Abstract
This essay reviews George Nolte’s 2018 book, Treaties and their Practice – Symptoms of Their Rise and Decline. In particular, it engages with Nolte’s analogy of treaty-making to the crew tying Ulysses to the mast in their encounter with the Sirens. It surveys a range of the most important treaty regimes today, including treaties on (i) international peace and security; (ii) human rights; (iii) trade; (iv) investment; and (v) the environment (chiefly, climate change). In doing so, the essay explores whether (and how well) Nolte employs treaty “practice” as a less myopic vehicle for evaluating modern treaty-making than the conventional emphasis on treaty texts alone. In particular, the review highlights a series of reinforcing dichotomies that Nolte (and others) may use to evaluate treaty-making – contrasting the treaty’s rise with its decline; narrow meanings of practice with broad ones; legal applications with political tensions; treaty compliance with treaty effectiveness; and a bird’s eye view with the perspective of a worm. Each dichotomy helps international lawyers look beyond treaty texts and reorient their focal points for a broader – and more pluralist – vision of the role of treaties in the current age.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call