The Termination and Revision of Treaties in the Light of New Customary International Law

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Publisher : Oxford Monographs in Internati
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Termination and Revision of Treaties in the Light of New Customary International Law by : Nancy Kontou

Download or read book The Termination and Revision of Treaties in the Light of New Customary International Law written by Nancy Kontou and published by Oxford Monographs in Internati. This book was released on 1994 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a central issue of international law: the relationship between two of its sources, treaty and custom. In particular, it examines one aspect of this relationship that has not been satisfactorily covered in the literature, whether new customary law may abrogate or modify prior incompatible treaties. State practice in the Law of Sea and other areas of international law contains a number of examples of treaties that have been terminated or revised on account of new conflicting custom. The author draws on these examples as well as on decisions of international tribunals to argue that although new customary law does not automatically affect prior incompatible treaties, it gives a State, under certain conditions, the unilateral right to call for their termination or revision. This is an original position on a controversial subject that was considered too complex to be included in the Vienna codification of the Law of Treaties. This issue may arise in all areas of international law and is of practical importance to all those involved in the field.

Treaty Termination Or Revision in the Light of New Customary Law

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (598 download)

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Book Synopsis Treaty Termination Or Revision in the Light of New Customary Law by : Athanassia Kontou

Download or read book Treaty Termination Or Revision in the Light of New Customary Law written by Athanassia Kontou and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Guide to Treaties

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Publisher : Oxford University Press, USA
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, USA. 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.

Termination of Treaties in International Law

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Termination of Treaties in International Law by : Athanassios Vamvoukos

Download or read book Termination of Treaties in International Law written by Athanassios Vamvoukos and published by Oxford University Press, USA. This book was released on 1985 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United Nations Yearbook of the International Law Commission

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (452 download)

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Book Synopsis United Nations Yearbook of the International Law Commission by : United Nations. International Law Commission

Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamentals of Public International Law

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Publisher : BRILL
ISBN 13 : 9004396691
Total Pages : 991 pages
Book Rating : 4.0/5 (43 download)

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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.

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.

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.

Modification of Treaties by Subsequent Practice

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Publisher : Oxford University Press
ISBN 13 : 0198787820
Total Pages : 481 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Modification of Treaties by Subsequent Practice by : Irina Buga

Download or read book Modification of Treaties by Subsequent Practice written by Irina Buga and published by Oxford University Press. This book was released on 2018 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the process of treaty modification by subsequent practice, explaining how such practice can significantly revise treaty obligations or even create new ones, allowing evolution of the law.

The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

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Publisher : BRILL
ISBN 13 : 9004428674
Total Pages : 273 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law by : Serena Forlati

Download or read book The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law written by Serena Forlati and published by BRILL. This book was released on 2020-05-18 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law deconstructs one of the most influential ICJ Judgments and analyses its contributions to the law of treaties, the law of international responsibility, and the law of sustainable development in light of 20 years of subsequent developments in the international legal order.

Intertemporality and the Law of Treaties

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Publisher : British Institute for International & Comparative Law
ISBN 13 :
Total Pages : 174 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intertemporality and the Law of Treaties by : D. W. Greig

Download or read book Intertemporality and the Law of Treaties written by D. W. Greig and published by British Institute for International & Comparative Law. This book was released on 2001 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to examine a neglected area of treaty law: how is that law to deal with changes in the legal and factual environment of a treaty over a relatively lengthy time from the time it was made until the time it has to be applied? Concepts such as the intertemporal law and critical dates from territorial disputes may also be of relevance to treaties. With regard to the application of treaties, the rules concerning their validity or termination inevitably introduce temporal issues. As for the interpretation of treaties, perceptions of them are bound to change over time, not least because of factors extrinsic to a particular instrument. In the case of treaties of a law-making or constitutional nature, changing or emerging community values may well influence the outcome of the interpretative process. Finally, the question is addressed of whether it is appropriate for our interpreter to rely so heavily upon Articles 31 and 32 of the Vienna Convention on the Law of Treaties 1969 in the case of treaties concluded in a much earlier era.

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.

Treaties and Subsequent Practice

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191668427
Total Pages : 2459 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Treaties and Subsequent Practice by : Georg Nolte

Download or read book Treaties and Subsequent Practice written by Georg Nolte and published by OUP Oxford. This book was released on 2013-06-13 with total page 2459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the relevant rules of international law, treaties are interpreted in accordance with the ordinary meaning of the language they use, their object and purpose, and the intention of the drafters, but also in light of the subsequent practice of its parties. This subsequent practice can shed light on articles whose meaning is ambiguous and subsequent agreement can even alter the meaning of treaty provisions. At a time when many of the most important international treaties are more than fifty years old, subsequent practice plays an increasingly important role in their interpretation. Treaties and Subsequent Practice discusses the role and relevance of this subsequent practice in the process of dynamic treaty interpretation. The book provides a comprehensive treatment of this topic by eminent commentators, combining contributions which focus on practical cases with chapters examining the theoretical underpinnings of treaty interpretation. The concept of subsequent practice is situated in the more general context of treaty law and international law, looking at different cases and doctrinal questions to assess its policy dimensions. The book addresses the question of whether subsequent practice plays a more or less significant role in different areas of international law, and whether it can be employed as a partial substitute for formal treaty amendments. It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.

Patterns of Treaty Interpretation as Anti-Fragmentation Tools

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Author :
Publisher : Springer
ISBN 13 : 3319654888
Total Pages : 409 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Patterns of Treaty Interpretation as Anti-Fragmentation Tools by : Liliana E. Popa

Download or read book Patterns of Treaty Interpretation as Anti-Fragmentation Tools written by Liliana E. Popa and published by Springer. This book was released on 2017-12-29 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.

The Vienna Conventions on the Law of Treaties

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199546649
Total Pages : 2171 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Vienna Conventions on the Law of Treaties by : Olivier Corten

Download or read book The Vienna Conventions on the Law of Treaties written by Olivier Corten and published by Oxford University Press, USA. This book was released on 2011 with total page 2171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field

The Termination of Multipartite Treaties

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Publisher :
ISBN 13 :
Total Pages : 334 pages
Book Rating : 4.X/5 ( download)

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Book Synopsis The Termination of Multipartite Treaties by : Harold James Tobin

Download or read book The Termination of Multipartite Treaties written by Harold James Tobin and published by . This book was released on 1933 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.