The Unanimity Rule In The Revision Of Treaties A Re Examination
DOWNLOAD
Download The Unanimity Rule In The Revision Of Treaties A Re Examination PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Unanimity Rule In The Revision Of Treaties A Re Examination book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Unanimity Rule In The Revision Of Treaties A Re Examination
DOWNLOAD
Author : Edwin C. Hoyt
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Unanimity Rule In The Revision Of Treaties A Re Examination written by Edwin C. Hoyt 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 2012-12-06 with Law categories.
In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.
The Unanimity Rule In The Revision Of Treaties
DOWNLOAD
Author : Edwin C Hoyt
language : en
Publisher:
Release Date : 2012-05-19
The Unanimity Rule In The Revision Of Treaties written by Edwin C Hoyt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-19 with categories.
Stability And Change In The Law Of The Sea
DOWNLOAD
Author : Alex G. Oude Elferink
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2005
Stability And Change In The Law Of The Sea written by Alex G. Oude Elferink 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 2005 with Nature categories.
This work looks at topics, which can contribute to an understanding of how the Convention has been adapted to newly arising issues and how further adaptation may be achieved in the future, without a readjustment of the basic legal framework contained in the Convention.
Diversity In Secondary Rules And The Unity Of International Law
DOWNLOAD
Author : K. C. Wellens
language : en
Publisher: BRILL
Release Date : 2023-11-27
Diversity In Secondary Rules And The Unity Of International Law written by K. C. Wellens and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
This book is a direct result of the publication of the 1994 Netherlands Yearbook of International Law, published in 1995. It was decided that the publication of the 25th Yearbook should be marked by a special volume written by current and former members of the Board of Editors, omitting the usual documentation sections. The central theme of this special volume is whether the secondary rules form a potential risk, constituting a threat to the global unity and efficacy of the international legal order. As many fields of international law as possible have been included: diplomatic law, the law of war, human rights, environmental law, and the law of international organizations (e.g. GATT/WTO and the European Communities). The research methods used are presented in an introductory paper, and results and conclusions are provided. The UN legal system is also accorded its rightful place in the research.
The Capacity Of International Organizations To Conclude Treaties And The Special Legal Aspects Of The Treaties So Concluded
DOWNLOAD
Author : Hungdah Chiu
language : en
Publisher: Springer
Release Date : 2012-12-06
The Capacity Of International Organizations To Conclude Treaties And The Special Legal Aspects Of The Treaties So Concluded written by Hungdah Chiu 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 Law categories.
Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.
Treaties In Motion
DOWNLOAD
Author : Malgosia Fitzmaurice
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-25
Treaties In Motion 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 2020-06-25 with Law categories.
The book examines treaty law from the angle of types of motion, combining theory with practical examples and empirical data.
The Oxford Guide To Treaties
DOWNLOAD
Author : Duncan B. Hollis
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-05-28
The Oxford Guide To Treaties written by Duncan B. Hollis and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-28 with Law categories.
The Oxford Guide to Treaties is the authoritative reference point for anyone studying or involved in the creation or interpretation of treaties and other forms of international agreement. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. Being adept with treaties and international agreements is thus an indispensable skill for anyone engaged in international relations, including international lawyers, diplomats, international organization officials, and representatives of non-governmental organizations. This second edition of the award-winning volume from Professor Duncan B. Hollis provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. Foundational issues are covered, from defining treaties and their alternatives, to examining current theorizations about the treaty in international law. Chapters review specific stages in the treaty's life-cycle, including formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also included. A section sampling over four hundred actual treaty clauses complements these scholarly treatments. These real examples help illustrate different approaches treaty-makers can take on topics such as entry into force, languages, reservations, and amendments.
Modification Of Treaties By Subsequent Practice
DOWNLOAD
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.
Fundamentals Of Public International Law
DOWNLOAD
Author : Giovanni Distefano
language : en
Publisher: BRILL
Release Date : 2019-05-07
Fundamentals Of Public International Law written by Giovanni Distefano and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-07 with Law categories.
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.
An Introduction To International Organizations Law
DOWNLOAD
Author : Jan Klabbers
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-10
An Introduction To International Organizations Law written by Jan Klabbers 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 2022-03-10 with Law categories.
Provides a framework for understanding how organizations are set up and the logic behind international organizations law.