Wednesday, November 7, 2012

Mertsch: Provisionally Applied Treaties: Their Binding Force and Legal Nature

Anneliese Quast Mertsch has published Provisionally Applied Treaties: Their Binding Force and Legal Nature (Martinus Nijhoff Publishes 2012). Here's the abstract:
In Provisionally Applied Treaties: Their Binding Force and Legal Nature, Anneliese Quast Mertsch examines the binding force and legal nature of treaties during the period of their provisional application, a subject the importance of which in practice is not reflected in the relatively limited attention paid to it in academic writing. She analyses academic opinion and international practice (including especially the manifestations of the intentions of the parties) on the subject. Whilst commonly considered as being in a class of their own, the book instead suggests that provisionally applied treaties are agreements whose binding force and legal nature can vary and should be determined on a case-by-case basis, as is done with other agreements in international law.