The Unanimity Rule in the Revision of Treaties a Re-Examination

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Publisher : Springer Science & Business Media
ISBN 13 : 9401195668
Total Pages : 274 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis The Unanimity Rule in the Revision of Treaties a Re-Examination by : Edwin C. Hoyt

Download or read book The Unanimity Rule in the Revision of Treaties a Re-Examination written by Edwin C. Hoyt and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.

The Unanimity Rule in the Revision of Treaties

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Publisher :
ISBN 13 : 9789401195676
Total Pages : 280 pages
Book Rating : 4.1/5 (956 download)

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Book Synopsis The Unanimity Rule in the Revision of Treaties by : Edwin C Hoyt

Download or read book The Unanimity Rule in the Revision of Treaties written by Edwin C Hoyt and published by . This book was released on 2012-05-19 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Stability And Change in the Law of the Sea

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900414613X
Total Pages : 269 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Stability And Change in the Law of the Sea by : Alex G. Oude Elferink

Download or read book Stability And Change in the Law of the Sea written by Alex G. Oude Elferink and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.

The Amendment of the Constitutive Instruments of the United Nations and Specialized Agencies

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Publisher : BRILL
ISBN 13 : 9047415809
Total Pages : 234 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Amendment of the Constitutive Instruments of the United Nations and Specialized Agencies by : Ralph Zacklin

Download or read book The Amendment of the Constitutive Instruments of the United Nations and Specialized Agencies written by Ralph Zacklin and published by BRILL. This book was released on 2005-11-01 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘The amendment of international treaties raises problems which are closely linked to the issue of stability and development in the international juridical order. The author of the present work successfully relates these problems, which are of crucial importance in all juridical systems, to the more particular problems connected with the constitutions of international organizations of universal scope. As the effectiveness and continuity of international organizations depend to no small extent on their ability to adapt themselves constantly to a rapidly evolving world, the necessary flexibility must be ensured by provisions included in the constitutions of the organizations. The juridical tool used to meet these needs is an amendment clause incorporated in the constitutive instrument.’ The above-mentioned text from the Foreword by Paul Guggenheim written in 1967 is still as valid today in the light of the reform proposals emerging from the work of the High-Level Panel and the Report of the Secretary General ‘In Larger Freedom’ which are currently the subject of intense negotiations around the Charter of the United Nations, and in particular Articles 108 and 109. This reprinted edition will be of great value to those involved in the reform negotiations as well as to those studying international organizations.

Vienna Convention on the Law of Treaties

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Publisher : Springer
ISBN 13 : 3662551608
Total Pages : 1535 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis Vienna Convention on the Law of Treaties by : Oliver Dörr

Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer. This book was released on 2018-01-15 with total page 1535 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.

Diversity in Secondary Rules and the Unity of International Law

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Publisher : BRILL
ISBN 13 : 9004635130
Total Pages : 377 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Diversity in Secondary Rules and the Unity of International Law by : K. C. Wellens

Download or read book Diversity in Secondary Rules and the Unity of International Law written by K. C. Wellens and published by BRILL. This book was released on 2023-11-27 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.

The Vienna Convention on the Law of Treaties

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Publisher : Manchester University Press
ISBN 13 : 9780719014802
Total Pages : 288 pages
Book Rating : 4.0/5 (148 download)

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Book Synopsis The Vienna Convention on the Law of Treaties by : Sir Ian McTaggart Sinclair

Download or read book The Vienna Convention on the Law of Treaties written by Sir Ian McTaggart Sinclair and published by Manchester University Press. This book was released on 1984 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the key features of the Vienna Convention (reservations and modifications, application, interpretation, suspension and settlement of dispute), as well as discussing its scope and significance.

Recueil Des Cours, Volume 127 (1969/II)

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028616424
Total Pages : 528 pages
Book Rating : 4.6/5 (164 download)

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Book Synopsis Recueil Des Cours, Volume 127 (1969/II) by : Academie De Droit International De La Ha

Download or read book Recueil Des Cours, Volume 127 (1969/II) written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded

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Publisher : Springer
ISBN 13 : 9401509115
Total Pages : 240 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded by : Hungdah Chiu

Download or read book The Capacity of International Organizations to Conclude Treaties, and the Special Legal Aspects of the Treaties so Concluded written by Hungdah Chiu and published by Springer. This book was released on 2012-12-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.

Treaties in Motion

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Publisher : Cambridge University Press
ISBN 13 : 1108495885
Total Pages : 427 pages
Book Rating : 4.1/5 (84 download)

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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.

The European Constitution

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Publisher : Edward Elgar Publishing
ISBN 13 : 1847206786
Total Pages : 329 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis The European Constitution by : Giuliano Amato

Download or read book The European Constitution written by Giuliano Amato and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.

The Oxford Guide to Treaties

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Publisher : Oxford University Press, USA
ISBN 13 : 019884834X
Total Pages : 897 pages
Book Rating : 4.1/5 (988 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 2020-05-28 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.

The Vienna Conventions on the Law of Treaties

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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

Institutional Challenges in Post-Constitutional Europe

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Publisher : Routledge
ISBN 13 : 1134012780
Total Pages : 161 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Institutional Challenges in Post-Constitutional Europe by : Catherine Moury

Download or read book Institutional Challenges in Post-Constitutional Europe written by Catherine Moury and published by Routledge. This book was released on 2009-06-09 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings together leading experts in the field to explore how the European Union’s institutional structure, rules and processes should be shaped, in order to respond to the old and new challenges it is facing.

Reinforcing Rule of Law Oversight in the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1107108888
Total Pages : 357 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reinforcing Rule of Law Oversight in the European Union by : Carlos Closa

Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

CONCEPTS OF INTERNATIONAL TREATIES

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Publisher : American Academic Press
ISBN 13 : 1631814648
Total Pages : 619 pages
Book Rating : 4.6/5 (318 download)

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Book Synopsis CONCEPTS OF INTERNATIONAL TREATIES by : JOSEPH IDIGO

Download or read book CONCEPTS OF INTERNATIONAL TREATIES written by JOSEPH IDIGO and published by American Academic Press. This book was released on 2023-12-26 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals extensively with commentaries on all articles in the Vienna Convention on the Law of Treaties 1969. The book starts with the introduction to treaty and, then, the management of treaties that brings in, as a starting point, the International Law Commission (ILC) and the mandate it received for the codifying of customary international laws and enhancing the progressive development of international law. After this part, the book, then, goes into dealing with each article in the Vienna Convention on the Law of Treaties (VCLT) 1969. Each article is backed by the various activities of the Law Commission that gave rise to it. Then, there are relevant references (in footnotes) that make the contents of each article richer and more explanatory. Each chapter ends with a summary to help the reader easily and quickly remember the highlights of the treated article in that chapter. This process continues till article 85 VCLT, the last article in the VCLT. The realization that Treaty Law is an important aspect of International Law is the main motivation for writing this book. Thus, it is suitable for all international law practitioners and international organizations.

Modification of Treaties by Subsequent Practice

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Publisher : Oxford University Press
ISBN 13 : 019109191X
Total Pages : 375 pages
Book Rating : 4.1/5 (91 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 2018-04-04 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice-a well-established means of treaty interpretation-sometimes diverges from the original treaty provision to such an extent that it can no longer be said to constitute an act of interpretation or application. Rather, it becomes, in effect, one of treaty modification. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to human rights and humanitarian law. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining when and how treaty modification by subsequent practice occurs poses difficulty to legal scholars and dispute settlement bodies alike, and impacts States' expectations as to their treaty obligations. This significant yet underexplored process is the focus of this book. Modification of Treaties by Subsequent Practice proves that subsequent practice can-under carefully defined conditions that ensure strict accordance with the will of the treaty parties-alter, supplement, and terminate treaty provisions or even entire treaty frameworks. It can also generate customary law and fuel regime interaction. Ultimately, this book demonstrates the relevance and dynamism of the process of treaty modification by subsequent practice, emphasizing the need to deal with the issue head on, and explains-on a theoretical and practical level-how it can be identified and dealt with more consistently in the future. The book thus contributes to a deeper understanding of the process of treaty modification by subsequent practice and its continued role in striking the judicious balance between the stability of treaties on the one hand, and the organic evolution of the law on the other.