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The Paradigm Of State Consent In The Law Of Treaties
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Book Synopsis The Paradigm of State Consent in the Law of Treaties by : Vassilis Pergantis
Download or read book The Paradigm of State Consent in the Law of Treaties written by Vassilis Pergantis and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics.
Book Synopsis Teaching International Law by : Ellen Hey
Download or read book Teaching International Law written by Ellen Hey and published by BRILL. This book was released on 2021-10-18 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this booklet, the text of which formed the basis for a lecture held upon the acceptance of the Chair of Public International Law at the Erasmus University Rotterdam, the author explores the role of state-consent in normative development at the international level during times of globalization. She makes the point that increasingly state-consent is understood as consent to a process of normative development, the outcome of which is unknown at the time when consent is given. Understanding state-consent in this manner, however, results in questions arising with respect to the legitimacy of international decision-making processes. These questions address transparency and accountability in international decision-making and are related to the changing character of the international legal system, which increasingly besides regulating the interests that states share also seeks to regulate the common-interest of the international community.
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.
Book Synopsis Normativity and Power by : Rainer Forst
Download or read book Normativity and Power written by Rainer Forst and published by Oxford University Press. This book was released on 2017-10-20 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humans are justificatory beingsthey offer, demand, and require justifications. The rules and institutions they follow rest on justification narratives that have evolved over time and, taken together, constitute a dynamic and tension-laden normative order. In this collection of essays, the first translation into English of the ground-breaking Normativität und Macht (Suhrkamp 2015), Rainer Forst presents a new approach to critical theory. Each essay reflects on the basic principles that guide our normative thinking. Forst's argument goes beyond 'ideal' and 'realist' theories and shows how closely the concepts of normativity and power are interrelated, and how power rests on the capacity to influence, determine, and possibly restrict the space of justifications for others. By combining insights from the disciplines of philosophy, history, and the social sciences, Forst re-evaluates theories of justice, as well as of power, and provides the tools for a critical theory of relations of justification.
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.
Book Synopsis Fiduciaries of Humanity by : Evan J. Criddle
Download or read book Fiduciaries of Humanity written by Evan J. Criddle and published by Oxford University Press. This book was released on 2016 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.
Book Synopsis The Responsibility to Protect in International Law by : Susan Breau
Download or read book The Responsibility to Protect in International Law written by Susan Breau and published by Routledge. This book was released on 2016-03-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.
Book Synopsis The Law of Nations by : Emer de Vattel
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Politics of Commercial Treaties in the Eighteenth Century by : Antonella Alimento
Download or read book The Politics of Commercial Treaties in the Eighteenth Century written by Antonella Alimento and published by Springer. This book was released on 2017-09-15 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study that analyses bilateral commercial treaties as instruments of peace and trade comparatively and over time. The work focuses on commercial treaties as an index of the challenges of eighteenth-century European politics, shaping a new understanding of these challenges and of how they were confronted at the time in theory and diplomatic practice. From the middle of the seventeenth century to the time of the Napoleonic wars bilateral commercial treaties were concluded not only at the end of large-scale wars accompanying peace settlements, but also independently with the aim to prevent or contain war through controlling the balance of trade between states. Commercial treaties were also understood by major political writers across Europe as practical manifestations of the wider intellectual problem of devising a system of interstate trade in which the principles of reciprocity and equality were combined to produce sustainable peaceful economic development.
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.
Book Synopsis Differential Treatment in International Environmental Law by : Philippe Cullet
Download or read book Differential Treatment in International Environmental Law written by Philippe Cullet and published by Routledge. This book was released on 2016-08 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of differential treatment for developing countries in international environmental law. It offers a compelling analysis of the legal dimension of the relationship between developed and developing countries in the environmental field and beyond. It first critically examines the principle of legal equality of states and then explores the conceptual framework behind the notion of differential treatment in international law and its relevance in bringing about substantive equality. The book examines the development of differentiation in international environmental law, considers its application in various environmental treaties and evaluates the legal status of existing differential norms. It also examines the contribution of differentiation to the implementation of environmental treaties and the extent to which differential treatment fosters the decentralization of international environmental policy making. It is an indispensable resource for all actors involved in environmental law and policy making, scholars and students.
Book Synopsis Treaties in Motion by : Malgosia Fitzmaurice
Download or read book Treaties in Motion written by Malgosia Fitzmaurice and published by Cambridge University Press. This book was released on 2020-06-25 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.
Book Synopsis The Law, Politics and Theory of Treaty Withdrawal by : Frederick Cowell
Download or read book The Law, Politics and Theory of Treaty Withdrawal written by Frederick Cowell and published by Bloomsbury Publishing. This book was released on 2023-11-16 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.
Book Synopsis Arnould on the Law of Marine Insurance and Average by : Sir Joseph Arnould
Download or read book Arnould on the Law of Marine Insurance and Average written by Sir Joseph Arnould and published by . This book was released on 1909 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Static and Evolutive Treaty Interpretation by : Christian Djeffal
Download or read book Static and Evolutive Treaty Interpretation written by Christian Djeffal and published by Cambridge University Press. This book was released on 2016 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.
Book Synopsis Theory of Obligations in International Law by : Cezary Mik
Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
