku ( email )

Turku, 20014
Finland

HOME PAGE: http://www.utu.fi

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