Law Commons^™

The Death Of Treaty, Geoffrey R. Watson

Scholarly Articles

This Article explores the decline and fall of Treaty. Part I of the Article traces the origins and development of treaties. It argues that Treaty reached its political and doctrinal zenith in the nineteenth century, the "classical" era of international law, when diplomacy revolved around shifting bilateral treaty relations, and a state's promise was binding only if made in the context of a formal international agreement. Treaties were the centerpiece of a "contract" model of international relations. Part II explores the subsequent doctrinal disintegration of Treaty. It asserts that the traditional "contract" model of treaty doctrine has been challenged by …

Survival Of Rights Under The Nuclear Non-Proliferation Treaty: Withdrawal And The Continuing Right Of International Atomic Energy Agency Safeguards, Antonio F. Perez

Scholarly Articles

In developing its thesis, this Article will review the history and purpose of IAEA safeguards and their relation to the NPT, and then show that special inspections in the DPRK represent a transitional moment for the IAEA safeguards system.

This Article will then consider two different arguments in favor of a continuing right to inspections even against a state exercising its right to withdraw from the NPT to escape its safeguards obligations: the first identifies circumstances under which a state would not have the right to withdraw from the NPT; and the second asserts that the effects of withdrawal from …