Interpretation and Revision of International Boundary Decisions

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Publisher : Cambridge University Press
ISBN 13 : 1139463020
Total Pages : 26 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Interpretation and Revision of International Boundary Decisions by : Kaiyan Homi Kaikobad

Download or read book Interpretation and Revision of International Boundary Decisions written by Kaiyan Homi Kaikobad and published by Cambridge University Press. This book was released on 2007-05-31 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to examine a consistent theme occurring in judgements and awards given by international tribunals in the matter of boundary disputes, a theme which is predicated on finding some sort of difficulty in the implementation of those awards and judgements. This is a feature prominent in boundary and territorial disputes inasmuch as decisions relative to title to territory and location of a boundary line are always keenly contested and hotly disputed. Two remedies which have frequently been relied on by States are those of interpretation and revision. The author sheds light on how, when and in what circumstances will the tribunal be able to interpret or revise either its own or another tribunal's decisions. By doing so, the study succeeds in contributing to an understanding of this area of the law.

Interpretation, Revision and Other Recourse from International Judgments and Awards

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Publisher : BRILL
ISBN 13 : 9047421469
Total Pages : 224 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Interpretation, Revision and Other Recourse from International Judgments and Awards by : Shabtai Rosenne

Download or read book Interpretation, Revision and Other Recourse from International Judgments and Awards written by Shabtai Rosenne and published by BRILL. This book was released on 2007-08-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there had been a few cases of the interpretation of judgments of the Permanent Court of International Justice and the International Court of Justice, it was not until the mid-1980s that serious judicial discussion of the related problems of the interpretation and revision by the International Court of one of its own judgments came before the Court. Similar cases have also arisen in international arbitration proceedings between States. Interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal have produced a complex pattern of black letter texts supplemented by an even more complex set of judge made rules and practices. The close tie between the final decision and the highly political context of the obligation to comply with it produces a continuing tension between the finality of the decision and any one of the possible references in recourse from it. If any tendency can be discerned from the relevant materials it is in the strong preference for maintaining the integrity and the authority of the res judicata, provided that no obvious miscarriage of justice is engendered. Interpretation is preferable to revision. This book is the first in the series International Litigation in Practice. The series will consist of short, concise, practical booklets to be of use for practitioners pleading before international courts and tribunals, and everyone else involved and / or interested in the activities of these courts.

Treaty Interpretation

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Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Treaty Interpretation by : Richard K. Gardiner

Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Treaty Interpretation by the WTO Appellate Body

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Publisher :
ISBN 13 : 0199562237
Total Pages : 487 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Treaty Interpretation by the WTO Appellate Body by : Isabelle Van Damme

Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.

International Investment Law and Legal Theory

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Publisher : Cambridge University Press
ISBN 13 : 1108839177
Total Pages : 391 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Investment Law and Legal Theory by : Jörg Kammerhofer

Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

International Law

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Publisher : Cambridge University Press
ISBN 13 : 1316991741
Total Pages : 1123 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis International Law by : Malcolm N. Shaw

Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2017-09-14 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

Borders: A Very Short Introduction

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Publisher : Oxford University Press
ISBN 13 : 0199912653
Total Pages : 152 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Borders: A Very Short Introduction by : Alexander C. Diener

Download or read book Borders: A Very Short Introduction written by Alexander C. Diener and published by Oxford University Press. This book was released on 2012-08-06 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compelling and accessible, this Very Short Introduction challenges the perception of borders as passive lines on a map, revealing them instead to be integral forces in the economic, social, political, and environmental processes that shape our lives. Highlighting the historical development and continued relevance of borders, Alexander Diener and Joshua Hagen offer a powerful counterpoint to the idea of an imminent borderless world, underscoring the impact borders have on a range of issues, such as economic development, inter- and intra-state conflict, global terrorism, migration, nationalism, international law, environmental sustainability, and natural resource management. Diener and Hagen demonstrate how and why borders have been, are currently, and will undoubtedly remain hot topics across the social sciences and in the global headlines for years to come. This compact volume will appeal to a broad, interdisciplinary audience of scholars and students, including geographers, political scientists, anthropologists, sociologists, historians, international relations and law experts, as well as lay readers interested in understanding current events.

Investment Treaties and the Legal Imagination

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Publisher : Oxford University Press, USA
ISBN 13 : 0198862148
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone

Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

Title to Territory

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Publisher : Routledge
ISBN 13 : 9781840144635
Total Pages : 0 pages
Book Rating : 4.1/5 (446 download)

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Book Synopsis Title to Territory by : Malcolm Nathan Shaw

Download or read book Title to Territory written by Malcolm Nathan Shaw and published by Routledge. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains essays describing the role of territory in international law. This book also describes how the international legal system accepts and regulates the apportionment of territory between states, and regulates boundary questions.

Asian Approaches to International Law and the Legacy of Colonialism

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Publisher : Routledge
ISBN 13 : 0415679788
Total Pages : 186 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis Asian Approaches to International Law and the Legacy of Colonialism by : Kevin Tan

Download or read book Asian Approaches to International Law and the Legacy of Colonialism written by Kevin Tan and published by Routledge. This book was released on 2013 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region's historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.

The Bakassi Dispute and the International Court of Justice

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Publisher : Routledge
ISBN 13 : 1317040740
Total Pages : 303 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Bakassi Dispute and the International Court of Justice by : Edwin Egede

Download or read book The Bakassi Dispute and the International Court of Justice written by Edwin Egede and published by Routledge. This book was released on 2017-12-14 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.

ASEAN International Law

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Publisher : Springer Nature
ISBN 13 : 9811631956
Total Pages : 663 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis ASEAN International Law by : Eric Yong Joong Lee

Download or read book ASEAN International Law written by Eric Yong Joong Lee and published by Springer Nature. This book was released on 2021-10-13 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region’s global impact, this book is of interest to Asia watchers, academics and policymakers alike.

The 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective

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Publisher : Springer Nature
ISBN 13 : 9462654395
Total Pages : 756 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis The 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective by : Andrea de Guttry

Download or read book The 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective written by Andrea de Guttry and published by Springer Nature. This book was released on 2021-04-01 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of ‘no war, no peace’ that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa. Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy. Harry H.G. Post is Adjunct Professor in the Faculté Libre de Droit of the Université Catholique de Lille in Lille, France. Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Università degli Studi di Milano in Milan, Italy.

Evolving Principles of International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004192263
Total Pages : 350 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Evolving Principles of International Law by : Eva Rieter

Download or read book Evolving Principles of International Law written by Eva Rieter and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an overview of some emerging trends and structural patterns in the development of international law, highlighting its evolution over the course of time, and discussing leading principles through various different thematic lenses.

Guide to Foreign and International Legal Citations

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Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Guide to Foreign and International Legal Citations by :

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

Cross-border Water Trade: Legal and Interdisciplinary Perspectives

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Publisher : BRILL
ISBN 13 : 9004382895
Total Pages : 402 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Cross-border Water Trade: Legal and Interdisciplinary Perspectives by : Piotr Szwedo

Download or read book Cross-border Water Trade: Legal and Interdisciplinary Perspectives written by Piotr Szwedo and published by BRILL. This book was released on 2018-11-13 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

The International Legal Order: Current Needs and Possible Responses

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Publisher : BRILL
ISBN 13 : 9004314377
Total Pages : 843 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The International Legal Order: Current Needs and Possible Responses by : James Crawford

Download or read book The International Legal Order: Current Needs and Possible Responses written by James Crawford and published by BRILL. This book was released on 2017-04-03 with total page 843 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.