Conceptual And Contextual Perspectives On The Modern Law Of Treaties
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Author | : Michael J. Bowman |
Publisher | : Cambridge University Press |
Total Pages | : 1171 |
Release | : 2018-10-25 |
Genre | : Law |
ISBN | : 1107100526 |
In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.
Author | : Richard K. Gardiner |
Publisher | : Oxford University Press, USA |
Total Pages | : 577 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199669236 |
The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Author | : Jörg Kammerhofer |
Publisher | : Cambridge University Press |
Total Pages | : 391 |
Release | : 2021-05-06 |
Genre | : Law |
ISBN | : 1108839177 |
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Author | : Malgosia Fitzmaurice |
Publisher | : Cambridge University Press |
Total Pages | : 427 |
Release | : 2020-06-25 |
Genre | : Law |
ISBN | : 1108495885 |
The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.
Author | : Kriangsak Kittichaisaree |
Publisher | : Edward Elgar Publishing |
Total Pages | : 355 |
Release | : 2020-03-28 |
Genre | : Law |
ISBN | : 1839102195 |
This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.
Author | : |
Publisher | : |
Total Pages | : 486 |
Release | : 2009 |
Genre | : Commercial treaties |
ISBN | : 9780191705588 |
This text analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.
Author | : Ulf Linderfalk |
Publisher | : Springer Science & Business Media |
Total Pages | : 429 |
Release | : 2007-09-11 |
Genre | : Law |
ISBN | : 1402063628 |
This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.
Author | : Christian Djeffal |
Publisher | : Cambridge University Press |
Total Pages | : 451 |
Release | : 2016 |
Genre | : Law |
ISBN | : 110711831X |
How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
Author | : Duncan B. Hollis |
Publisher | : |
Total Pages | : 897 |
Release | : 2020 |
Genre | : Law |
ISBN | : 019884834X |
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Author | : Duncan B. Hollis |
Publisher | : Oxford University Press |
Total Pages | : 1173 |
Release | : 2020-05-28 |
Genre | : Law |
ISBN | : 0192587749 |
The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.