Article 31 3 C Vclt And The Principle Of Systemic Integration
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Article 31 3 C Vclt And The Principle Of Systemic Integration
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Author : Panos Merkouris
language : en
Publisher: BRILL
Release Date : 2015-06-24
Article 31 3 C Vclt And The Principle Of Systemic Integration written by Panos Merkouris and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-24 with Law categories.
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.
The Principle Of Systemic Integration
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Author : Gabriel Orellana Zabalza
language : en
Publisher: LIT Verlag Münster
Release Date : 2012
The Principle Of Systemic Integration written by Gabriel Orellana Zabalza and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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)
International Investment Law And Legal Theory
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Author : Jr̲g Kammerhofer
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-06
International Investment Law And Legal Theory written by Jr̲g Kammerhofer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-06 with Law categories.
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Interpreting Wto Agreements
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Author : Asif H. Qureshi
language : en
Publisher: Cambridge University Press
Release Date : 2015
Interpreting Wto Agreements written by Asif H. Qureshi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Business & Economics categories.
This second edition identifies the problems of interpreting WTO agreements, addressing the legislative developments and updating the case law.
The Role Of Multilateral Environmental Agreements
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Author : Britta Sjostedt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-28
The Role Of Multilateral Environmental Agreements written by Britta Sjostedt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-28 with Law categories.
The environment suffers enormously during armed conflicts and, despite the increasing awareness of the pressing need to protect the planet, devastating environmental damage can occur legally at times of war. This book suggests that – apart from the protection offered under law of armed conflict – environmental treaties or multilateral agreements (MEAs) can complement and strengthen environmental protection when war occurs. Previous research has focused on the protection offered under the law of armed conflict (in particular international humanitarian law) and customary international environmental law concerning wartime environmental damage, or whether environmental treaties remain applicable at times of armed conflict. This book, however, is the first in-depth scholarly examination of how environmental treaties can apply in wartime and how they can contribute to the protection of the environment in relation to armed conflict. It also offers an updated study of environmental protection under the law of armed conflict, including the latest developments in the International Law Commission's work on this underexplored topic.
Vienna Convention On The Law Of Treaties
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Author : Oliver Dörr
language : en
Publisher: Springer
Release Date : 2018-01-15
Vienna Convention On The Law Of Treaties written by Oliver Dörr and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-15 with Law categories.
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.
Human Rights And Development In International Law
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Author : Tahmina Karimova
language : en
Publisher: Routledge
Release Date : 2016-04-28
Human Rights And Development In International Law written by Tahmina Karimova and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-28 with Law categories.
This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.
The Interface Between Intellectual Property And Investment Law
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Author : Oke, Emmanuel K.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-07-31
The Interface Between Intellectual Property And Investment Law written by Oke, Emmanuel K. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-31 with Law categories.
This original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.
International Law As Social Construct
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Author : Carlo Focarelli
language : en
Publisher: Oxford University Press
Release Date : 2012-05-24
International Law As Social Construct written by Carlo Focarelli and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-24 with Law categories.
This book explores international law as a social construct by analysing its social foundations and by re-conceptualizing the way in which it is commonly understood. It asks what law is and how it works in society, and shows why it is worth to struggle for new and better-working rules in the international legal order.