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The Law of Treaties Beyond the Vienna Convention$
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Enzo Cannizzaro

Print publication date: 2011

Print ISBN-13: 9780199588916

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199588916.001.0001

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The European Courts and the Law of Treaties: The Continuing Story

The European Courts and the Law of Treaties: The Continuing Story

(p.256) 16 The European Courts and the Law of Treaties: The Continuing Story
The Law of Treaties Beyond the Vienna Convention

Pieter Jan Kuijper

Oxford University Press

This chapter presents a critical analysis of the case law of the European Court of Justice and of the General Court relating to the application of the international law of treaties. It covers the some forty cases in which the Courts have referred explicitly to the Vienna Convention on the Law of Treaties 1969, and a few more where this happened implicitly, during the period 1998–2010. Inevitably the emphasis falls on the application of the rules of treaty interpretation to the international agreements concluded by the European Union (EU), but also to the founding treaties of the EU itself. The Courts have been confronted with great regularity with questions relating to the law of treaties and thus have become increasingly sophisticated in their use of it. The recent accusation that the Court is adverse to international law seems to be based on a few dramatic cases, not on the steady stream of smaller cases in which the law of treaties plays a role.

Keywords:   European Union, European Court of Justice, case law, Vienna Convention

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