THE SURVIVAL OF THE SECRET TREATY: PUBLICITY, SECRECY, AND LEGALITY IN THE INTERNATIONAL ORDER'

• 成果类型: Article
• 署名作者: Donaldson, Megan
• 署名单位: University of Cambridge; University of Cambridge
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2017.60
• 发表日期: 2017
• 页码: 575-627
• 关键词: executive agreements; wichale; LAW

摘要

This article offers the first detailed history of the norm of treaty publication as it has evolved over the last century. Drawing on both public debates and archives of foreign ministries, it traces how, and why, secret treaties have persisted, even in liberal democracies. It challenges assumptions of ever-greater transparency over time, and complicates the associations made-by interwar reformers and international lawyers today-between the norm of treaty publication and ideals of legality in the international order.