The Spatial Dimension: Treaties and Territory

RESEARCH HANDBOOK ON THE LAW OF TREATIES, Christian Tams, Antonios Tzanakopoulos and Andreas Zimmermann, eds., Edward Elgar, 2013, Forthcoming

31 Pages Posted: 25 Nov 2012

See all articles by Marko Milanovic

Marko Milanovic

University of Nottingham School of Law

Date Written: November 25, 2012

Abstract

This chapter elaborates on the spatial dimension of treaties - their operation in, and with regard to territory. It attempts to unpack the several overlapping concepts that can hide behind deceptively simple terms such as the territorial application or scope of treaties. It examines, inter alia, Article 29 of the Vienna Convention on the Law of Treaties, territorial application in the sense of the physical location in which a state's party's obligations are to be performed, territorial application in the different sense of a treaty's binding effect with regard to a state's territorial sub-divisions, as well as the dedicated treaty clauses, reservations and unilateral declarations used by states to vary the territorial scope of application of treaties.

Keywords: treaties, territorial application, overseas territories, reservations

Suggested Citation

Milanovic, Marko, The Spatial Dimension: Treaties and Territory (November 25, 2012). RESEARCH HANDBOOK ON THE LAW OF TREATIES, Christian Tams, Antonios Tzanakopoulos and Andreas Zimmermann, eds., Edward Elgar, 2013, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2180597

Marko Milanovic (Contact Author)

University of Nottingham School of Law ( email )

Law and Social Sciences Building
University Park
Nottingham, NG7 2RD
United Kingdom

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