The Iron Rhine Ijzeren Rijn Arbitration Belgium Netherlands

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The Iron Rhine Arbitration (or 'Jzeren Rijn' as it is known in Dutch) decided, in 2005, a dispute between the Kingdom of Belgium and the Kingdom of the Netherlands concerning the reactivation of the Iron Rhine railway linking the port of Antwerp, Belgium, to the Rhine Basin in Germany across certain parts of Dutch territory. The Arbitral Tribunal was called upon to interpret nineteenth-century treaties, which granted certain rights to Belgium on the territory of the Netherlands, and to consider the entitlement of the Netherlands to insist on conditions specified under Dutch law, particularly with respect to environmental protection, for reactivation of the railway. This unique bilingual edition comprises the official English version of the Award, as well as a French translation. It includes an Introduction by Colin Warbrick, Professor of Public International Law at the University of Birmingham.

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Genre : Law
Author : Permanent Court of Arbitration
Publisher : Asser Press
Release : 2007-11
File : 336 Pages
ISBN-13 : STANFORD:36105064260800


The Iron Rhine Ijzeren Rijn Arbitration Belgium Netherlands

eBook Download

BOOK EXCERPT:

The Iron Rhine Arbitration (or 'Jzeren Rijn' as it is known in Dutch) decided, in 2005, a dispute between the Kingdom of Belgium and the Kingdom of the Netherlands concerning the reactivation of the Iron Rhine railway linking the port of Antwerp, Belgium, to the Rhine Basin in Germany across certain parts of Dutch territory. The Arbitral Tribunal was called upon to interpret nineteenth-century treaties, which granted certain rights to Belgium on the territory of the Netherlands, and to consider the entitlement of the Netherlands to insist on conditions specified under Dutch law, particularly with respect to environmental protection, for reactivation of the railway. This unique bilingual edition comprises the official English version of the Award, as well as a French translation. It includes an Introduction by Colin Warbrick, Professor of Public International Law at the University of Birmingham.

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Genre : Law
Author : Belinda Mcmahon
Publisher : T.M.C. Asser Press
Release : 2011-08-10
File : 318 Pages
ISBN-13 : 9067047147


Intertemporal Linguistics In International Law

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Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.

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Genre : Law
Author : Julian Wyatt
Publisher : Bloomsbury Publishing
Release : 2019-12-12
File : 321 Pages
ISBN-13 : 9781509929504


The Principle Of Systemic Integration

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This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)

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Genre : Law
Author : Gabriel Orellana Zabalza
Publisher : LIT Verlag Münster
Release : 2012
File : 389 Pages
ISBN-13 : 9783643902672


The Global Environment

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The new edition of Regina S. Axelrod and Stacy D. VanDeveer’s award-winning volume, The Global Environment: Institutions, Law, and Policy, reflects the latest events in global environmental politics and sustainable development while providing balanced coverage of the key institutions, issues, laws, and policies. The volume has been reorganized to better highlight global environmental institutions, major state and non-state actors, and includes an expanded set of cases such as climate change, biodiversity, hazardous chemicals, ozone layer depletion, nuclear energy and resource consumption. Based on reviewer feedback, the new edition broadens coverage of the growing global environmental agenda and explores the relationships between states, NGOs, and international organizations.

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Genre : Political Science
Author : Regina S. Axelrod
Publisher : CQ Press
Release : 2014-02-25
File : 441 Pages
ISBN-13 : 9781483312002


Manifestations Of Coherence And Investor State Arbitration

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A novel framework for understanding the role and relevance of coherence in international dispute settlement and judicial reasoning.

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Genre : Law
Author : Charalampos Giannakopoulos
Publisher : Cambridge University Press
Release : 2022-12-31
File : 359 Pages
ISBN-13 : 9781009153850


Interpretation Revision And Other Recourse From International Judgments And Awards

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Although there had been a few cases of the interpretation of judgments of the Permanent Court of International Justice and the International Court of Justice, it was not until the mid-1980s that serious judicial discussion of the related problems of the interpretation and revision by the International Court of one of its own judgments came before the Court. Similar cases have also arisen in international arbitration proceedings between States. Interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal have produced a complex pattern of black letter texts supplemented by an even more complex set of judge made rules and practices. The close tie between the final decision and the highly political context of the obligation to comply with it produces a continuing tension between the finality of the decision and any one of the possible references in recourse from it. If any tendency can be discerned from the relevant materials it is in the strong preference for maintaining the integrity and the authority of the res judicata, provided that no obvious miscarriage of justice is engendered. Interpretation is preferable to revision. This book is the first in the series International Litigation in Practice. The series will consist of short, concise, practical booklets to be of use for practitioners pleading before international courts and tribunals, and everyone else involved and / or interested in the activities of these courts.

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Genre : Law
Author : Shabtai Rosenne
Publisher : BRILL
Release : 2007-08-30
File : 224 Pages
ISBN-13 : 9789047421467


Routledge Handbook Of International Law

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The Routledge Handbook of International Law provides a definitive global survey of the interaction of international politics and international law. Each chapter is written by a leading expert and provides a state of the art overview of the most significant areas within the field. This highly topical collection of specially commissioned papers from both established authorities and rising stars is split into four key sections: The Nature of International Law including the interaction between the disciplines of International Law and International Relations The Evolution of International Law progressing from the ancient world to present day. Law and Power in International Society discussing topical issues such as the war in Iraq and the international criminal court Key Issues in International Law including international refugee law, indigenous rights, intellectual property, trade and the challenges presented by "new terrorism". A comprehensive survey of the state of the discipline, The Routledge Handbook of International Law is an essential work of reference for scholars and practitioners of international Law.

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Genre : Law
Author : David Armstrong
Publisher : Routledge
Release : 2009-01-13
File : 756 Pages
ISBN-13 : 9781134113088


Principles Of International Environmental Law

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Philippe Sands' text on international environmental law provides a clear, authoritative introduction to the subject. This edition has been updated to include relevant new topics, including the Kyoto Protocol, genetically modified organisms, and oil pollution.

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Genre : Law
Author : Philippe Sands
Publisher : Cambridge University Press
Release : 2012-05-03
File : 993 Pages
ISBN-13 : 9780521769594


Treaty Conflict And The European Union

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Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

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Genre : Law
Author : Jan Klabbers
Publisher : Cambridge University Press
Release : 2009
File : 285 Pages
ISBN-13 : 9780521455466