Between the Lines of the Vienna Convention?

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 904118404X
Total Pages : 456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Between the Lines of the Vienna Convention? by : Joseph Klingler

Download or read book Between the Lines of the Vienna Convention? written by Joseph Klingler and published by Kluwer Law International B.V.. This book was released on 2018-12-18 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1969 Vienna Convention on the Law of Treaties makes no express reference to many of the most common canons and interpretative principles derived from international jurisprudence over many years. This volume represents the first modern, freestanding analysis of such canons and principles, their role in treaty interpretation and their relationship with the Vienna Convention regime. A top-flight roster of respected scholars and practitioners of public international law offers an in-depth examination of, among other things: • the origins of canons and interpretive principles; • their utility and limits in treaty interpretation; and • the application of numerous individual canons and interpretive principles, including effet utile, expressio unius, lex specialis, ejusdem generis, in dubio mitius, in pari materia, ex abundante cautela, the principles of contemporaneity and evolutive interpretation, and more. Extensive analysis of case law and scholarship provides insightful interpretive guidance across virtually every subfield of public international law. With its valuable insights into when the application of particular canons or principles of interpretation is most likely to be appropriate and persuasive, the volume will be of great value to lawyers representing parties (whether states, corporations or individuals) before international dispute resolution bodies, as well as to judges and arbitrators, legal officials at ministries of foreign affairs, and scholars of public international law.

International Law and Time

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Author :
Publisher : Springer Nature
ISBN 13 : 3031094654
Total Pages : 471 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis International Law and Time by : Klara Polackova Van der Ploeg

Download or read book International Law and Time written by Klara Polackova Van der Ploeg and published by Springer Nature. This book was released on 2022-12-16 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the close, complex and consequential – yet to a large extent implicit – relationship between international law and time. There is a conspicuous discrepancy between international law’s technical preoccupation with the mechanics of temporal rules and the absence of more foundational considerations of how time – both as an irrepressible physical dimension manifesting in the passage of time, and as a social construct shaped by diverse social and cultural factors – impacts and interacts with international law. Divided into five parts and 21 chapters, this book explores key aspects of the relationship between international law and time and puts the spotlight on time’s fundamental significance for international law as a legal order and as a discipline. Pursuing diverse approaches to international law, the authors consider the notion, significance, manifestations, uses and implications of time in international law in a wide range of contexts, and offer insights into the various ways in which international law and international lawyers cope with time, both in terms of constructing narratives and in devising and employing particular legal techniques.

Treaties in Motion

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Author :
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.

EU Law and International Investment Arbitration

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Author :
Publisher : BRILL
ISBN 13 : 9004501657
Total Pages : 525 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis EU Law and International Investment Arbitration by : Michael De Boeck

Download or read book EU Law and International Investment Arbitration written by Michael De Boeck and published by BRILL. This book was released on 2022-07-04 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Law and International Investment Arbitration thoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.

International Protection of Investments

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Protection of Investments by : August Reinisch

Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

The Theory, Practice and Interpretation of Customary International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 131651689X
Total Pages : 647 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris

Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

Sovereign Debt

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Author :
Publisher : Springer
ISBN 13 : 331908464X
Total Pages : 604 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Sovereign Debt by : Mauro Megliani

Download or read book Sovereign Debt written by Mauro Megliani and published by Springer. This book was released on 2014-11-21 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt – bilateral debt, multilateral debt, syndicated debt and bonded debt – in relation to three crucial contexts: genesis, restructuring and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and unclear boundaries. Though the analysis is mainly conducted on the basis of international law, the breadth of this topical subject has made it necessary to include other sources, such as private international law, domestic law and financial practice; moreover, references are made to international financial relations and international financial history so as to provide a more complete understanding. Although it follows the structure of a continental tractatus, the work strikes a balance between consideration of doctrinal and jurisprudential sources, making it a valuable reference work for scholars and practitioners alike.

Electricity and the Electric Telegraph

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Author :
Publisher :
ISBN 13 :
Total Pages : 996 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Electricity and the Electric Telegraph by : George Bartlett Prescott

Download or read book Electricity and the Electric Telegraph written by George Bartlett Prescott and published by . This book was released on 1877 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt: Telegrafenbetrieb, Teleinformatik, Telematik.

Contract Interpretation in Investment Treaty Arbitration

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Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh

Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Predictability and Flexibility in the Law of Maritime Delimitation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 150991210X
Total Pages : 606 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Predictability and Flexibility in the Law of Maritime Delimitation by : Yoshifumi Tanaka

Download or read book Predictability and Flexibility in the Law of Maritime Delimitation written by Yoshifumi Tanaka and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised new edition offers a comprehensive picture of the law of maritime delimitation, incorporating all new cases and State practice in this field. As with all types of law, the law of maritime delimitation should possess a degree of predictability. On the other hand, as maritime delimitation cases differ, flexible considerations of geographical and non-geographical factors are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a number of diverse factors in order to achieve an equitable result? This is the question at the heart of the law of maritime delimitation. This book explores a well-balanced legal framework that reconciles predictability and flexibility in the law of maritime delimitation by looking at three aspects of the question: first it reviews the evolution of the law of maritime delimitation; second, it undertakes a comparative study of the case law and State practice; and third, it critically assesses the law of maritime delimitation in its current form.

Treaty Interpretation

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Author :
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 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

Yearbook of the International Law Commission 1982, Vol.II, Part 2

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Author :
Publisher : United Nations
ISBN 13 : 9213623968
Total Pages : 156 pages
Book Rating : 4.2/5 (136 download)

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Book Synopsis Yearbook of the International Law Commission 1982, Vol.II, Part 2 by : United Nations International Law Commission

Download or read book Yearbook of the International Law Commission 1982, Vol.II, Part 2 written by United Nations International Law Commission and published by United Nations. This book was released on 1982-11-30 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a request by the International Law Commission, the General Assembly, in resolution 987 (X) of 3 December 1955, requested the Secretary-General to arrange for publishing an annual publication entitled Yearbook of the International Law Commission, containing the principal documents and summary records relating to each ILC session. It has since been published annually in two volumes in respect of each session.

The Law of Treaties Beyond the Vienna Convention

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Author :
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.

Reservations to Human Rights Treaties and the Vienna Convention Regime

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Author :
Publisher : Springer
ISBN 13 : 9401760195
Total Pages : 334 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Reservations to Human Rights Treaties and the Vienna Convention Regime by : Ineta Ziemele

Download or read book Reservations to Human Rights Treaties and the Vienna Convention Regime written by Ineta Ziemele and published by Springer. This book was released on 2013-11-09 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties. This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.

40 Years of the Vienna Convention on the Law of Treaties

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Author :
Publisher : BIICL
ISBN 13 : 9781905221431
Total Pages : 228 pages
Book Rating : 4.2/5 (214 download)

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Book Synopsis 40 Years of the Vienna Convention on the Law of Treaties by : Alexander Orakhelashvili

Download or read book 40 Years of the Vienna Convention on the Law of Treaties written by Alexander Orakhelashvili and published by BIICL. This book was released on 2010 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaties form a basis for the daily conduct of international relations, and thus it is vital to see how they are made, amended, interpreted, and enforced. This volume presents insights into how the law of treaties has worked over the past 40 years, since the 1969 Vienna Convention was adopted as the comprehensive treaty to regulate the law of international agreements. The book capitalizes on 40 years of international experience, with a group of expert contributors describing and analyzing the subject. Multiple issues of the Convention are covered, including the aspects of conclusion, interpretation, reservation, amendment and modification, validity, and other issues.

Yearbook of the International Law Commission 1981, Vol.II, Part 2

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Author :
Publisher : United Nations
ISBN 13 : 9213623976
Total Pages : 216 pages
Book Rating : 4.2/5 (136 download)

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Book Synopsis Yearbook of the International Law Commission 1981, Vol.II, Part 2 by : United Nations International Law Commission

Download or read book Yearbook of the International Law Commission 1981, Vol.II, Part 2 written by United Nations International Law Commission and published by United Nations. This book was released on 1981-12-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a request by the International Law Commission, the General Assembly, in resolution 987 (X) of 3 December 1955, requested the Secretary-General to arrange for publishing an annual publication entitled Yearbook of the International Law Commission, containing the principal documents and summary records relating to each ILC session. It has since been published annually in two volumes in respect of each session.