Bilateralism and Community in Treaty Law and Practice – From Warriors, Workers and (Hook-) Worms

Abstract

This chapter tests the strength of Judge Bruno Simma’s thesis – that community interest must have an increasingly prominent role in international law – by reference to three different areas of international regulation, namely armed conflict, labour and epidemics. The author considers the principles underlying the law in each of these three areas; the processes for the preparation of the law and its coming into force; its application, interpretation and implementation; and withdrawal from it. While the legal regimes in each area have a treaty base, it is argued that they may not be usefully considered in purely contractual or transactional, bilateral and private interest terms which emphasise the reciprocal interests of the State parties. Ideas of public good and public interest, legislation, administration, adjudication, and constitutionalisation are also required. The chapter undertakes the examination by reference to the Vienna Convention on the Law of Treaties, a text of fundamental authority which extends far beyond its formal reach.

Keywords: International law, treaty law, armed conflict, international humanitarian law, labour, International Labour Organisation, epidemics, World Health Organisation, Vienna Convention.

JEL Classification: K33