The chapter gives advice on how to draft a treaty, an exchange of notes or a non-legally binding instrument. It goes through all the main components of a treaty text, including the name, preamble, main text, final clauses and testimonium. It covers the drafting of provisions concerning signature, ratification, entry into force and provisional application. It highlights the special considerations which apply to an exchange of notes or letters, including the procedures involved. The second part of the chapter gives practical advice on certain basic drafting techniques.

This chapter on fact-finding and expert evidence considers how the Court has treated competing evidentiary claims, and how it engages in a fact-finding process, looking at the evolution of the Court’s process in this regard. The author evaluates the significant criticism that has been directed against the Court in respect of its approach to fact-finding and the ways in which the Court has begun to address those criticisms.

Normally, treaties contain express provision on duration and termination. These can take a variety of forms, including indefinite duration with a right to terminate, or a conditional right to terminate. Various types of clauses are examined, together with the situation where a treaty contains no provision for termination or withdrawal. A treaty may also be terminated by consent or by conclusion of a later treaty. The chapter examines the relationship between treaty provisions and countermeasures, and analyses the right of one or more parties to terminate or suspend a treaty for material breach. It also examines other grounds for termination, including supervening impossibility of performance and fundamental change of circumstances (rebus sic stantibus), the procedure for termination, and special circumstances such as the severance of diplomatic relations or outbreak of hostilities.

The chapter examines the ICJ’s contribution to the law on the use of force. The author considers the Court’s case law on the prohibition of the use of force and its potential exceptions, most notably the law on individual and collective self-defence. He identifies the main conceptualisations, inconsistencies, disagreements, and limitations of the Court’s opinions, arguing that although the Court initially had a significant influence, it has faded significantly over the years as a result of what appears to be a conscious or strategic decision of its judges.

There is a connection between the habits of thinking in science, economics and diplomacy that are hindering our response to climate change. Western science since the Enlightenment has built its success on reductionism. This has left us less good than we need to be at thinking holistically, and at understanding the potential for systemic change in our environment, economy, and international relations. New ways of thinking can take generations to spread through society and displace their predecessors. In our present crisis, we must accelerate this process deliberately – we cannot afford to wait.

The chapter deals with the role of the ICJ in the development of international law from both a doctrinal and a practical perspective. It considers concrete examples of the way in which the Court’s judgments and opinions have had an influence on the development of international law, and it concludes that the Court has in practice had a significant impact on the development of international law, even though that goes beyond its core mandate.

The trade that destroys forests is worth a hundred times the money that is spent on protecting them. This will only change if the top producer and consumer countries of forest-risk commodities agree steps to shift global markets towards sustainability. We brought these countries together for the first time, to see if it could be done.

The ICJ’s contribution to the law on jurisdictional immunities is elucidated by Professor Roger O’Keefe. He argues that, through its case law in this area, the ICJ has affirmed basic aspects of the international law of jurisdictional immunities, clarified a few more specific points, and variously crystallised, consolidated, and catalyzed the further development of important customary rules on controversial issues in relation to civil and criminal proceedings respectively. Through its work in this field, the Court has reasserted an orthodox, possibly conservative vision of the role of jurisdictional immunities in the international legal order.

This chapter describes the working practices of the Court, and the reforms made to increase the speed of cases, as well as to improve the processes. The author notes that the Court has demonstrated significant agility in its more recent amendments to the Rules to take account of the worldwide pandemic, and argues that there is evidence to suggest that the Court is becoming more assertive, moving away from its traditionally high level of deference to States.

Estimates of the economic costs of climate change rely on guesswork in the face of huge uncertainties, and arbitrary judgements about what is important. The models can produce any number their creators want them to; and typically, they trivialise the risks. Despite being described as ‘worse than useless’ by leading academics, economic analysis of this kind has been credited with a Nobel Prize, and it continues to inform government policy.

Property law is increasingly confronted with limits and modifications arising from environmental and social contexts. The objective of this chapter is to highlight how property law can provide answers to environmental challenges, by adapting several of its fundamental concepts to the polymorphism of environmental and social issues. Starting with a study of the theoretical movement of Earth jurisprudence, the chapter suggests that it is possible to consider Nature as a subject of legal interests, allowing it to acquire legal standing. It also suggests that it is necessary to reconceptualise property and its narrative to develop, in both civil and common law, a more limited, relational and functional conception of property. In addition, the polymorphic heritage of property law makes it possible to call upon the civilian concept of patrimony, in its symbolic or technical function, to protect the environment.

Non-legally binding instruments do not constitute treaties but they are widely used by states and international organisations as a form of political commitment. They have various titles, the most common of which is memorandum of understanding, although some states use this title also for treaties with a certain subject matter. In the multilateral context, non-binding instruments are often used for plans of action, guidelines and other forms of standard setting. To ensure that an instrument is non-legally binding, care must be taken in the drafting to evidence that intention, including use of the right terminology. An examination of state practice reveals broadly similar principles. Why do states and international organisations use non-legally binding instruments in preference to treaties? Reasons include confidentiality, lack of formality, and ease of amendment and termination. But there are risks, including possible lack of respect for commitments and lack of care in drafting. Non-legally binding instruments, both bilateral and multilateral instruments, may in some contexts be regarded as a form of soft law. They may also exceptionally give rise to estoppel. Non-legally binding instruments may also be evidence of a state’s decision or policy in the context of judicial review by domestic courts.

This chapter explains the role played by reservations, the application of the rules of the Vienna Convention on the Law of Treaties, and practice in dealing with reservations. It defines reservations and distinguishes them from interpretative declarations and political declarations. It examines whether reservations are permissible or impermissible, including the test whether a reservation is incompatible with the object and purpose of the treaty. It also discusses the rules governing acceptance and objection, the legal effect of reservations, the question whether a prohibited reservation can be severed, and special cases such as human rights treaties, reservations relating to internal law, vague or general reservations, reference to Islamic law, late reservations, and the role of treaty monitoring bodies. It analyses the procedure for making or objecting to reservations or withdrawing them, and the functions of the depositary in relation to reservations.