Modern Treaty Law and Practice

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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.

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 Oxford Guide to Treaties

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Author :
Publisher :
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 . This book was released on 2020 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.

The Oxford Handbook of United Nations Treaties

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Publisher :
ISBN 13 : 0190947845
Total Pages : 737 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Oxford Handbook of United Nations Treaties by : Simon Chesterman

Download or read book The Oxford Handbook of United Nations Treaties written by Simon Chesterman and published by . This book was released on 2019 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together world experts on the United Nations and international law, to examine not only the content of that legal regime but how it has been transformed since the second half of the twentieth century.

World Treaty Index

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Publisher : Abc-Clio Incorporated
ISBN 13 : 9780874361629
Total Pages : 707 pages
Book Rating : 4.3/5 (616 download)

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Book Synopsis World Treaty Index by : Peter H. Rohn

Download or read book World Treaty Index written by Peter H. Rohn and published by Abc-Clio Incorporated. This book was released on 1983 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-volume reference work contains material on over 44,500 treaties executed by 350 countries and international organizations from 1900 to 1980. The work provides chronological listings by date of formal signing of treaties as well as a party index and keyword index.

Developments of International Law in Treaty Making

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Publisher : Springer Science & Business Media
ISBN 13 : 9783540252993
Total Pages : 656 pages
Book Rating : 4.2/5 (529 download)

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Book Synopsis Developments of International Law in Treaty Making by : Rudiger Wolfrum

Download or read book Developments of International Law in Treaty Making written by Rudiger Wolfrum and published by Springer Science & Business Media. This book was released on 2005-03-29 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the various means of making non-conventional/non-treaty law and the cross-cutting issues that they raise. Law-making by technical/informal expert bodies, Conferences of Parties, international organizations, the UN Security Council, regional organizations and arrangements and non-state actors is examined in turn. This forms the basis for the analysis of the complementarity of international treaty law, customary international law and non-traditional law-making, potential subject matters of non-treaty law-making, domestic consequences of non-treaty law-making, proliferation of actors, commissions and treaty bodies of the UN system, and International courts and tribunals.

Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties

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Author :
Publisher : New York : United Nations
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties by : United Nations. Treaty Section

Download or read book Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties written by United Nations. Treaty Section and published by New York : United Nations. This book was released on 1994 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Repertory of Practice of United Nations Organs

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Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Repertory of Practice of United Nations Organs by : United Nations. Secretary-General

Download or read book Repertory of Practice of United Nations Organs written by United Nations. Secretary-General and published by . This book was released on 1979 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Death of Treaty Supremacy

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Publisher : Oxford University Press
ISBN 13 : 0199364028
Total Pages : 473 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Death of Treaty Supremacy by : David Sloss

Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.

UN Human Rights Treaty Bodies

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Publisher : Cambridge University Press
ISBN 13 : 1107006546
Total Pages : 491 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis UN Human Rights Treaty Bodies by : Leena Grover

Download or read book UN Human Rights Treaty Bodies written by Leena Grover and published by Cambridge University Press. This book was released on 2012-04-16 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.

The Proceedings of the Hague Peace Conferences

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Publisher :
ISBN 13 :
Total Pages : 934 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Proceedings of the Hague Peace Conferences by :

Download or read book The Proceedings of the Hague Peace Conferences written by and published by . This book was released on 1920 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Final Clauses of Multilateral Treaties

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Publisher : New York : United Nations
ISBN 13 : 9789211335729
Total Pages : 125 pages
Book Rating : 4.3/5 (357 download)

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Book Synopsis Final Clauses of Multilateral Treaties by : United Nations. Treaty Section

Download or read book Final Clauses of Multilateral Treaties written by United Nations. Treaty Section and published by New York : United Nations. This book was released on 2003 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Indian Affairs

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Publisher :
ISBN 13 :
Total Pages : 944 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Indian Affairs by : United States

Download or read book Indian Affairs written by United States and published by . This book was released on 1929 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Substantive Law in Investment Treaty Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161104
Total Pages : 435 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Substantive Law in Investment Treaty Arbitration by : Monique Sasson

Download or read book Substantive Law in Investment Treaty Arbitration written by Monique Sasson and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of what has rapidly become the pre-eminent work on the role of municipal law in investment treaty arbitration is justified not only by the accelerating appearance of investment treaty awards but also by the continuing, serious flaws in the application of international law by investment treaty arbitral tribunals. As a matter of international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author has maintained the overall structure of the first edition and added a new chapter on Article 42 of the ICSID Convention. Certain descriptions and arguments have been rethought and revised to clarify their significance and their applicability. The treatment focuses on the role of municipal law in providing the substance for concepts such as contracts, property rights, and shareholders’ rights, which are relevant in the international investment treaty context but are not regulated under international law. Among the complex questions considered are the following: - If the application of international law requires a renvoi to municipal law, how should that renvoi be conducted? - In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law? - Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company? - Does a contractual right exist to foreign investment ‘property’? - Under what conditions may a violation of municipal law become internationally wrongful? - May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes? - Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim? The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to prove of immeasurable value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.

Sources of State Practice in International Law

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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

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

Senate Treaty Documents

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Publisher : Government Printing Office
ISBN 13 :
Total Pages : 1028 pages
Book Rating : 4./5 ( download)

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Book Synopsis Senate Treaty Documents by :

Download or read book Senate Treaty Documents written by and published by Government Printing Office. This book was released on 1986 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: