Methods Of Resolving Conflicts Between Treaties
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Methods Of Resolving Conflicts Between Treaties
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Author : Seyed-Ali Sadat-Akhavi
language : en
Publisher: BRILL
Release Date : 2021-10-18
Methods Of Resolving Conflicts Between Treaties written by Seyed-Ali Sadat-Akhavi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
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.
Strategically Created Treaty Conflicts And The Politics Of International Law
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Author : Surabhi Ranganathan
language : en
Publisher: Cambridge University Press
Release Date : 2014-12-18
Strategically Created Treaty Conflicts And The Politics Of International Law written by Surabhi Ranganathan 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 2014-12-18 with Law categories.
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
Contemporary Issues In The Law Of Treaties
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Author : Malgosia Fitzmaurice
language : en
Publisher: Eleven International Publishing
Release Date : 2005
Contemporary Issues In The Law Of Treaties written by Malgosia Fitzmaurice and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This book is a collection of essays dealing with issues of contemporary significance in the law of treaties. It neither purports nor aspires to provide a general overview of all aspects of the law of treaties, and it is by no means intended to be a comprehensive textbook. The discussion of the subjects selected in this book will shed some light on a number of areas of the contemporary law of treaties, and, consequently, on some important features of the international legal system at the beginning of the twenty-first century. The relevance of the rules governing the law of treaties for other central fields of international law continue to be the subject of frequent doctrinal discussion. In addition, some rapidly developing newer areas of public international law, which are regulated for the most part by treaties, have renewed the importance of some older problems, for example, the question of conflicts between treaties regulating the same subject-matter and the matter of treaty interpretation. One other important issue is the relevance of the emergence of new actors and factors, other than states, in the international legal order in general, and in the law of treaties in particular.
Modification Of Treaties By Subsequent Practice
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Author : Irina Buga
language : en
Publisher: Oxford University Press
Release Date : 2018-04-04
Modification Of Treaties By Subsequent Practice written by Irina Buga 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 2018-04-04 with Law categories.
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.
Marine Protected Areas In International Law
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Author : Ingvild Ulrikke Jakobsen
language : en
Publisher: BRILL
Release Date : 2016-08-09
Marine Protected Areas In International Law written by Ingvild Ulrikke Jakobsen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-09 with Law categories.
Marine Protected Areas in International law – an Arctic perspective, introduces and analyzes the legal rights and obligations of states under international law, using Marine Protected Areas (MPAs) as a tool to protect marine biodiversity. The fragile Arctic marine environment is under growing pressure from climate change and the prospect of increasing human activity affecting previously untouched areas. The conservation of Arctic marine biodiversity is a pressing and global concern, not least because the melting of sea ice will have widespread effects. By analyzing regional cooperation through the OSPAR Convention and under the Arctic Council, Jakobsen examines the implementation of the global legal framework for biodiversity protection and conservation in the Arctic. The book has a particular focus on the possibilities of the states to regulate shipping within the MPAs, as the increasing shipping activities represent a major threat to the sensitive marine Arctic.
Research Handbook On The Law Of Treaties
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Author : Christian J. Tams
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-09-26
Research Handbook On The Law Of Treaties written by Christian J. Tams 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 2014-09-26 with Political Science categories.
Offering a unique conceptual approach to the Law of Treaties this insightful Research Handbook not only sets out the foundational issues, but identifies tensions within the field, including formalism vs flexibility, integrity vs flexibility, and unifor
Whaling And International Law
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Author : Malgosia Fitzmaurice
language : en
Publisher: Cambridge University Press
Release Date : 2015-12-03
Whaling And International Law written by Malgosia Fitzmaurice 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 2015-12-03 with Law categories.
An in-depth analysis of one of the most complex and intriguing legal and sociological phenomena of the contemporary period.
Vienna Convention On The Law Of Treaties
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Author : Oliver Dörr
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-11-22
Vienna Convention On The Law Of Treaties written by Oliver Dörr and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-22 with Law categories.
The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. 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 addressed to academia, as well as to practitioners of international law.
The Law Of Treaties Beyond The Vienna Convention
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Author : Mahnoush H. Arsanjani
language : en
Publisher: American Chemical Society
Release Date : 2011-02-17
The Law Of Treaties Beyond The Vienna Convention written by Mahnoush H. Arsanjani and has been published by American Chemical Society this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-17 with Law categories.
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.
The Effects Of Armed Conflict On Investment Treaties
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Author : Tobias Ackermann
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
The Effects Of Armed Conflict On Investment Treaties written by Tobias Ackermann 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 2022-08-25 with Law categories.
This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.