Treaties And Their Practice

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Treaties and Subsequent Practice

Author : Georg Nolte
Publisher : OUP Oxford
ISBN 13 : 0191668427
Total Pages : 432 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 432 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 It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.

Treaties and their Practice

Author : Georg Nolte
Publisher : BRILL
ISBN 13 : 9004394575
Total Pages : 288 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Treaties and their Practice by : Georg Nolte

Download or read book Treaties and their Practice written by Georg Nolte and published by BRILL. This book was released on 2019-03-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes the development of certain important treaties from the perspective of their practice, with a view to assessing whether these treaties are, or have been, on the “rise” or in “decline”. Following a glance at major European peace treaties prior to the UN Charter, the book focuses on developments over the last thirty years with respect to the UN Charter and its rules on the use of force, human rights treaties, the WTO agreements, investment treaties, and environmental treaties. It looks at these treaties from the perspective of an observer as well as from the perspective of a practitioner who is called to apply a treaty, taking into account the rules of interpretation under the Vienna Convention on the Law of Treaties. The book describes, in particular, how the International Law Commission has elucidated the significance of the rules of interpretation in its conclusions on “Subsequent agreements and subsequent practice in relation to the interpretation of treaties” (2018), and it connects this work with the broader developments.

Law and Practice of Investment Treaties

Author : Andrew Paul Newcombe
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123512
Total Pages : 644 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Law and Practice of Investment Treaties by : Andrew Paul Newcombe

Download or read book Law and Practice of Investment Treaties written by Andrew Paul Newcombe and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

Modern Treaty Law and Practice

Author : Anthony Aust
Publisher : Cambridge University Press
ISBN 13 : 1139467840
Total Pages : 611 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Modern Treaty Law and Practice by : Anthony Aust

Download or read book Modern Treaty Law and Practice written by Anthony Aust and published by Cambridge University Press. This book was released on 2007-10-18 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.

Handbook on Good Treaty Practice

Author : Jill Barrett
Publisher : Cambridge University Press
ISBN 13 : 1107111900
Total Pages : 533 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Handbook on Good Treaty Practice by : Jill Barrett

Download or read book Handbook on Good Treaty Practice written by Jill Barrett and published by Cambridge University Press. This book was released on 2020-03-12 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

Provisionally Applied Treaties: Their Binding Force and Legal Nature

Author : Anneliese Quast Mertsch
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004223533
Total Pages : 323 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Provisionally Applied Treaties: Their Binding Force and Legal Nature by : Anneliese Quast Mertsch

Download or read book Provisionally Applied Treaties: Their Binding Force and Legal Nature written by Anneliese Quast Mertsch and published by Martinus Nijhoff Publishers. This book was released on 2012-10-19 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Provisionally Applied Treaties: Their Binding Force and Legal Nature, Anneliese Quast Mertsch analyses the binding force and legal nature of treaties during the period of their provisional application in light of international practice and academic opinion.

Modification of Treaties by Subsequent Practice

Author : Irina Buga
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.

Treaty Interpretation

Author : Richard K. Gardiner
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 Law of Treaties

Author : Scott Davidson
Publisher : Routledge
ISBN 13 : 1351543032
Total Pages : 669 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The Law of Treaties by : Scott Davidson

Download or read book The Law of Treaties written by Scott Davidson and published by Routledge. This book was released on 2017-07-05 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: The centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.

Withdrawal from Multilateral Treaties

Author : Antonio Morelli
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.

The Oxford Guide to Treaties

Author : Duncan B. Hollis
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.

Sources of State Practice in International Law

Author : Ralph Gaebler
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004272224
Total Pages : 590 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Sources of State Practice in International Law by : Ralph Gaebler

Download or read book Sources of State Practice in International Law written by Ralph Gaebler and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice

Treaties and Subsequent Practice

Author : Georg Nolte
Publisher :
ISBN 13 : 9780191758324
Total Pages : 393 pages
Book Rating : 4.7/5 (583 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 . This book was released on 2013 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:

National Treaty Law and Practice

Author : Duncan B. Hollis
Publisher : Brill - Nijhoff
ISBN 13 : 9789004144170
Total Pages : 837 pages
Book Rating : 4.1/5 (441 download)

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Book Synopsis National Treaty Law and Practice by : Duncan B. Hollis

Download or read book National Treaty Law and Practice written by Duncan B. Hollis and published by Brill - Nijhoff. This book was released on 2005-01-01 with total page 837 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a consolidated treatise on how different states organize their treaty-making through national law and practice.

The Interpretation of Investment Treaties

Author : Trinh Hai Yen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004274545
Total Pages : 408 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Interpretation of Investment Treaties by : Trinh Hai Yen

Download or read book The Interpretation of Investment Treaties written by Trinh Hai Yen and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the context of an exponential proliferation of investment treaties with virtually uniform language and structure, The Interpretation of Investment Treaties by Trinh Hai Yen reveals the neglect or misapplication of international rules on treaty interpretation by tribunals in arbitral cases. Such practice has raised the question of the legitimacy of the interpretative process and the engendered inconsistent interpretations of investment treaties. The book proposes three interpretative approaches aimed at ensuring that adjudicators find legitimate meaning in the challenging generality and vagueness of investment treaty language. It also provides a comprehensive analysis of legislative solutions for states through a case study of the ASEAN Comprehensive Investment Agreement, as well as a comparative analysis of modern and traditional investment treaties.

Customary International Law and Treaties

Author : Mark Eugen Villiger
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9041104585
Total Pages : 374 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Customary International Law and Treaties by : Mark Eugen Villiger

Download or read book Customary International Law and Treaties written by Mark Eugen Villiger and published by Martinus Nijhoff Publishers. This book was released on 1997-10-29 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.

The Law of Treaties Beyond the Vienna Convention

Author : Mahnoush H. Arsanjani
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.