Invalidity and the Law of Treaties (Paperback, New)

Although a good deal of attention has been paid to the jus cogens as a basis for undermining the validity of the treaty, the remaining provisions of the Vienna Convention on the Law of Treaties dealing with invalidity are either ignored or dealt with in a cursory fashion. This book examines these neglected provisions and enquires whether they can be said to represent customary international law (the usual justification for applying the Convention's rules of States which are not parties to the Convention) and whether they can be linked in a plausible manner to the notion of separability in Article 44 of the Convention. Article 44 excludes a number of provisions from the operation of separability in a way that may not be justified. In addition, it opens up the opportunity for States to avoid the application of separability to their treaties on grounds that are open to a subjective determination supported by distinctly subjective evidence.