Preface

This is a commentary on the Vienna Convention on the Law of Treaties

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of 1969 (henceforth: the Convention) and as such an exercise in inter-

preting its provisions and establishing their meaning and scope. It is not

a manual, even less a monograph, on the law of treaties. Such a commen-

tary appears called for in view of the Convention’s central importance for

international law, the abundance of State and court practice and literature

on individual Convention provisions, and the exceptionally rich strata of

travaux préparatoires, in particular the drafts and debates of the ILC and

the Vienna Conference of 1968 and 1969. Heavy reliance has thus been

placed on all these materials.

Methode haben heisst, mit dem Weg der Sache gehen (Simma). The com-

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mentary’s aim is to explain the content of the various articles in a broader

sense, including its history, its place in international law, and its relations

with other articles of the Convention. The commentary also includes the

declarations, resolutions and annexes pertaining to various articles. Where

disputed issues arise, a brief analysis has been included wherever possible.

The result should provide the “crucible” envisaged by the International

Law Commission (ILC) when interpreting an international treaty provi-

sion (Article 31, N. 29).

In order to assist further in the interpretation of the articles, the com-

3

mentary provides separate sections on the History of the Convention (q.v.)

and on Customary International Law (q.v.). There is also a compilation of

the Reservations and Declarations to the Convention and Objections Thereto

(q.v.), the Final Act to the Convention (q.v.), and the current Status of

the Convention (q.v.)

It is hoped that the structure and contents of this commentary will be

4

useful for practitioners and academic teachers alike. Clarity of presenta-

tion was indeed a major objective. A further important aim was to bring

to light the intricate network which the Vienna Conference and the ILC

wove among the various provisions of the Convention, and to provide the

necessary cross-references.

Of particular help proved to be the compilation of materials by Wetzel/

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Rauschning, “The Vienna Convention on the Law of Treaties. Travaux

préparatoires” (1978), as well as Aust’s masterful second edition of his

“Modern Law of Treaties” (2007). The magisterial three volumes edited

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preface

Above all, my thanks go to the Swiss National Research Foundation (Nation-

1

alfonds) which most generously o ered to contribute to the preparation

of this work. In particular, the contribution enabled two persons to assist

me in the preparation of the manuscript. Thus, Dr. Alison Wiebalck

compiled the literature and practice for, and prepared the basis of, the com-

mentaries to Articles 1, 2, subpara. 1(a), 6, 7, 11–15, 15—Declaration, 27,

46, 50, 51, 52, 52—Declaration, 52—Resolution, 63, and 73–75. She also

read through and corrected all other commentaries. Ms lic. iur. Nadine

Geiger assisted in the compilation of the literature and practice for the

remaining articles and undertook preparatory work for the commentaries

to Articles 76 and 77.

I wish warmly to thank my mentor and friend, Professor Georg Ress,

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formerly President of Section III of the European Court of Human Rights,

for having prepared the foreword to this book. My further thanks go to

Mrs Nora Binder, librarian at the European Court of Human Rights,

and her sta who helped me over the years in my research.

I sincerely thank my mother, Mrs E. Stuber-Villiger, who read through

3

and corrected the various sections. Over many years my wife Bernadette

and my children Patrick and Catherine Villiger were, once again, the

day-to-day companions of this work. My sincerest thanks go to them. They

showed not only unwavering patience and understanding but also much

interest in the various topics and generally in the evolution of the book.

My wife carefully corrected the various texts.

Professors Dr. Walter Haller and Dr. Daniel Thürer of the University

4

of Zurich provided much support during the preparation of the book, and

I warmly thank them for that. My thanks also go to other professors and

students who over the years provided much stimulation and motivation

to write the book.

My thanks also go to Brill publishers, in particular Mesdames L. Melman,

5

B. Timmer and M. Schouten-Vink, who graciously and patiently accom-

panied the preparation of this volume.

For two and a half decades I have worked in various functions in the former

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European Commission of Human Rights and in the current European

Court of Human Rights in Strasbourg, now as a Judge in respect of the

Principality of Liechtenstein. It was in countless deliberations and discussions

xxii

acknowledgments