Typologies and the 'essential juridical character' of treaties

Legal scholarship, doctrine and practice differentiate between treaties. References to ‘peace treaties’, ‘environmental treaties’, ‘fundamental treaties’, ‘contract treaties’, ‘constitutional treaties’, ‘self-executing treaties’ are a received part of public international law discourse. Classifications of treaties are also not new. In his 1930 article for the British Yearbook of International Law, McNair distinguished between ‘widely differing functions and legal character of the instruments which it is customary to comprise under the term "treaty". This chapter aims to trace classifications of treaties prevalent in international affairs today, and to look at their significance within and outside the law of treaties framework. Findings may further our understanding of the various treaty typologies used, often without clarity about the implications.