Methods of Resolving Conflicts between Treaties

Methods of Resolving Conflicts between Treaties
Author: Seyed-Ali Sadat-Akhavi
Publisher: BRILL
Total Pages: 285
Release: 2021-10-18
Genre: Law
ISBN: 9004482083

Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.

International Law in a Transcivilizational World

International Law in a Transcivilizational World
Author: Onuma Yasuaki
Publisher: Cambridge University Press
Total Pages: 733
Release: 2017-02-15
Genre: Law
ISBN: 1107024730

This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

Methods of Resolving Conflicts Between Treaties

Methods of Resolving Conflicts Between Treaties
Author: Ali Sadat-Akhavi
Publisher: Martinus Nijhoff Publishers
Total Pages: 296
Release: 2003-01-01
Genre: Political Science
ISBN: 9789041120311

Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues. This work will assist and appeal to both academics in the fields of international law and political science and professionals engaged in international negotiations and treaty-making.

Conflict of Norms in Public International Law

Conflict of Norms in Public International Law
Author: Joost Pauwelyn
Publisher: Cambridge University Press
Total Pages: 557
Release: 2003-07-31
Genre: Law
ISBN: 1139436902

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

The Right to Food and the World Trade Organization's Rules on Agriculture

The Right to Food and the World Trade Organization's Rules on Agriculture
Author: Rhonda Ferguson
Publisher: BRILL
Total Pages: 305
Release: 2018-01-03
Genre: Law
ISBN: 9004345302

In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.

Strategically Created Treaty Conflicts and the Politics of International Law

Strategically Created Treaty Conflicts and the Politics of International Law
Author: Surabhi Ranganathan
Publisher: Cambridge University Press
Total Pages: 483
Release: 2014-12-18
Genre: Law
ISBN: 1316194736

Treaty conflicts are not merely the contingent or inadvertent by-products of the increasing juridification of international relations. In several instances, states have deliberately created treaty conflicts in order to catalyse changes in multilateral regimes. Surabhi Ranganathan uses such conflicts as context to explore the role of international law, in legal thought and practice. Her examinations of the International Law Commission's work on treaties and of various scholars' proposals on institutional action, offer a fresh view of 'mainstream' legal thought. They locate, in a variety of writings, a common faith in international legal discourse, built on liberal and constructivist assumptions. Ranganathan's three rich studies of treaty conflict, relating to the areas of seabed mining, the International Criminal Court, and nuclear governance, furnish a textured account of the specific forms and practices that constitute such a legal discourse and permit a grounded understanding of the interactions that shape international law.

Contemporary Issues in the Law of Treaties

Contemporary Issues in the Law of Treaties
Author: Malgosia Fitzmaurice
Publisher: Eleven International Publishing
Total Pages: 416
Release: 2005
Genre: Law
ISBN: 9077596062

This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.