Preface

This is a commentary on the Vienna Convention on the Law of Treaties	1
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-	2
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/	5
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

xx

preface

by Corten/Klein, “Les Conventions de Vienne sur le droit des traités. Commentaire article par article” (2006), also proved to be most stimulating.

6Unfortunately, this commentary has for di erent reasons (not least time) not dealt with the provisions of the Vienna Convention on Treaties between States and International Organisations or Between International Organisations of 1986. Hopefully, this may occur in a second edition.

Acknowledgments

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,	2
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	6
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

with Judges and Members of the Commission and with members of the Registry and the Secretariat that I learned to interpret and apply an international treaty, i.e., the European Convention on Human Rights. Court and Commission have shaped my views on international treaty law, and this book is dedicated to them and the many Judges and Commission members, in sincere gratitude.

7While I remain indebted to these and many other friends, colleagues, teachers and students, the responsibility for any errors or omissions in the text remains, of course, entirely my own.

Mark E. Villiger

Strasbourg/France, 1 July 2008