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42 German Y.B. Int'l L. 26 (1999)
The Changing Legal Structure of International Treaties as an Aspect of an Emerging Global Governance Architecture

handle is hein.journals/gyil42 and id is 27 raw text is: The Changing Legal Structure of International Treaties as an Aspect of an Emerging Global Governance Architecture By Christian Tietje I. Introduction - Compliance and Governance Strategies as Part of the Changing Structure of International Treaties Public international law, as students learn and know it today, is different from what has been taught at universities and elsewhere for many generations. The growing complexity of international relations, the move from internationalization towards globalization,1 is not only a sociological phenomenon but implies dramatic challenges for international lawyers and the international legal system in toto. Inter- national treaties are at the center of this development from the legal perspective. They are among the recognized sources of public international law, as stipulated in Article 38 of the Statute of the International Court of Justice,' and are the most im- portant instruments used to shape the face of an ever growing and developing inter- national regulatory system. International organizations are created by treaties; rights and duties are granted to States and individuals by treaties; disputes are settled by treaties; the results of complex negotiations on social, environmental, economic, security and other issues are laid down in treaties. It is, thus, the international treaty that is used increasingly as the basic international legislative instrument. Abram Chayes and Antonia Handler Chayes have clearly - and correctly - stressed this in their influential and most important book on The New Sovereignty, stating that in complex regulatory regimes, the armature on which the whole is constructed is commonly an act of formal lawmaking - a treaty.3 However, the nowadays increasingly seen importance of treaties is contrasted by a missing specific interest of international legal scholars on the law of treaties in its 1 For a description of the differences between internationalization and globalization see Jost Delbrfick, Globalization of Law, Politics, and Markets - Implications for Domestic Law - A European Perspective, Indiana Journal of Global Legal Studies, vol. 1, 1993, 9, 10 et seq.; on globalization and public international law see Stepban Hobe, Die Zukunft des V61kerrechts im Zeitalter der Globalisierung, Archiv des V61kerrechts (AVR), vol. 37, 1999, 253-282. 2 Statute of the International Court of Justice, 26 June 1945, 15 UNCIO 355. 'Abram Chayes/Antonia Handler Chayes, The New Sovereignty, 1995, 2.

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