The Breach of a Treaty

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Author :
Publisher : BRILL
ISBN 13 : 900436322X
Total Pages : 446 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Breach of a Treaty by : Maria Xiouri

Download or read book The Breach of a Treaty written by Maria Xiouri and published by BRILL. This book was released on 2021-03-15 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.

The Breach of a Treaty

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Author :
Publisher : Queen Mary Studies in Internat
ISBN 13 : 9789004361386
Total Pages : 364 pages
Book Rating : 4.3/5 (613 download)

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Book Synopsis The Breach of a Treaty by : Maria Xiouri

Download or read book The Breach of a Treaty written by Maria Xiouri and published by Queen Mary Studies in Internat. This book was released on 2021 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty according to the law of treaties and the law of State responsibility, namely, between the termination of the treaty or the suspension of its operation and countermeasures"--

An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach

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Publisher : UBC Press
ISBN 13 : 1895830532
Total Pages : 187 pages
Book Rating : 4.8/5 (958 download)

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Book Synopsis An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach by : Robert Mainville

Download or read book An Overview of Aboriginal and Treaty Rights and Compensation for Their Breach written by Robert Mainville and published by UBC Press. This book was released on 2001-04-01 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.

Suspension or Termination of Treaties on Grounds of Breach

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Author :
Publisher : BRILL
ISBN 13 : 9004641939
Total Pages : 221 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Suspension or Termination of Treaties on Grounds of Breach by : Mohammed M. Gomaa

Download or read book Suspension or Termination of Treaties on Grounds of Breach written by Mohammed M. Gomaa and published by BRILL. This book was released on 2023-10-09 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.

Breach of Treaty

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Author :
Publisher :
ISBN 13 : 9780906496367
Total Pages : 142 pages
Book Rating : 4.4/5 (963 download)

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Book Synopsis Breach of Treaty by : Shabtai Rosenne

Download or read book Breach of Treaty written by Shabtai Rosenne and published by . This book was released on 1985 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Breach of treaty, and its consequences, constitutes one of the central problems of international law. In this work - a contribution to the series of Hersch Lauterpacht Memorial Lectures - a foremost authority on the law of treaties examines the subject with particular reference to the provisions of the Vienna Convention on the Law of Treaties and the work of the International Law Commission on that subject and on State Responsibility.

Suspension Or Termination of Treaties on Grounds of Breach

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041102263
Total Pages : 228 pages
Book Rating : 4.1/5 (22 download)

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Book Synopsis Suspension Or Termination of Treaties on Grounds of Breach by : Mohammed M. Gomaa

Download or read book Suspension Or Termination of Treaties on Grounds of Breach written by Mohammed M. Gomaa and published by Martinus Nijhoff Publishers. This book was released on 1996-04-10 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.

Commentary on the 1969 Vienna Convention on the Law of Treaties

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Author :
Publisher : BRILL
ISBN 13 : 9004168044
Total Pages : 1093 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Commentary on the 1969 Vienna Convention on the Law of Treaties by : Mark Eugen Villiger

Download or read book Commentary on the 1969 Vienna Convention on the Law of Treaties written by Mark Eugen Villiger and published by BRILL. This book was released on 2009 with total page 1093 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.

State Responsibility for Breaches of Investment Contracts

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Publisher : Cambridge University Press
ISBN 13 : 1108415849
Total Pages : 379 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis State Responsibility for Breaches of Investment Contracts by : Jean Ho

Download or read book State Responsibility for Breaches of Investment Contracts written by Jean Ho and published by Cambridge University Press. This book was released on 2018-10-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.

The Law of Treaties Beyond the Vienna Convention

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Publisher : American Chemical Society
ISBN 13 : 0199588910
Total Pages : 498 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Law of Treaties Beyond the Vienna Convention by : Mahnoush H. Arsanjani

Download or read book The Law of Treaties Beyond the Vienna Convention written by Mahnoush H. Arsanjani and published by American Chemical Society. This book was released on 2011-02-17 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.

Conceptual and Contextual Perspectives on the Modern Law of Treaties

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107100526
Total Pages : 1171 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Conceptual and Contextual Perspectives on the Modern Law of Treaties by : Michael J. Bowman

Download or read book Conceptual and Contextual Perspectives on the Modern Law of Treaties written by Michael J. Bowman and published by Cambridge University Press. This book was released on 2018-10-31 with total page 1171 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law in a Transcivilizational World

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Publisher : Cambridge University Press
ISBN 13 : 1107024730
Total Pages : 733 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Law in a Transcivilizational World by : Onuma Yasuaki

Download or read book International Law in a Transcivilizational World written by Onuma Yasuaki and published by Cambridge University Press. This book was released on 2017-02-15 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.

Admissibility of Shareholder Claims under Investment Treaties

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Publisher : Cambridge University Press
ISBN 13 : 1108787924
Total Pages : 347 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Admissibility of Shareholder Claims under Investment Treaties by : Gabriel Bottini

Download or read book Admissibility of Shareholder Claims under Investment Treaties written by Gabriel Bottini and published by Cambridge University Press. This book was released on 2020-09-17 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.

The Oxford Guide to Treaties

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Publisher : Oxford University Press
ISBN 13 : 019960181X
Total Pages : 873 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Oxford Guide to Treaties by : Duncan B. Hollis

Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press. This book was released on 2012-08-09 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

Diplomatic and Judicial Means of Dispute Settlement

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004209980
Total Pages : 355 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Diplomatic and Judicial Means of Dispute Settlement by : Laurence Boisson de Chazournes

Download or read book Diplomatic and Judicial Means of Dispute Settlement written by Laurence Boisson de Chazournes and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers an assessment of the interactions between diplomatic and judicial means of settling international disputes in selected areas: territorial questions, international criminal law, international trade law, investment arbitration and human rights. It includes contributions from some of the world's leading academics and practitioners.

Business Law I Essentials

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Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

The International Law of State Responsibility

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786434717
Total Pages : 296 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The International Law of State Responsibility by : Robert Kolb

Download or read book The International Law of State Responsibility written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.

Withdrawal from Multilateral Treaties

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Publisher : BRILL
ISBN 13 : 9004467645
Total Pages : 291 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Withdrawal from Multilateral Treaties by : Antonio Morelli

Download or read book Withdrawal from Multilateral Treaties written by Antonio Morelli and published by BRILL. This book was released on 2021-10-05 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Withdrawal from Multilateral Treaties is the first comprehensive and systematic legal analysis of withdrawal. It examines the political and legal framework around treaty making to explain how withdrawal evolved over time and suggests ways to improve conditions for orderly withdrawal.