The question of conflict between treaties, or incompatibility of treaties with one another, is a complicated matter and it cannot be said that clear guidance has yet come from judicial or arbitral sources.
McNair's view may lead the reader to turn to Chapter 13; and it has to be said that, although the relationship between successive treaties can be immensely difficult, it does not cause daily consternation in the legal departments of foreign ministries. But, since McNair wrote in 1961, the topic has gained in importance. Because of the greater number and complexity of multilateral treaties, particularly on the environment, questions increasingly arise as to the relationship between successive treaties. In recent years, more has been written on the problem. But it is the sort of puzzle that is difficult to study in the abstract; it can be done properly only in relation to actual treaties and real problems. This chapter will therefore concentrate more on what rules there are, and practical ways of seeking to overcome future problems.
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