The Principle Of Systemic Integration In International Law
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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.
The Principle Of Systemic Integration In International Law
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Author : Campbell McLachlan KC
language : en
Publisher: Oxford University Press
Release Date : 2024-07-09
The Principle Of Systemic Integration In International Law written by Campbell McLachlan KC 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 2024-07-09 with Law categories.
International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice. The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.
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.
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.
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.
Treaty Interpretation
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Author : Richard K. Gardiner
language : en
Publisher:
Release Date : 2015
Treaty Interpretation written by Richard K. Gardiner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Treaty Interpretation, now in its second edition, explores and analyzes the rules for interpretation of treaties and their application in national and international jurisdictions.
International Law And The Protection Of People At Sea
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Author : Irini Papanicolopulu
language : en
Publisher: Oxford University Press
Release Date : 2018
International Law And The Protection Of People At Sea written by Irini Papanicolopulu 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 with Law categories.
From the actions of Somali pirates to the fate of asylum seekers in the Mediterranean, the rights of those at sea is of vital importance. The first book to comprehensively analyse the legal status of seafarers and sea-travellers, Papanicolopulu's timely text provides a compelling argument for the responsibility of the state to protect those at sea.