The Breach Of A Treaty
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The Breach Of A Treaty
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Author : Maria Xiouri
language : en
Publisher: BRILL
Release Date : 2021-03-15
The Breach Of A Treaty written by Maria Xiouri and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-15 with Law categories.
In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.
Suspension Or Termination Of Treaties On Grounds Of Breach
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Author : Mohammed M. Gomaa
language : en
Publisher: BRILL
Release Date : 2023-10-09
Suspension Or Termination Of Treaties On Grounds Of Breach written by Mohammed M. Gomaa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-09 with Law categories.
Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.
Suspension Or Termination Of Treaties On Grounds Of Breach
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Author : Mohammed M. Gomaa
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1996-04-10
Suspension Or Termination Of Treaties On Grounds Of Breach written by Mohammed M. Gomaa and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-04-10 with Law categories.
Material breach of a treaty gives a right to the aggrieved party to suspend or terminate it. This book traces the origins and evolution of the concept of material breach and responses thereto. It undertakes a content analysis thereof, thus clarifying the practical legal problems involved. The effects of breach of treaty are also examined. This book highlights the rules relating to application of the principle of termination or suspension of treaties for material breach in terms of limitations and conditions of their application, consequences, and the course and procedures for termination or suspension. Finally, competence to determine the existence of material breach is examined. The book addresses the settlement of disputes arising from claims of termination or suspension for breach. This work will be of interest to scholars as well as diplomats and practitioners of international law.
Breach Of Treaty
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Author : Shabtai Rosenne
language : en
Publisher:
Release Date : 1985
Breach Of Treaty written by Shabtai Rosenne and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Government liability categories.
Breach of treaty, and its consequences, constitutes one of the central problems of international law. In this work - a contribution to the series of Hersch Lauterpacht Memorial Lectures - a foremost authority on the law of treaties examines the subject with particular reference to the provisions of the Vienna Convention on the Law of Treaties and the work of the International Law Commission on that subject and on State Responsibility.
An Overview Of Aboriginal And Treaty Rights And Compensation For Their Breach
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Author : Robert Mainville
language : en
Publisher: UBC Press
Release Date : 2001-04-01
An Overview Of Aboriginal And Treaty Rights And Compensation For Their Breach written by Robert Mainville and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-04-01 with Law categories.
A pressing issue today is how to compensate Aboriginal peoples for the infringement of their rights. In this book, Robert Mainville examines Aboriginal and treaty rights in an historical and legal context, explaining their origins and reviewing major court decisions that have defined Aboriginal rights. The author points out that Aboriginal rights include more than Aboriginal title, and stresses the fiduciary relationship between the federal government and Aboriginal peoples. He also discusses the impact of the Canadian constitution on Aboriginal rights, and the limits to the government's ability to infringe upon Aboriginal and treaty rights. The heart of this book deals with the complex question of compensation for the infringement of Aboriginal and treaty rights. The author begins with the Canadian law of expropriation but argues that, while these principles can provide guidelines for compensation, expropriation law is inadequate to address the issue fully. He then examines American jurisprudence and concludes that the American experience, which involves complex legal maneuverings and narrowly applied principles, has not always led to justice for Native Americans. Against this background, Mr. Mainville sets out clear and practical principles for determining appropriate compensation when Aboriginal or treaty rights are breached. These principles include: considering the government's fiduciary obligation; applying uniform compensation principles across the country; adequately assessing the impact of the breach on the Aboriginal community as a whole; considering the benefits derived by the Crown and third parties; the need for structured compensation schemes that do not necessarily meet mathematically accurate tests; and assessing third party responsibility for compensation.
Breaches Of Anglo American Treaties
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Author : John Bigelow
language : en
Publisher: Forgotten Books
Release Date : 2017-10-23
Breaches Of Anglo American Treaties written by John Bigelow and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with History categories.
Excerpt from Breaches of Anglo-American Treaties: A Study in History and Diplomacy This work is not what is called a war book that is, it was not written with a view to forming public opinion on any phase or feature of the pres ent world war. It was begun and, but for some revision and amplification, was finished before this unprecedented contest commenced. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Unilateral Denunciation Of Treaty Because Of Prior Violations Of Obligations By Other Party
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Author : Bhek Pati Sinha
language : en
Publisher: Springer
Release Date : 2012-12-06
Unilateral Denunciation Of Treaty Because Of Prior Violations Of Obligations By Other Party written by Bhek Pati Sinha and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with History categories.
In a world still divided into sovereign states and possessed of no institutions for comprehensive centralised regulation of transnational interests and activities, treaties are steadily increasing in number and importance as an imperfect but indispensable substitute for such regulation. Through multilateral conventions, the world community seeks to establish widely accepted standards of state conduct in the general interest; and many international agreements are concluded for the purpose of regulating the relations between two or more states by creating contractual bonds of reciprocal nature between them. Despite the non-existence of anything resembling a world govern ment with effective power to enforce international law, most treaties are observed with a high degree of regularity. States normally carry out their treaty commitments because it is in their interest to do so. A treaty is made because two or more states have a common or mutual interest in establishing a new relationship or modifying an existing one. The natural penalty for the violation of a treaty establishing or regulating a mutually desired relationship is the disruption or im pairment of the latter. When national policies change, clauses per mitting termination or withdrawal by a unilaterally given notice often serve as safety valves which prevent pressures for treaty violations from building up. But there remains a residue of situations in which a state fails to live up to its obligations under a treaty still in force.
Commentary On The 1969 Vienna Convention On The Law Of Treaties
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Author : Mark Eugen Villiger
language : en
Publisher: BRILL
Release Date : 2009
Commentary On The 1969 Vienna Convention On The Law Of Treaties written by Mark Eugen Villiger and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.
Conceptual And Contextual Perspectives On The Modern Law Of Treaties
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Author : Michael J. Bowman
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-31
Conceptual And Contextual Perspectives On The Modern Law Of Treaties written by Michael J. Bowman 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 2018-10-31 with Law categories.
In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.
The Conduct Of The Dutch Relating To Their Breach Of Treaties With England
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Author :
language : en
Publisher:
Release Date : 1760
The Conduct Of The Dutch Relating To Their Breach Of Treaties With England written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1760 with Great Britain categories.