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BOOK EXCERPT:
This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.
Product Details :
Genre |
: Law |
Author |
: Ulf Linderfalk |
Publisher |
: Springer Science & Business Media |
Release |
: 2007-09-11 |
File |
: 429 Pages |
ISBN-13 |
: 9781402063626 |
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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.
Product Details :
Genre |
: Law |
Author |
: Alexander Orakhelashvili |
Publisher |
: BIICL |
Release |
: 2010 |
File |
: 228 Pages |
ISBN-13 |
: 1905221436 |
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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.
Product Details :
Genre |
: Law |
Author |
: Mahnoush H. Arsanjani |
Publisher |
: American Chemical Society |
Release |
: 2011-02-17 |
File |
: 498 Pages |
ISBN-13 |
: 9780199588916 |
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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.
Product Details :
Genre |
: Law |
Author |
: Oliver Dörr |
Publisher |
: Springer |
Release |
: 2018-01-15 |
File |
: 1546 Pages |
ISBN-13 |
: 9783662551608 |
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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
Product Details :
Genre |
: Law |
Author |
: Olivier Corten |
Publisher |
: Oxford University Press, USA |
Release |
: 2011 |
File |
: 2171 Pages |
ISBN-13 |
: 9780199546640 |
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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.
Product Details :
Genre |
: Political Science |
Author |
: Scott Davidson |
Publisher |
: Routledge |
Release |
: 2017-07-05 |
File |
: 1024 Pages |
ISBN-13 |
: 9781351543033 |
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BOOK EXCERPT:
Product Details :
Genre |
: Treaties |
Author |
: |
Publisher |
: |
Release |
: 1971 |
File |
: 328 Pages |
ISBN-13 |
: UOM:39015026977200 |
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BOOK EXCERPT:
In Article 31(3)(c) VCLT and the Principle of Systemic Integration: Normative Shadows in Plato’s Cave the author tackles a provision on treaty interpretation that has risen in prominence, Article 31(3)(c) VCLT. This article, which enshrines the principle of systemic integration, and its exact scope has become and continues to be a hotly debated subject in academic and judicial circles. Through an examination of both its written and unwritten elements, the author argues that the ‘proximity criterion’ is the optimal way of understanding and utilizing this provision, that conflict resolution principles may be of use within Article 31(3)(c) and finally, that the principle of systemic integration is indispensable not only for interpreting treaty provisions but customary international law as well.
Product Details :
Genre |
: Law |
Author |
: Panos Merkouris |
Publisher |
: BRILL |
Release |
: 2015-06-24 |
File |
: 391 Pages |
ISBN-13 |
: 9789004230439 |
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BOOK EXCERPT:
Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.
Product Details :
Genre |
: Law |
Author |
: Seyed-Ali Sadat-Akhavi |
Publisher |
: BRILL |
Release |
: 2021-10-18 |
File |
: 285 Pages |
ISBN-13 |
: 9789004482081 |
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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.
Product Details :
Genre |
: Law |
Author |
: Irina Buga |
Publisher |
: Oxford University Press |
Release |
: 2018-04-04 |
File |
: 481 Pages |
ISBN-13 |
: 9780191091902 |