The Principle Of Systemic Integration
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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)
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.
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.
Comparative Reasoning In International Courts And Tribunals
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Author : Daniel Peat
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-09
Comparative Reasoning In International Courts And Tribunals written by Daniel Peat 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 2020-07-09 with Law categories.
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
A Landscape Of Contemporary Theories Of International Law
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Author : Emmanuel Roucounas
language : en
Publisher: BRILL
Release Date : 2019-09-16
A Landscape Of Contemporary Theories Of International Law written by Emmanuel Roucounas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-16 with Law categories.
This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
The Practice Of International And National Courts And The De Fragmentation Of International Law
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Author : Ole Kristian Fauchald
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-01
The Practice Of International And National Courts And The De Fragmentation Of International Law written by Ole Kristian Fauchald and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Law categories.
In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.
Cutting Edge Research Topics On Multiple Criteria Decision Making
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Author : Yong Shi
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-07-09
Cutting Edge Research Topics On Multiple Criteria Decision Making written by Yong Shi 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 2009-07-09 with Computers categories.
MCDM 2009, the 20th International Conference on Multiple-Criteria Decision M- ing, emerged as a global forum dedicated to the sharing of original research results and practical development experiences among researchers and application developers from different multiple-criteria decision making-related areas such as multiple-criteria decision aiding, multiple criteria classification, ranking, and sorting, multiple obj- tive continuous and combinatorial optimization, multiple objective metaheuristics, multiple-criteria decision making and preference modeling, and fuzzy multiple-criteria decision making. The theme for MCDM 2009 was “New State of MCDM in the 21st Century.” The conference seeks solutions to challenging problems facing the development of multiple-criteria decision making, and shapes future directions of research by prom- ing high-quality, novel and daring research findings. With the MCDM conference, these new challenges and tools can easily be shared with the multiple-criteria decision making community. The workshop program included nine workshops which focused on different topics in new research challenges and initiatives of MCDM. We received more than 350 submissions for all the workshops, out of which 121 were accepted. This includes 72 regular papers and 49 short papers. We would like to thank all workshop organizers and the Program Committee for the excellent work in maintaining the conference’s standing for high-quality papers.
Research Handbook On Human Rights And Humanitarian Law
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Author : Robert Kolb
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Research Handbook On Human Rights And Humanitarian Law written by Robert Kolb 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 2013-01-01 with Political Science categories.
'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.