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Case Concerning The Right Of Passage Over Indian Territory Portugal V India
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Book Synopsis Case Concerning Right of Passage Over Indian Territory (Portugal V. India). by : International Court of Justice
Download or read book Case Concerning Right of Passage Over Indian Territory (Portugal V. India). written by International Court of Justice and published by . This book was released on 1960 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Case Concerning Right of Passage Over Indian Territory (Portugal V. India) by : Portugal
Download or read book Case Concerning Right of Passage Over Indian Territory (Portugal V. India) written by Portugal and published by . This book was released on 1960 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Affaire Du Droit de Passage Sur Territoire Indien by : Portugal
Download or read book Affaire Du Droit de Passage Sur Territoire Indien written by Portugal and published by . This book was released on 1960 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Contractual Nature of the Optional Clause by : Gunnar Törber
Download or read book The Contractual Nature of the Optional Clause written by Gunnar Törber and published by Bloomsbury Publishing. This book was released on 2015-07-16 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Article 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Article 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based, inter alia, on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations.
Book Synopsis The Settlement of International Disputes by : Nii Lante Wallace-Bruce
Download or read book The Settlement of International Disputes written by Nii Lante Wallace-Bruce and published by Martinus Nijhoff Publishers. This book was released on 1998-02-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.
Book Synopsis The Peaceful Settlement of International Disputes by : Yoshifumi Tanaka
Download or read book The Peaceful Settlement of International Disputes written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2018-01-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing not only inter-state dispute settlement but also the settlement of disputes involving non-State actors, The Peaceful Settlement of International Disputes offers a clear and systematic overview of the procedures for dispute settlement in international law. In light of the diversification of dispute settlement procedures, traditional means of international dispute settlement are discussed alongside newly developing fields such as the dispute settlement system under the United Nations Convention on the Law of the Sea, the WTO dispute settlement systems, the peaceful settlement of international environmental disputes, intra-state disputes, mixed arbitration, the United Nations Compensation Commission, and the World Bank Inspection Panel. Figures are used throughout the book to help the reader to better understand the procedures and institutions of international dispute settlement, and suggestions for further reading support exploration of relevant issues. Suitable for postgraduate law and international relations students studying dispute settlement in international law and conflict resolution, this book helps students to easily grasp key concepts and issues.
Book Synopsis The International Minimum Standard and Fair and Equitable Treatment by : Martins Paparinskis
Download or read book The International Minimum Standard and Fair and Equitable Treatment written by Martins Paparinskis and published by OUP Oxford. This book was released on 2013-01-31 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.
Book Synopsis Digest of International Law by : Marjorie Millace Whiteman
Download or read book Digest of International Law written by Marjorie Millace Whiteman and published by . This book was released on 1963 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Law Reports by : Elihu Lauterpacht
Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 2004-10-14 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consolidated table of cases will be an essential reference guide to the International Law Reports.
Book Synopsis International Law by : Donald Rothwell
Download or read book International Law written by Donald Rothwell and published by Cambridge University Press. This book was released on 2014 with total page 919 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law: Cases and Materials with Australian Perspectives is the authoritative textbook for Australian international law students. Written by a team of experts, it examines how international law is developed, implemented and interpreted, and features comprehensive commentary throughout. All core areas of the law are covered, with chapters on human rights, law of the sea, international environmental law and enforcement of international law. Cases and treaties are dissected to highlight the key principles, rules and distinctive learning points. This new edition has been thoroughly updated in line with recent developments in the field and includes a new chapter on the use of force, as well as expanded content on the enforcement of international law, including sanctions, law enforcement against pirates and the 2011 Libyan conflict. International Law provides clear and rigorous analysis and is an indispensable resource for law students. Donald R. Rothwell is Professor of International Law at the ANU College of Law at the Australian National University. Stuart Kaye is Professor of Law and Director at the Australian National Centre for Ocean Resources and Security at the University of Woollongong. Afshin Akhtarkhavari is Associate Professor and Reader in Law at the Griffith Law School. Ruth Davis is Lecturer in Law in the Faculty of Law, Humanities and the Arts at the University of Woollongong.
Book Synopsis Methods of Resolving Conflicts between Treaties by : Seyed-Ali Sadat-Akhavi
Download or read book Methods of Resolving Conflicts between Treaties written by Seyed-Ali Sadat-Akhavi and published by BRILL. This book was released on 2021-10-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Fundamentals of Public International Law by : Giovanni Distefano
Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.
Book Synopsis China and International Adjudication by : Thomas S. Eder
Download or read book China and International Adjudication written by Thomas S. Eder and published by Nomos Verlag. This book was released on 2021-03-18 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: China will eine "Führungsnation" im Völkerrecht werden. Dieses Buch zeigt mit einer ersten umfassenden Analyse von Fallrecht und chinesischen akademischen Debatten von 2002 bis 2018, dass die verstärkte Nutzung von internationalen Gerichten Teil eines breiten Unterfangens ist, Chinas wirtschaftliche und politische Erfolge zu konsolidieren, und erneut Großmachtstatus zu erlangen. Handels- und Investmentrecht, Seerecht und territoriale Fragen werden abgedeckt – auch zum Südchinesischen Meer – und ein jahrzehntelanger Prozess zwischen Vorsicht und Ambition nachgezeichnet. Diskussionsmuster und tatsächliches Engagement Chinas in allen Rechtsbereichen zeigen bemerkenswerte Gemeinsamkeiten, lediglich die Zeitpläne sind unterschiedlich.
Book Synopsis Custom and Its Interpretation in International Investment Law: Volume 2 by : Panos Merkouris
Download or read book Custom and Its Interpretation in International Investment Law: Volume 2 written by Panos Merkouris and published by . This book was released on 2024-01-10 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.
Book Synopsis The Persistent Objector Rule in International Law by : James A. Green
Download or read book The Persistent Objector Rule in International Law written by James A. Green and published by Oxford University Press. This book was released on 2016-03-03 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the rule may be interpreted as straightforward: to preserve the fundamentalist positivist notion that any norm of international law can only bind a state that has consented to be bound by it. In reality, however, numerous unanswered questions exist about the way that it works in practice. Through focused analysis of state practice, this monograph provides a detailed understanding of how the rule emerged and operates, how it should be conceptualised, and what its implications are for the binding nature of customary international law. It argues that the persistent objector rule ultimately has an important role to play in the mixture of consent and consensus that underpins international law.
Book Synopsis The Effect of Directives Within the Area of Direct Taxation on the Interpretation and Application of Tax Treaties by : Mees Vergouwen
Download or read book The Effect of Directives Within the Area of Direct Taxation on the Interpretation and Application of Tax Treaties written by Mees Vergouwen and published by Kluwer Law International B.V.. This book was released on 2023-07-14 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recognition of the considerable attention in recent years given to the effect of EU directives on tax treaties, this important book for the first time brings a combined public international law and European Union law perspective to bear on certain directives – primarily the Parent-Subsidiary Directive, the Merger Directive, the Interest and Royalty Directive, and the Anti-Tax Avoidance Directives – and their interaction with tax treaties concluded by EU Member States. In this area of direct international taxation, the author examines the effect of tax treaties on both the interpretation and application of directives in depth. In clarifying how directives can affect or are allowed to affect, tax treaties, the book provides detailed analyses of such aspects as the following: status of directives under public international law, including relevant provisions of the Vienna Convention on the Law of Treaties and the OECD Model Tax Treaty; whether national law aimed at implementing a directive may be able to override a tax treaty or may be overridden by such a tax treaty; whether the lex posterior and lex specialis conflict rules under public international law are applicable to conflicts between directives and tax treaties; the role of directives under the interpretative provision of the Vienna Convention on the Law of Treaties, the OECD Model Tax Treaty and the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting; legal basis and application of the duty of consistent interpretation to tax treaties; and scope of the primacy of directives with respect to tax treaties. The book offers insightful and well-informed recommendations aimed at aligning the ‘allowed’ effect under public international law and the ‘required’ effect under the laws of the European Union of the directives on tax treaties, with a view to ensuring that directives affect tax treaties in such a way that tax treaties cannot prevent achievement of the result of a directive. The analysis is based primarily on legal doctrines, literature, and case law of the CJEU, ICJ, and arbitral tribunals. As a highly informative and closely reasoned guide that offers clear perspectives on resolving any conflict that may arise between a directive and a tax treaty, this book will be of inestimable value for tax practitioners and advisers, judges, policymakers, tax authorities, and academics whose work involves tax treaties concluded by EU Member States.
Book Synopsis International Law by : Donald R Rothwell
Download or read book International Law written by Donald R Rothwell and published by Cambridge University Press. This book was released on 2018-08-29 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, International Law: Cases and Materials with Australian Perspectives remains an authoritative textbook on international law for Australian students. With a strong focus on Australian practice and interpretation, the text examines how international law is developed, implemented and interpreted within the international community and considers new and developing approaches within this field. This edition has been comprehensively updated to address recent developments in international law. The selection of cases and materials provides a thorough coverage of core areas and addresses a range of contemporary challenges, including climate change, human rights, nuclear proliferation and the South China Sea. A new chapter on international trade law reflects the growing importance of this body of law in Australian practice. Guiding commentary provides a rigorous analysis of key principles. Written by a team of experts with substantial experience in this field, International Law is an essential resource for students.
